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Gabriel Web
Hosting and Designs at Gabriels
Last Day Warriors
Gabriel
Associates Web Hosting and
Designs
Christian Web Hosting Resellers
Programs
TERMS
OF SERVICE
Gabriel Web
Hosting and Designs Terms of
Service:
Where the content states:
"We" includes Gabriel
Web Hosting and Designs or any
party acting on Gabriel Web
Hosting and Designs's implicit
instructions. "You"
includes the person purchasing
the services or any party acting
on the customer's instructions.
"Member" includes the
purchaser of services or any
party acting on the purchaser's
instructions. "The
Registrant" includes the
person applying for a domain name
or any party acting on the
Registrant's instructions.
"The Registry" refers
to the relevant domain names
Registry. "Server"
means the computer server
equipment in connection with the
provision of the Services.
"Web Site" means the
area on the Server allocated by
us to you for use by you as a
site on the Internet.
"TOS" includes this
agreement. In consideration of
the mutual covenants herein, the
parties agree to the following,
which shall apply during the term
of this agreement:
1. Domain Name
Registration
1.1 We make no
representation that the domain
name you wish to register is
capable of being registered by or
for you or that it will be
registered in your name. You
should therefore not assume
registration of your requested
domain name(s) until you have
been notified that it has or they
have been registered. Any action
taken by you before such
notification is at your risk.
1.2 The
registration and use of your
domain name is subject to the
terms and conditions of use
applied by the relevant naming
authority; you shall ensure that
you are aware of those terms and
conditions and that you comply
with them. You shall have no
right to bring any claim against
us in respect of refusal to
register a domain name. Any
administration charge paid by you
to us shall be non-refundable
notwithstanding refusal by the
naming authority to register your
desired name.
1.3 We shall have
no liability in respect of the
use by you of any domain name;
any dispute between you and any
other person must be resolved
between the parties concerned in
such dispute. If any such dispute
arises, we shall be entitled, at
our discretion and without giving
any reason, to withhold, suspend
or cancel the domain name. We
shall also be entitled to make
representations to the relevant
naming authority but will not be
obliged to take part in any such
dispute.
1.4 We shall not
release any domain to another
provider unless full payment for
that domain has been received by
us.
2. Web Site
Hosting And Email
2.1 We make no
representation and give no
warranty as to the accuracy or
quality of information received
by any person via the Server and
we shall have no liability for
any loss or damage to any data
stored on the Server.
2.2 You shall
effect and maintain adequate
insurance coverage in respect of
any loss or damage to data stored
on the Server.
2.3 You represent,
undertake and warrant to us that
you will use the Web Site
allocated to you only for lawful
purposes. In particular, you
represent, warrant and undertake
to us that:
2.3.1 you will not
use the Server in any manner
which infringes any law or
regulation or which infringes the
rights of any third part; nor
will you authorize or permit any
other person to do so.
2.3.2 you will not
post, link to or transmit:
(a) any material which is
unlawful, threatening, abusive,
malicious, defamatory, obscene,
pornographic, blasphemous,
profane or otherwise
objectionable as determined by
Gabriel Web Hosting and Designs
in any way.
(b) any material
containing a virus or other
hostile computer program.
(c) any material which
constitutes, or encourages the
commission of a criminal offence,
or which infringes any patent,
trade mark, design right,
copyright or any other
intellectual property right or
similar rights of any person
which may subsist under the laws
of any jurisdiction.
2.3.3 you will not
send bulk email, whether opt-in
or otherwise, from our network.
Nor will you promote a site
hosted on our network using bulk
email.
2.3.4 you will not
employ programs which consume
excessive system resources
including, but not limited to,
processor cycles and memory. We
do not host IRC, IRC bots, or
other server resource intensive
programs.
2.3.5 If you
surpass your allotted
disk/bandwidth usage as set forth
in your purchased plan, you agree
to purchase the excess in blocks
as set forth in our
"plans" section. Such
payment to be immediate and
non-disputable.
2.4 We reserve the
right to remove any material
which we deem inappropriate from
your web site without notice. We
do not permit Storage of files,
scripts or programs unrelated to
the functionality of an account
are not permitted. Files, mail or
scripts that cause a heavy or
unnecesary load on the CPU,
Memory or Bandwidth are not
permitted, Warez, Underage, Adult
Content, Pornographic,
Copyrighted MP3 content, mirror
sites or web sites that allow
hot-linking to images or files on
our server, DVD files storage,
files, scripts and programs that
are unrelated to your site. You
cannot use our servers to store
your favorite DVDs or to back up
your personal hard drive.
