Terms of Service

Terms of Service

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unacceptable material:

IRC Bots

Warez Sites

Pirated Software

Hate sites

Hack programs and archives

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Ginger Hosting. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Ginger Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

We reserve the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of Ginger Hosting, Ginger Hosting will attempt to recover the data for no charge to the client but does not guarantee its recovery. If data loss occurs due to negligence of client in securing their account or by an action of the client, Ginger Hosting will attempt to recover the data from the most recent archive for a service charge.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. Refund requests will be refunded on a prorated basis of any unused time in the form of a hosting credit.

Unpaid accounts will be suspended 10 days after payment is due. Accounts in default will be terminated 6 months after going into default.

7.) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Price Change

We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

11.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Ginger Hosting's server.

12.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

13.) Changes to the TOS

We reserve the right to revise its policies at any time without notice.



AUP

ACCEPTABLE USE POLICY

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Ginger Hosting. If you engage in any of the activities prohibited by this AUP document Ginger Hosting may suspend or terminate your account.

Ginger Hosting's Acceptable Use Policy (the "Policy") for Ginger Hosting Services is designed to help protect Ginger Hosting, Ginger Hosting's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Ginger Hosting. Ginger Hosting reserves the right to modify the Policy at any time.

Prohibited Uses of Ginger Hosting Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Ginger Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Ginger Hosting's servers, is prohibited. Ginger Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Ginger Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Ginger Hosting-hosted domain, or referencing any Ginger Hosting account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Ginger Hosting customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Ginger Hosting network or on another provider's network.



Customer Responsibility for Customer's Users

Each Ginger Hosting customer is responsible for the activities of its users and, by accepting service from Ginger Hosting, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Ginger Hosting customer will be forwarded to the Ginger Hosting customer's postmaster for action. If violations of the Ginger Hosting Acceptable Use Policy occur, Ginger Hosting reserves the right to terminate services with or take action to stop the offending customer from violating Ginger Hosting's AUP as Ginger Hosting deems appropriate, without notice.

Limitation of Liability

Ginger Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Ginger Hosting's servers going off-line or being unavailable for any reason whatsoever. Further, Ginger Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Ginger Hosting's servers. All damages shall be limited to the immediate termination of service.

Ginger Hosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Ginger Hosting reserves the right to terminate an account at any time and for any reason that causes harm to any Ginger Hosting customer's web sites. Ginger Hosting reserves the right to delete all content and files upon termination. Ginger Hosting reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Ginger Hosting reserves the right to refuse, cancel, or suspend service at our sole discretion.

Ginger Hosting reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Violations of these Acceptable Use Policy should be referred to abuse@gingerhosting.com

All complaints will be investigated promptly.