Terms and Conditions

The Basics

We reserve the right to refuse service and/or access to its servers to anyone.

The Client must be 18 years of age or older. If The Client is under 18 years of age, then a parent or legal guardian must sign this form. The Parent or legal guardian assumes responsibility for this account.

The Client understands and accepts the terms of this agreement and agrees to pay for these services according to the Company's billing policies. GITK Services reserves the right to change fees or charges of service.

These terms and conditions are subject to change. GITK Services will attempt to give all customers 7 days notice of any changes made. A current copy will always be available upon request.

These terms and conditions supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

The Client understands and accepts the terms of this agreement and will be bound to this agreement once the Client's account has been activated. Failure to follow any term or condition will be grounds for immediate account deactivation. No refund for the remainder of the year will be given.

The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Account renewal reminders will be sent by email about one calendar month in advance of renewal date. Payment must be received prior to renewal date.

Many domains have to share the various resources (processors, memory, etc) available on the servers. GITK Services believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.

In the event that an account is deemed to be using excessive resources, GITK Services may suggest action to reduce resource use, or suggest moving the website to its own dedicated server.

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

Accounts are to be used by the primary owner only, and/or their staff. Account holders are not permitted to resell, store or give away web-hosting services of their website to any third parties. Web-hosting services are defined as allowing a separate, third party to host content on the owner's web site, or hosting content on behalf of a third party. Exceptions to this include ad banners, classified ads, and personal ads. Purchasing an account on behalf of another company for the purposes of hosting them on their own account is allowed, but the hosting of multiple companies on one hosting account is not. You must not divulge your username or password to any unauthorised person, and you should take reasonable precautions to ensure that other people do not discover it.

DISALLOWED CONTENT

• Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
• Warez - Includes pirated software, ROMS, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
• BitTorrent Trackers - Whilst we have no objection to small trackers, any site operating a BitTorrent tracker which consumes excessive amounts of bandwidth or resources, or indeed any other program / script which does so, is subject to review and suggested upgrade to a dedicated machine, or account suspension.
• Proxies - We do not allow proxies of any sort. If a proxy is found on a customer's website, we reserve the right to immediately delete it. If repeated violations are found, we will terminate the hosting account in question.
• Gaming websites - Includes pirated software, software downloads etc., and encrypting of any of the above.
• Adult Content - Any sites containing adult content must notify GITK Services at time of order. These sites are subject to review by GITK Services prior to publishing and periodically thereafter.

Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. No refunds will be given unless the cancellation falls within the terms of Our 14-Day Money Back Guarantee (see below).

Unauthorized use of other people's accounts or computers

We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Backups

The Client understands and agrees that GITK Services has no obligation to preserve or protect any rights which the Client may have in any information placed on the System, and shall not be responsible for backing up information placed on the System.

Upgrading Web Hosting Accounts

At any time, account holders may upgrade their web hosting accounts by purchasing additional facilities. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.

Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.

VIOLATIONS

When your account is closed, all files (including web pages, etc.) will be deleted.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Any violation of the terms and conditions is taken extremely seriously. We will inform any customer breaking these terms and conditions and provide up to 14 days to rectify the situation. However, we reserve the right to immediately terminate any account in breach of the terms (primarily in extreme cases, or involving serious misuse of server resources / services).

INDEMNIFICATION

The customer agrees that it shall defend, indemnify, save and hold GITK Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against GITK Services, 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. The customer agrees to defend, indemnify and hold harmless GITK Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with GITK Services's servers; (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 customer from GITK Services's server.

DISCLAIMER

GITK Services will not be responsible for any damages your business may suffer. GITK Services makes no warranties of any kind, expressed or implied for services we provide. GITK Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by GITK Services, its employees, suppliers, customers or any third party. GITK Services reserves the right to revise its policies at any time.

14 DAY MONEY BACK GUARANTEE

If, by any chance, you are dissatisfied with the service we provide, we offer a 14 day money back guarantee on all hosting services. The following fees do not qualify for the 14 Day Money Back Guarantee: domain name registrations or domain name renewals.

If you have used over 70% of your allocated bandwidth during your first 14 days, we reserve the right to charge for the bandwidth from the refund.