THIS AGREEMENT BETWEEN GracefulHosting and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, “Clients”, or “Subscribers”) WHEREAS GracefulHosting agrees to furnish IT - internet based services associated with web sites, web hosting, and shop building or SaaS (software as a service.)
Use of GracefulHosting Services constitutes acceptance and agreement to GracefulHosting's policies are subject to the terms above and as follows:
GracefulHosting strongly prohibits the use of any our service for any illegal activities.
User shall not include content, or internet links to content on the Site that contain, promote, or involve any of the following. Examples include but are not limited to:
1. Any copyright, patent, trademark, or other intellectual property right.
2. Child Pornography or Explicit Content
3. Hate content.
4. Threatening, racial, or otherwise abusive content.
5. Any and all content inciting, instructing, or promoting illegal activities.
ALL CONTENT MUST BE FAMILY FRIENDLY!!! If you wouldn't feel right showing it to your preacher, don't plan on using our service to host it.
Establishment of service is reliant upon receipt by the GracefulHosting of payment of affirmed charges. Following payments are due on the anniversary date of the month for that bill period's service.
Payments and Fees:
Accounts that reach 5 days past due will be accessed a $5 late fee. After 10 days of non payment, your account will be deleted. Once an account has been deleted, the only way it can be restored is via backups. Restoration of an account may only be possible to older version and your site and may not be possible at all. Attempts to restore an account are $45.
Accounts that are not collectible by GracefulHosting may be turned over to an outside agency for collection. Accounts that are turned over to an outside collection agency will be responsible for any and all collection fees as well as legal fees and a reasonable amount of interest. If you desire to cancel your account, please follow the proper procedure to do this as outlined in these TOS in order to avoid further charges. Chargebacks in which we were not at fault will be turned over to our lawyer and/or a collection agency.
GracefulHosting offers several payment methods. We offer Paypal payments which are set up as a subscription or as one time payments. We accept Visa, MasterCard, or Discover cards. All payment solutions are provided by 2Checkout.com. Last, we are more than happy to accept checks or money orders under the pretense that services will not be established until payment has arrived. Checks or money orders should be mailed to:
3845 Ringgold Rd.
Forest, MS 39074
If a payment that we accept for the balance on your account is later found to be fraudulent, unauthorized by the account holder, or a "bad" payment in general will constitute immediate termination of your account. All applicable termination fees will be accessed. We will also work with authorities in an investigation of fraudulent or unauthorized activity.
All bounced checks will incur a $25 fee OR the maximum permitted by the appropriate law.
Credit Cards are encrypted and stored inside a secure database. By submitting a credit card you agree for GracefulHosting to process your card automatically each time that a recurring bill comes due. To state this in other words, your card will be processed automatically on the day that invoices are due. THEREFORE, if you need to update your credit card information you should do so BEFORE the due date shown on your invoices.
It is your responsibility to make sure that your account is paid up to date, and that if you change your email address, we are immediately notified of such change. Accounts that have been terminated will be subject to a reconnection fee of $25, and all past due balances must be paid before an account will be reactivated. If you request for your account to be reactivated and fail to pay AGAIN, an additional termination fee will be applied to your balance.
Failure to Pay:
GracefulHosting may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If you need an extension on payment, please contact us. We are glad to work with you under reasonable circumstances. Requests for canceling accounts may be made in writing or through the billing system at http://clients.gracefulhosting.com .
Creation of an account and failing to make your first payment constitutes "failure to pay" and will be handle as all other accounts. This means that we will apply a termination fee to your account and we reserve the right to turn the account over to collections. If User ever attempts to create an account with GracefulHosting again, they will be required to take care of balance created previously by creating accounts and failing to pay them.
Disclosure to Law Enforcement:
At GracefulHosting, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written or electronic request without further consent or notification to the Subscriber. In addition GracefulHosting retains the right to terminate all service as set forth in this Agreement.
The following are our guidelines when providing support:
GracefulHosting reserves the right to 72 BUSINESS HOURS to reply to all responses.
