Terms of Service
Terms Of Service Last Updated: August 2012
Upon signing up for Gecko Margeting’s services, all customers agree to comply with Gecko Marketing’s Terms of Service. The spirit of this policy is to ensure our clients are using our services with due regard to the rights of other internet users and in conformity with the requirements of our network environment.
These terms of service dictate that the servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet, or provide links to such sites.
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 such activity is clearly a breach of our terms of service.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a dedicated server plan. Gecko Marketing shall be the sole arbiter of what is considered to be a high server usage level.
Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Our terms of service are meant to protect every one of our clients and their users.
CGI script sharing with domains not hosted by Gecko Marketing is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Background Running Programs And Cron Jobs
Gecko Marketing may allow programs to run in the background. These programs will be considered on an individual basis and customers may incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact us so that it can be arranged.
Gecko Marketing does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commercial Email) – SPAM
Spamming, the sending of unsolicited mass email from or through a Gecko Marketing server or using an email address that is maintained on a Gecko Marketing machine is strictly prohibited. Gecko Marketing will be the sole arbiter as to what constitutes a violation of this provision. Clients are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a Gecko Marketing server as a mail drop for responses. Violators will be assessed a minimum fine of USD $1000.00 and will face immediate suspension. (Wikipedia: spam)
Any attempts to undermine or cause harm to a Gecko Marketing server or customer are strictly prohibited.
Gecko Marketing’s web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact us to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. Gecko Marketing’s web hosting accounts are not to be used for the purposes of distributing or storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Any database stored on Gecko Marketing’s servers shall be limited in size to 10% of the total disk space allotted for that particular domain’s web hosting account.
Actions Taken By Gecko Marketing
The purpose of our terms of service is to ensure that our systems function properly, that illegal activities are not conducted, and that none of our users are negatively affected by the actions of others. The failure by a client to meet or follow any of the above Terms of Service is grounds for account deactivation. Gecko Marketing will be the sole arbiter as to what constitutes a violation of the Terms of Service. Gecko Marketing reserves the right to remove any account without prior notice.
When Gecko Marketing becomes aware of an alleged violation of its Terms of Service, Gecko Marketing will initiate an investigation. During the investigation, Gecko Marketing may restrict a client’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Gecko Marketing may, at its sole discretion, restrict, suspend, or terminate a client’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Gecko Marketing will notify the appropriate law enforcement authorities of such violation.
Gecko Marketing does not issue credits for outages incurred through service disablement resulting from Terms of Service violations.
Gecko Marketing clients agree to indemnify and hold harmless Gecko Marketing from any claims resulting from the use of our services that damages them or any other party. The Gecko Marketing service is provided on an as is, as available basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Gecko Marketing expressly disclaims any representation or warranty that the Gecko Marketing service will be error-free, secure or uninterrupted. No oral advice or written information given by Gecko Marketing, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Gecko Marketing and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Gecko Marketing reserves the right to add, delete, or modify any provision of its Terms of Service at any time without notice.