Terms of Service

Hosting Use Policy

We provide web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these obligations are met.

All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Gunderson Enterprises, LLC and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

The following content will not be tolerated on any package.

1. Audio or Video Files, except .swf format, which are done in such a way that would cause excessive CPU drainage and could ultimately crash the server. Many efficient delivery methods are now available which would not cause excessive loads. If in doubt, contact us first.

2. Any content that is considered to be offensive. This includes but is not limited to pornography and sex-related merchandising. Gunderson Enterprises, LLC does not host any adult content of any type on its servers. We also do not permit sites which are linked to any of the above adult content or linked to adult content directories.

3. CGI based Forums/BBS. There are a number of good PHP based Forums available, some of which come included with Fantastico included in your hosting package. We recommend you use these programs.

4. Software downloads, unless created by the client or permission is given to the client for free distribution under GPL guidelines.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Gunderson Enterprises, LLC servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

- Pirated software
- Hacker programs or archives
- Warez sites
- Porn sites
- Hate sites
- Gambling sites

Gunderson Enterprises, LLC will be the sole arbiter as to what constitutes a violation of this provision.

Software
All hosting clients MUST keep software programs that are being used on the server upgraded to the latest versions.  New versions are written for a reason - normally to plug newly discovered security holes and bug fixes.  If you run an older version of software (eg Zen Cart, Word Press, SMF Forum, etc) on your hosting account, you will inevitably be hacked and possibly your customer's data compromised.  Gunderson Enterprises, LLC reserves the right to terminate accounts that are not running current software, with or without notice.  Should your website get hacked, there will be a fee to clean up the hack.  This is a per incident charge of $50.

If you need us to upgrade your zen cart, please visit our website.

We also REQUIRE that if you are using Zen Cart's "Tell a Friend" function that you have it set to NOT allow a guest to tell a friend so that the button does not get spammed by robots.  To verify this is your setting, log into your zen cart admin, go to Configuration>Email Options and You will see Allow Guest to Tell A Friend - this MUST be set to FALSE.

E-mail
Spamming, or the sending of unsolicited e-mail is strictly prohibited and is grounds for immediate termination without notice, or refund of hosting or dedicated IP address fees.

Mass emailing (more than 200 emails sent out at once) including, without limitation, commercial advertising, opt-in emails, and informational announcements, from a Gunderson Enterprises, LLC server is strictly prohibited.

We require that if you have a zen cart website and have newsletter subscribers, you use MailChimp (free service) or Constant Contact, or other mail service for sending out a newsletter to more than 200 subscribers.

Because Zen Cart does not "throttle" emails, it dumps them all on the server at one time, this can cause the server to go down and also delays any emails that attempted to be sent out by other hosting clients.  Depending upon how many subscribers you have, this could take hours for other client's emails to go out because of all of your emails sitting in queue waiting to go out.

When these emails are sent out, we receive a notification from the server telling us that the email server is being overloaded and what account is causing the overload.

If we receive these notifications for any hosting account - you will be contacted individually and asked to move your site to another server with refund of any unused prepaid hosting and dedicated IP payment.  If there is a second occurance after the initial request, we reserve the right to terminate your account without notice or refund of prepaid hosting / dedicated IP payments.

MLM (Multi-Level Marketing)
MLM websites are strictly forbidden on any Gunderson Enterprises, LLC servers. These sites generally are scams and use our SMTP services for SPAM. Gunderson Enterprises, LLC will be the sole arbiter as to what constitutes a violation of this provision.

System And Network Security
Any attempt to undermine or cause harm to a server, or customer, of Gunderson Enterprises, LLC is strictly prohibited.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

It is of the utmost importance that any software used on this server be maintained and updated when updates are available in order to ensure there are no security risks to the server.

Limitation Of Liability
Gunderson Enterprises, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Gunderson Enterprises, LLC servers going off-line or being unavailable for any reason whatsoever. Furthermore, Gunderson Enterprises, LLC 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 our servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Users Policies should be referred to us using Contact Us page!

All complaints will be investigated promptly.
Failure to follow any term or condition may be grounds for immediate account deactivation.

Disclaimer
Gunderson Enterprises, LLC cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Gunderson Enterprises, LLC are resold. Thus, certain equipment, routing, software, and programming used by Gunderson Enterprises, LLC are not directly owned or written by Gunderson Enterprises, LLC. Gunderson Enterprises, LLC holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as we see fit.

Account Activation
By activating your account with Gunderson Enterprises, LLC, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.

If you sign up for an account and do not follow our terms, no refunds will be given.

Account Cancellation
If at anytime you choose to cancel your hosting or email account, you may do so by emailing us with the subject line of "Cancel Hosting".  I understand that cancellation of my hosting and/or email account will discontinue any further charges for future hosting plan or email charges and that this does not intitle me to a refund of pre-paid plan charges. Gunderson Enterprises, LLC reserves the right to not issue any refunds upon a customers account cancellation.  SSL Certificates are non refundable.

Account Payment Terms
It is very important that you keep your hosting payments current.  Our billing system is set up to send you an invoice 5 days prior to the due date.  It will also send a notice 1 day prior to the due date if not paid.
If invoice is not paid, you will receive up to 3 past due invoices at 3, 5 and 7 days past due.  On the 10th past due date, the system will automatically suspend your hosting account due to non payment.  Once payment is made, the system will re-activate your hosting.  Be aware that if your hosting account gets suspended, you will no longer receive emails for that domain.

Amending the Terms of Service
Gunderson Enterprises, LLC retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Gunderson Enterprises, LLC

 

Revised:  Tuesday, August 1, 2006

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