GracefulHosting, provides technical support to our subscribers but our staff is limited to our area of expertise.
We can not guarantee any support provided.
If you have an issue with our website or services this is to be handled with GracefulHosting in a respectful and private manner to get your situation resolved.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the order page (the "Agreed Usage"). GracefulHosting will monitor Customer's bandwidth and disk usage. GracefulHosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in GracefulHosting's sole and absolute discretion. If GracefulHosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, GracefulHosting may, at its sole discretion, collect a deposit, in an amount determined by GracefulHosting, against customer's payment information on file with GracefulHosting.
SPAM and Unsolicited Commercial Email (UCE):
GracefulHosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of GracefulHosting may not use or permit others to use our network to transact in UCE Violation of GracefulHosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, GracefulHosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, GracefulHosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, GracefulHosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, GracefulHosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. GracefulHosting will notify law enforcement officials if the violation is believed to be a criminal offense.
As our Customers are ultimately responsible for the actions of their clients over the GracefulHosting network, it is advisable that customers develop a similar, or stricter, policy for their clients.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the GracefulHosting Network. Violations of system or network security may result in civil or criminal liability. GracefulHosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Copying or moving files that are necessary for functionality of our system.
Notification of Violation:
GracefulHosting is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities. This does not mean that we will not monitor your site. If you find violations on any site on our server you may report them for a free month of hosting.
GracefulHosting is not responsible for any damages your business may suffer. GracefulHosting does not make implied or written warranties for any of our services. GracefulHosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by GracefulHosting.
14 day Money Back & Cancellation Policy:
To prove to you how confident we are in our services, we will offer you a 14 day money back guarantee on web hosting plans and packages. Web Design by us or others, SETUP FEES, domain name registration and transfers are NON-REFUNDABLE. Our system does NOT issue refunds automatically. We must do this manually. Therefore, you should email us a request for your money back.GracefulHosting will not issue refunds to users who have their account terminated by GracefulHosting, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.
Account cancellation requests should be made via the client area at http://clients.gracefulhosting.com. You may also email firstname.lastname@example.org to request cancellation. Your account may ONLY be canceled if there is a negative (we owe you money) or 0$ balance at the time of your request. If you have a balance on your account, you will be required to take care of it before we can put your cancellation request in our system. All cancellation requests will be handled immediately. If you would like to continue using the services you paid for until the end of the month, do not request cancellation until that point.
99.9% uptime guarantee:
If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.1% in any month, we will make compensation for the downtime. Downtime will be based upon our own monitoring system. We will gladly make this monitoring system available for your viewing upon request.
Responsibility for Content:
You, as a GracefulHosting's customer, are solely responsible for the content stored on and served by your GracefulHosting server.
We value our clients' trust! We keep all of the information shared between you and GracefulHosting private. None of the information you provide to use will be shared or used in anyways except within conjunction with our service or other reason outline in this agreement.
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the service is at your own risk. We and our suppliers provide our service, the gracefulhosting.com web site and your member web site "AS IS" and without any warranty or condition of any kind, expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.
Gracefulhosting and our suppliers make no warranty that: (i) The service will meet your requirements, (ii) The service will be uninterrupted, timely, sercure or error free, and (iii) The quality of any products, services, information or other material purchas or obtained by you through the service will meet your expectations.
Any material downloaded or otherwise obtained through the use of the service, the gracefulhosting.com web site or MEMBER web sites is done at your own discrition and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
All credits on the bottom of websites stating that the site is powered by or hosted by GracefulHosting must be kept in tact. If the credit at the bottom of your site cannot be kept intact due to custom template or other problems, you MUST email us and allow us to add our tagline in.
All files, ideas, graphics, or other content we provide within our builder or site are OUR or GracefulHosting’s property. You may NOT copy, move, edit, or redistribute any of our files. Failure to abide by this may result in termination of your account and the appropriate legal action.