2.4.1 Adult Content
is described as:
(a) Any site whose revenue
is gained in part or whole from
its adult content.
(b) Photos or videos
showing nudity on either males or
females for any purposes.
(c) Photos or videos
showing graphic violence, death
or dismemberment.
(d) Photos or videos
showing graphic violence or
death.
(e) Revenue-generating
hyperlinks to sites that violate
this policy.
2.5 You shall keep
secure any identification,
password and other confidential
information relating to your
account and shall notify us
immediately of any known or
suspected unauthorized use of
your account or breach of
security, including loss, theft,
or unauthorized disclosure of
your password or other security
information.
2.6 You shall
observe the procedures which we
may from time to time prescribe
and shall make no use of the
Server which is detrimental to
our other customers.
2.7 You shall
procure that all mail is sent in
accordance with applicable
legislation (including data
protection legislation) and in a
secure manner.
2.7.1 Sending
unsolicited mail messages,
including without limitation,
commercial advertising and
informational announcements, is
expressly prohibited. A Member
shall not use another site's mail
server to relay mail without the
express permission of the site.
2.8 It is contrary
to Gabriel Web Hosting and
Designs policy for Members to use
our servers to effect or
participate in any of the
following activities:
To post to any Usenet or other
newsgroup, forum, e-mail mailing
list or other similar group or
list articles which are off-topic
according to the charter or other
owner-published FAQ or
description of the group or list.
To send mass e-mailings; whether
unsolicited, opt-in, or
otherwise.
To engage in any of the foregoing
activities using the service of
another provider, but channeling
such activities through a Gabriel
Web Hosting and Designs provided
server, or using a Gabriel Web
Hosting and Designs provided
server as a mail drop for
responses.
To falsify user information
provided to Gabriel Web Hosting
and Designs or to other users of
the service in connection with
use of a Gabriel Web Hosting and
Designs service.
2.8.1(a)
Consequences of Violation:
When Gabriel Web Hosting and
Designs becomes aware of an
alleged violation of its
Acceptable Use Policy, Gabriel
Web Hosting and Designs will
initiate an investigation. During
the investigation Gabriel Web
Hosting and Designs may restrict
Member's access in order to
prevent further possible
unauthorized activity. Depending
on the severity of the violation,
Gabriel Web Hosting and Designs
may, at its sole discretion,
restrict, suspend, or terminate
Member's account and/or pursue
other civil remedies. If such
violation is a criminal offense,
Gabriel Web Hosting and Designs
will notify the appropriate law
enforcement department of such
violation.
2.8.1(b) You shall
be held liable for any and all
costs incurred by Gabriel Web
Hosting and Designsas a result of
your violation of these terms and
conditions. This is including,
but is not limited to, attorney
fees and costs resulting from
Postmaster responses to
complaints from and the cleanup
of unsolicited commercial
mailings and/or unauthorized bulk
mailings and/or news server
violations. Gabriel Web Hosting
and Designs’s current hourly
rate for Postmaster responses to
complaints and cleanup of
unsolicited commercial mailings
and/or unauthorized bulk mailings
and/or news server violations is
US $100 per hour, with a minimum
one (1) hour charge, plus US $1
for each bulk-email or Usenet
message sent, plus US $1 per
complaint received. Server
maintenance fees of $85 per hour.
2.8.2 Gabriel Web Hosting
and Designs does not issue
service credits for any outages
incurred through service
disablement resulting from Policy
violations.
2.9 Any access to
other networks connected to
Gabriel Web Hosting and Designs
must comply with the rules
appropriate for those other
networks
2.10 While we will
use every reasonable endeavor to
ensure the integrity and security
of the Server, we do not
guarantee that the Server will be
free from unauthorized users or
hackers and we shall be under no
liability for non-receipt or
misrouting of email or for any
other failure of email.
2.11 You may cancel
the Services at any time by
emailing us. (for verification)
and requesting cancellation of
services.
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3. Service
Availability
3.1 We shall use
our reasonable endeavors to make
available to you at all times the
Server and the Services but we
shall not, in any event, be
liable for interruptions of
Service or down-time of the
Server.
3.2 We shall have
the right to suspend the Services
at any time and for any reason,
generally without notice, but if
such suspension lasts or is to
last for more than 7 days you
will be notified of the reason.
3.3 The Services
provided to you hereunder and
your account with us cannot be
transferred or used by anyone
other than you. No more than one
log-in session under any one
account may be used at any time
by you. If you have multiple
accounts, you are limited to one
login session per system account
at any time; user programs may be
run only during log-in sessions.
