The Services We Provide

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you configure during the signup process. For clarity, on this page, the term "services" refers to the web hosting or design services that we will provide for you. The term "us" or "we" refers to GraphicsCompany.net.

Terms of Service

Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

Personal Information

We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase GraphicsCompany.net), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy, here.

Anytime Money-Back Guarantee

As we explain in this paragraph, we offer you an Anytime Money-Back Guarantee on all shared hosting plans. And here is how our cancellation policy works. It is very simple.

If you cancel your account we will provide you with a full refund for the remainder of your term, excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans)

The only way to cancel your account is by emailing info@graphicscompany.net

GraphicsCompany.net also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

When the Services Will be Available

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

Acount Renewal

When you sign up, your GraphicsCompany.net account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, you will need to pay the yearly fee for your hosting plan and the registered domain. If you wish to not have this happen, and you would not like to renew your account, you must cancel 30 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to your account, or send us an email. If you fail to cancel 30 days prior to renewal, your account will be renewed for a new term, so please be sure to email your cancellation if you do not want to renew. Your account renew dates are always listed in your account.

If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 14 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.

If, however, 14 days pass from the date on which your account is suspended and you have not made payment in full, GraphicsCompany.net shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 6 weeks behind in making payments, your data will be deleted. You hereby acknowledge that this is GraphicsCompany.net's policy when it comes to data retention, and waive all rights in and to your data in these situations.

Backups

We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service.

Extra bandwidth outside your Hosting plan

The hosting plans you pay for at Graphics Company.net come with a fixed amount of monthly bandwidth, also knows as traffic. When you reach the fixed amount of bandwidth you ordered with your hosting plan your account will not get suspended and your website will continue to be online. The extra bandwith or traffic generated in this time will be billed to you at the end of every month. A extra Gigabyte of bandwith costs 0,50 euro.

For example: If you have a hosting plan with 50 GB of bandwith per month, and you would use 55 GB in a given month, you are 5 GB's over your limit and will get billed 5x 0,50 euro: 2,50 euro. When you choose not to pay for the extra bandwith, it is up to you to direct traffic or put your website offline temporarily to avoid the extra cost.

When you generate extra bandwith and refuse to pay for it, your account will be set to suspend the next time you generate more bandwith then your account has available that month. This means your website will go offline as soon as you go over the fixed bandwith for your account. Only when you pay the open amount for the last month you generated extra bandwith, your account suspension will be undone. This actually means you get one strike for not paying for extra bandwith. And you don't get more than one strike...

Acceptable Use/Illegal Activity

GraphicsCompany.net strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

Content

All services provided by GraphicsCompany.net may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless GraphicsCompany.net from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@GraphicsCompany.net with the information required.

Examples of unacceptable material on all Shared servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Examples of unacceptable material on Dedicated servers include:

Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

GraphicsCompany.net services, including all related equipment, networks and network devices are provided only for authorized customer use. GraphicsCompany.net systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of GraphicsCompany.net system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@GraphicsCompany.net and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.

10% CPU Usage Policy

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. GraphicsCompany.net reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. GraphicsCompany.net reserves 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 entirely at the discretion of GraphicsCompany.net.

Resource Usage

User may not:

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

These Terms of Service May Change

Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Indemnification

If GraphicsCompany.net is sued or threatened with a lawsuit from a third party because of something you do with the services, you agree to pick up the tab if GraphicsCompany.net is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse GraphicsCompany.net for what it pays to satisfy a judgment or settle a case, you also agree to pay GraphicsCompany.net's reasonable attorney's fees and all other costs GraphicsCompany.net incurs in defending itself.

Disclaimer of Warranties

You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. GRAPHICSCOMPANY.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRAPHICSCOMPANY.NET MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. GRAPHICSCOMPANY.NET DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, GraphicsCompany.net cannot be held liable for it. IN NO EVENT SHALL GRAPHICSCOMPANY.NET BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF GRAPHICSCOMPANY.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us.

Governing Law and Choice of Form

This agreement becomes effective once you submit your order with us or open an account with us for web hosting services at GraphicsCompany.net. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to email us for clarification.

By using GraphicsCompany.net you agree to the above terms of service.