UNLIMITED Storage & Bandwidth:
These options are offered as benefits to our clients and are not to be abused. UNLIMITED Storage means you may store as much data as required to run your store or any applications you may be using....you may NOT use the server as a place to backup your local files. If you are found to be abusing the UNLIMITED Storage benefit, your plan will be downgraded to the next highest plan and you will be billed for any overages ($3 per month per 300MB of storage.) You will not be refunded for the difference when being downgraded. Billing will resume at your new plan's rate.
UNLIMITED Bandwidth applies to websites that run GracefulCart ONLY. If your website runs a forum, chat application, banner system, or other application, you are NOT eligible to take advantage of UNLIMITED Bandwidth. If you are found to be running an application other than GracefulCart and bandwidth usage is over 15,000MB, your plan will be downgraded and UNLIMITED Bandwidth will be removed......standard bandwidth limits will apply as follows:
You will not be refunded for the the difference in downgrades. If you used more bandwidth than what is allotted, you will be billed for overages ($5 per month per 3,500 MB of bandwidth.)
Denial of Service:
GracefulHosting reserves the right to deny service to anyone for any reason. As per these TOS, we are not required to disclose our reasoning. If we deny you service after you have signed up, a full refund will be issued.
Price Match Guarantee:
If you find a better price for services similar to ours, we will gladly match that price for 60 days. If after 60 days you don't feel our service is worth the extra charges and you would like to transfer, we will refund your first month's hosting payment. The price you would like us to match must be displayed publicly to be honored. Email email@example.com for more information.
FREE or Subsidized Templates:
GracefulHosting has partnered with industry leading designers to offer you stylish web templates at a free or reduced price. If you choose to take advantage of this offer then you understand that the template you are using may be full or partial property of GracefulHosting and that we my require you to host with us for 6 months before you may take that template and use it at another hosting company. We also reserve the right to 2-5 BUSINESS days for each template to be installed. You may take advantage of this offer ONCE per DIY hosting package you have with GracefulHosting.
Media and Press Coverage:
We may, at our disclosure, use images from your site, images of your site, information from your site, or anything regarding your site in the promotion of GracefulHosting services or in promotion of your own site and services. We will never use the above stated information in a negative way regarding press and/or media coverage. In typical situations, all attempts will be made to obtain written permission. If we are unable to get in touch with you, agreement to these terms of services will constitute permission.
Clients are, as defined by these TOS, anyone who has used or makes use of services provided by us or any of our staff members. Therefore, services provided (including services not listed on our site) constitute the addition of your site to our "clients" page.
SINGLE USER LICENSE for GracefulCart (DIY Sitebuilder Software)
IMPORTANT: The license following is a legal agreement between the person, company, or orgrantization that has licensed said software (you) and GracefulEnterprises, LLC. By inserting your license key or using the sitebuilder files, whether you have read this license or not, you agree to be bound by the terms of this agreement.
The software stated (GracefulCart) may be installed on one domain per license. You may not re-distribute this software and it is NOT Open Source Software. If you wish to install this software on more than one domain, simply visist our website and purchase additional DIY Hosting packages which include additional licenses.
You may not rent, lease, lend, redistribute, re-sell, or sublicense GracefulCart. Licenses are non-transferrable and are revoked once you end your GracefulHosting services.
To the extent not prohibited by law, in no event shall GracefulEnterprises, LLC be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including without limitation, loss of profits, loss of data, business interruption, or any other commercial or personal damages or losses arising out of or reltated to your use of inablitliy to use the License Verification Portal however it maybe caused. The extent of our liability is the price you paid for the license to this software.
This license agreement is valid without Your signature. It becomes effective upon the insertion of the provided license or use of GracefulCart.
All provisions of this agreement are subject to the TOS (Terms of Service) of GracefulHosting and AUP (Acceptable Use Policy). The TOS may be changed from time to time at the discretion of the Company. Subscriber understands that change to the TOS by the Company shall not be grounds for early contract termination or non-payment. Subscriber also understands that GracefulHosting does not agree to notify you of all changes although we will do our best when major changes have been made.