If your account is found to have
been transferred to another
party, or shows other activity in
breach of this sub clause, we
shall have the right to cancel
the account and terminate the
Services and/or this Agreement
immediately.
4. Payment
4.1 All charges
payable by you for the Services
shall be in accordance with the
scale of charges and rates
published from time to time by us
on our web site and shall be due
and payable in advance of our
service provision. We reserve the
right to change pricing at any
time although all pricing is
guaranteed for the period of pre
payment.
4.2 Payment is due
each anniversary month, quarter
or year following the date the
Services were established until
closure notice is given. If you
choose to pay by credit or debit
card you authorize Gabriel Web
Hosting and Designs to debit your
account renewal fees from your
card.
4.3 All payments
must be in US Dollars.
4.4 If your check
is returned by the bank as unpaid
for any reason, you will be
liable for a "returned
check" charge of $45.
4.5 Without
prejudice to our other rights and
remedies under this Agreement, if
any sum payable is not paid on or
before the due date, we shall be
entitled forthwith to suspend the
provision of Services to you.
5. Termination
5.1 If you fail to
pay any sums due to us as they
fall due, we may suspend the
Services and/or terminate this
Agreement forthwith without
notice to you. A $25 reactivation
fee will be charged for websites
that are suspended.
5.2 If you break
any of these terms and conditions
we may suspend the Services
and/or terminate this Agreement
forthwith without notice to you.
5.3 If you are a
company and you go into insolvent
liquidation or suffer the
appointment of an administrator
or administrative receiver or
enter into a voluntary
arrangement with your creditors,
we shall be entitled to suspend
the Services and/or terminate
this Agreement forthwith without
notice to you.
5.4 No refunds will
be made for Services suspended in
accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the
right to suspend the Services
and/or terminate this Agreement
at any time. In the event of this
You will a be entitled pro rata
refund based upon the remaining
period of membership.
5.6 You may cancel
the Services at any time by
emailing us at: admin @ Last Day
Warriors .com (for verification)
and requesting cancellation of
services.
5.7 During the
first 30 days of Services, You
are entitled to a refund of fees
paid with the exclusion of domain
name registration, dedicated
server, data transfer fees, and
excessive support requests should
you decide to cancel the Services
for just cause. Gabriel Web
Hosting and Designsshall be the
sole arbitrator as to the
validity of your claim of just
cause. And will subtract the
aforementioned fees from any
monies due you.
5.7.1 During the
first thirty days of service you
are entitled to a full, no
questions asked refund excluding
as set forth in sections 5.7,
5.7.2, 5.7.3, and 12.5; as well
as exclusions listed in section 2
above. For the remaining time
your refund will be prorated and
factored at the full discretion
of Gabriel Web Hosting and
Designs.
5.7.2 Partner Plans
(Resellers) are eligible for
above refund minus usage fees; if
such use has been deemed
excessive at the discretion of
Gabriel Web Hosting and Designs.
Such accounts are often more
resource intensive than standard
shared hosting accounts and,
therefore, do not qualify under
our standard 30 day guarantee
details.
5.7.3 You will not
be entitled to a refund on these
basis if you have previously had
an account with Gabriel Web
Hosting and Designs under any
plan or service.
5.7.4 Allow 30
(thirty) days for refund payments
to process. If you have not
received refund within this time
allotment; please contact us.
5.8 Where payment
has been made by credit or debit
card, any refund will only be
issued to the same credit or
debit card.
5.9 On termination
of this Agreement or suspension
of the Services we shall be
entitled immediately to block
your Web Site and to remove all
data located on it.
6. Indemnity
6.1 You shall
indemnify us and keep us
indemnified and hold us harmless
from and against any breach by
you of these terms of business
and any claim brought against us
by a third party resulting from
the provision of Services by us
to you and your use of the
Services and the Server
including, without limitation,
all claims, actions, proceedings,
losses, liabilities, damages,
costs, expenses (including
reasonable legal costs and
expenses), howsoever suffered or
incurred by us in consequences of
your breach or non-observance of
this Agreement.
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7. Limitation Of
Liability
7.1 All conditions,
terms, representations and
warranties relating to the
Services supplied under this
Agreement, whether imposed by
statute or operation of law or
otherwise, that are not expressly
stated in these terms and
conditions including, without
limitation, the implied warranty
of satisfactory quality and
fitness for a particular purpose
are hereby excluded, subject
always to sub clause.
