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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 (35) 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, 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.
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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.
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