Policy
Home Up

Visit our Fun Site http://www.gambino.com

 

GAMBINO HOSTING CUSTOMER AGREEMENT

&

Acceptable Use Policy

By and between gambino.com a service of Gambino, Tombe & Assoc. LLC.  referred to in this agreement as GAMBINO HOSTING and the Web Hosting customer, who will be referred to in this document as "Customer". The parties agree to the following, which shall apply during the term of this agreement:

1. DEFINITIONS:
A. "Plans" means proposals for offering various services to be provided by GAMBINO HOSTING, as listed online at: http://host.gambino.com/


B. "Customer" means an end user who is utilizing Web Hosting services or design services provided by GAMBINO HOSTING.

2. PRICES
All prices for Plans provided by
GAMBINO HOSTING to Customer are in US dollars. 

3. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by GAMBINO HOSTING. An order will be deemed accepted by GAMBINO HOSTING when written (e-mail) confirmation of the order is sent to Customer. GAMBINO HOSTING may refuse to accept or delay acceptance of any order for any reason. GAMBINO HOSTING has the sole discretion to except or reject a customers order without explanation or prejudice. A customer has a 30 day money back guarantee on hosting services only, from time of order.

A-1 All web design work and consulting services will be quoted on an as needed bases. Once a customer excepts a quote and service begins, payment is due within 10 days of invoice. Collection fees, Legal fees, late charges and interest can and will  be charged to the customer on all Design or Consulting services 30 days past due. Please note that all past due accounts and your payment in full of the invoice must be paid or a  lawsuit will be commenced against you to recover this indebtedness. A lawsuit may result in a judgment being entered and your credit standing adversely affected. This may include interest, court costs, filling fees, garnishment of bank accounts, garnishment of wages, levy on property and automobiles, in addition to other costly legal and equitable remedies incurred in the collection of these monies.

Verbal changes to quotes can occur between customer and Gambino, Tombe & Assoc. LLC for additional design services as the work progresses. Once a verbal confirmation is made by customer for changes, Gambino, Tombe & Assoc. LLC will bill the customer accordingly for the service provided. Some services are billed as time and material. 

Rates are as follows:  Site Creation: html, asp, cfm, java ($75/hr)  Web Site updates: ($35/hr) Database Creation or Database Administration: ($120/hr) Graphic Design: ($75/hr) Flash, Fireworks,  or Macromedia Design: ($95/hr) Audio or Video File Creation: ($95/hr) Advanced Application Development (call for rates) There are no refunds on Design or Consulting services.

B
. Payment and Terms: Payment shall be made in US dollars to GAMBINO HOSTING. Payments are due immediately upon account activation. Customer credit cards will be billed as Gambino, Tombe & Assoc. LLC. If due to bank charges, transfer fees, or the like, GAMBINO HOSTING should receive less than its invoice amount, GAMBINO  HOSTING will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by GAMBINO HOSTING within ten (10) days after renewal, GAMBINO HOSTING may discontinue, withhold, or suspend services to Customer. If service is discontinued for any reason to Customer, GAMBINO HOSTING can and may require a non refundable deposit from Customer to reactivate account. A thirty five dollar (45) charge will be accessed for all returned, cancelled or NSF checks or money orders.

4. DUTIES OF GAMBINO
HOSTING
GAMBINO
HOSTING will try to acquire an Internet Domain Name (from any valid Domain Registration Company) on behalf of the Customer, as specified. Any costs of
GAMBINO HOSTING does not issue service credits for any outages beyond our control.

B. GAMBINO HOSTING  may discontinue servicing any Plan, or may require fulfillment of conditions GAMBINO HOSTING may choose to impose as a prerequisite for continuing to service any Plan. GAMBINO HOSTING  agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to
Microsoft®, FrontPage®, MS, MS-DOS, Windows, Windows98, Windows NT, Windows 2000, Windows XP and any Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Other products and company names mentioned herein are the trademarks of their respective owners.

7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with
GAMBINO HOSTING services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such changes. Otherwise, this agreement may not be modified except by the written consent of both parties.


To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. GAMBINO HOSTING reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities:

a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and it’s operating principles and procedures. By using our services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

c) Unsolicited Commercial Email - GAMBINO HOSTING strictly prohibits Unsolicited Commercial Email, also known as "Spam". This includes using our network to distribute unsolicited bulk email from your site on our servers or using any outside network to send bulk email advertising your site on the Vendor servers. GAMBINO HOSTING reserves the right to immediately terminate any customer account associated with unsolicited email and no refund will be issued for any unused service fees.

d) Compliance with Laws - The Customer will ensure that their use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

e) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

f) Security - The Customer is required to protect the security of its Internet account and usage. The Customers password will be treated as private and confidential and not disclosed to or shared with any third parties.

g) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

h) Pornography - Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, GAMBINO HOSTING reserves the right to immediately terminate the Customer's account and no refund will be issued for any unused service fees. Material deemed to be pornographic is the sole discretion of GAMBINO HOSTING, with due regard to the laws.

i) Excessive Service Usage - Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other shared resources provided by GAMBINO HOSTING. Judgments of excessive usage are determined solely by GAMBINO HOSTING and will be considered in comparison to other GAMBINO HOSTING customers using similar services. the GAMBINO HOSTING will contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both GAMBINO HOSTING and the customer, and that the customer continues to use excessive resources, GAMBINO HOSTING reserves the right to immediately terminate any customer account associated with excessive resource usage. No refund will be issued for any unused service fees. Misuse of system resources is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers. No refund will be issued for any unused service fees for any violations.

j) Consequences of Violations - When GAMBINO HOSTING becomes aware of any alleged violation of its Acceptable Use Policy, GAMBINO HOSTING will initiate an investigation. During the investigation GAMBINO HOSTING may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, GAMBINO HOSTING may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, GAMBINO HOSTING may notify the appropriate law enforcement department of such violation. GAMBINO HOSTING does not issue service credits for any outages incurred through service disablement resulting from Policy violations.