7.2 Nothing in
these terms and conditions shall
exclude our liability for death
or personal injury resulting from
our negligence.
7.3 Our total
aggregate liability to you for
any claim in contract, tort,
negligence or otherwise arising
out of or in connection with the
provision of the Services shall
be limited to the charges paid by
you in respect of the Services
which are the subject of any such
claim.
7.4 In any event no
claim shall be brought unless you
have notified us of the claim
within one year of it arising.
7.5 In no event
shall we be liable to you for any
loss of business, contracts,
profits or anticipated savings or
for any other indirect or
consequential or economic loss
whatsoever.
7.6 You are
responsible for monitoring
Bandwidth and Disk space usage of
your site. This is easily done
from your Control Panel. If you
go over the amount indicated in
your current plan; you will
assessed a surcharge as set forth
in our pricing structure.
8. Notices
8.1 Any notice to
be given by either party to the
other may be sent by either
email, fax or recorded delivery
to the address of the other party
as appearing in this Agreement or
ancillary application forms or
such other address as such party
may from time to time have
communicated to the other in
writing, and if sent by email
shall unless the contrary is
proved be deemed to be received
on the day it was sent or if sent
by fax shall be deemed to be
served on receipt of an error
free transmission report, or if
sent by recorded delivery shall
be deemed to be served two days
following the date of posting.
9. Support
9.1 On our site you
will find links to all the
information to get your web site
up and running. All information
pertaining to your account should
have been included in the Welcome
Letter you received when we
created your account. If you did
not receive a welcome letter
email, please contact support.
There are several reasons an
email may not reach you; first
and foremost is if the domain you
have contracted services for is
the same domain your welcome
email was sent to.
9.2 The support
feature of our service at present
time consists of our Support
System solving server related
problems only.
9.2.1 If you
require support for your
scripting, there are several
online tutorials available we can
help you find. You may purchase
our technicians' services at the
rate of $80 per hour, with one
half hour minimum billed. We
reserve the right to wave this
fee any time.
9.3 Support can
only be addressed in English
through our Support System.
9.4 All Support
requests are to be processed
through our Support System. Any
other request for support will be
considered a breach of our TOS.
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10. Law
10.1 This Agreement
shall be governed by and
construed in accordance with
United States law and the laws
governing the state of Ohio. You
hereby submit to the
non-exclusive jurisdiction of the
U.S. courts.
11. Headings
11.1 Headings are
included in this Agreement for
convenience only and shall not
affect the construction or
interpretation of this Agreement.
12. Torturous
Conduct
12.1 No one shall
post defamatory, scandalous, or
private information about a
person without their consent,
intentionally inflicting
emotional distress, or violating
trademarks, copyrights, or other
intellectual property rights.
12.2 Any abuse
towards any Gabriel Web Hosting
and Designs employee will not be
tolerated. You are expected to
request and respond to support
and other issues in a
professional manner. When
emailing Gabriel Web Hosting and
Designs. Any cursing, yelling, or
further intentional disruptive
behavior aimed at Gabriel Web
Hosting and Designs or it's
employees shall be considered a
violation of this TOS.
12.3 Any threat;
whether verbally, orally,
written, or delivered by second
parties directed towards Gabriel
Web Hosting and Designs or any of
it's employees, partners,
equipment, and concerns shall be
construed as a violation of this
TOS.
12.4 Any
conduct viewed as violating this
section shall be considered a
violation of this TOS. Gabriel
Web Hosting and Designs will be
the sole arbitrator in regards to
what is deemed a violation.
12.5 No
refunds shall be given when the
contents of this section
necessitates removal of the
account.
13. Cancellation of
Services
13.1 You may cancel
the Services at any time by
emailing us (for verification)
and requesting cancellation of
services. Please include your
Sales Order Number (if payments
are made online)
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14. Entire
Agreement
14.1 These terms
and conditions together with any
documents expressly referred to
in them, contain the entire
Agreement between us relating to
the subject matter covered and
supersede any previous
Agreements, arrangements,
undertakings or proposals,
written or oral: between us in
relation to such matters. No oral
explanation or oral information
given by any party shall alter
the interpretation of these terms
and conditions. In agreeing to
these terms and conditions, you
have not relied on any
representation other than those
expressly stated in these terms
and conditions and you agree that
you shall have no remedy in
respect of any misrepresentation
which has not been made expressly
in this Agreement.
14.2 Gabriel Web
Hosting and Designs reserves the
right to amend these TOS at any
time.
14.3 It is your
responsibility to check these
Terms of Service on occasion for
any such amendments.
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