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Standard Policy

At GAZUNGLE, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make Gazungle's service available to all our customers as consistent and efficient as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through Gazungle's service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the Gazungle network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations.

Gazungle is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, Gazungle has the right, but not the obligation, to edit, remove, or deny access to such content. Gazungle may disclose any content or records concerning a customer's account as required to satisfy any Law, Regulation, Governmental Request, or Court Order.

Pornography and sex-related merchandising are prohibited on all Gazungle servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Gazungle's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s).

Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.

Network Security
Customers may not use the Gazungle network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Gazungle will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

CGI Scripts
Each Gazungle account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by Gazungle is not allowed.

Chat Rooms
Gazungle prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Gazungle does provide its customers a choice of java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.

Server Resources
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 an option of either upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs
Background Daemons in general are prohibited. Gazungle will consider requests on a per application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC
Gazungle prohibits its customers from operating IRC or IRC Bots on any of the servers in the Gazungle Network.

Backups / Restores
As a courtesy, Gazungle provides a backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one-time charge. Although Gazungle tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. Gazungle recommends that the customer periodically and frequently backup their site to their local computer. On most accounts there is a backup manager that can assist you in this process. A backup may not be included with a dedicated server type plan. We recommend that dedicated server customers purchase a backup option to protect data.

Commercial Advertising/Mass Mailings
You must not use the Gazungle network, Gazungle equipment, or any Gazungle email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Gazungle network, Gazungle equipment or any Gazungle email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, Gazungle reserves the right to disable your domain. In addition, Gazungle may impose a $100 penalty for each spam policy violation. Gazungle solely reserves the right to refuse or cancel service to known spammers. Lastly, Gazungle reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through Gazungle's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Gazungle service in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material which you access or receive through the Gazungle network. If you use a domain name in connection with the Gazungle service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

 

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
Gazungle reserves the right at its sole discretion to refuse or cancel service. Violation of any of Gazungle's rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

 

Service Cancellation
To authenticate a cancellation request, you must fill out the online cancellation form found here www.gazungle.com/cancellation/cancel.pdf. Fax the cancel form to the number on the form or to 617-314-9532 or you can attach the completed and signed form to your email and email the cancel form to cancel@gazungle.com. You must include your account email address, account name, account password and the domain on which you want to cancel the hosting. We cannot accept cancellation requests over the phone or email for security reasons. We require five business days notice prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. More info is available on our policy page here Billing Policy.

We do not offer credits or refunds for hosting time already expended. Domain registration fees, hosting fees, setups fees and licensing fees are nonrefundable. It is the Clients Responsibility to secure email confirmation from Gazungle that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. All accounts must be paid in full before the cancellation will be considered complete. Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Gazungle and validate we have received your cancel form to formally cancel your hosting account and avoid further charges.

 

30 Day Money Back Guarantee
Gazungle provides a thirty (30) day “no nonsense” money back guarantee for all direct shared hosting accounts. If, for any reason, you request cancellation before your first bill date, Gazungle will refund to you the first month's service cost, minus applicable set-up fees. Please note that the set-up fees for dedicated servers, private servers, and fees for resold domains are non-refundable.

 

Annual Commitment/Prepayment
Gazungle will waive the set-up fees if the direct shared hosting account is prepaid for one year. Hosting accounts with an annual commitment are not eligible for a refund.

 

Indemnification
Customer agrees that it will protect, indemnify, save, and hold Gazungle harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against Gazungle, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns. Customer agrees to defend, indemnify and hold Gazungle harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in association with Gazungle's services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Gazungle's services.

Disclaimer
Gazungle will not be responsible for any damages your business may suffer. Gazungle makes no warranties of any kind, expressed or implied, for services we provide. Gazungle 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 Gazungle and its employees. Gazungle reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Gazungle furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Gazungle wishes to emphasize that in accepting services, customers indemnify Gazungle for the violation of any law or Gazungle policy that results in loss to Gazungle or the bringing of any claim against Gazungle. This means that if Gazungle is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Gazungle, plus costs and reasonable attorneys' fees.

Miscellaneous
This agreement is not assignable by client, is governed by New Hampshire Law, and is is binding upon the successors and assigns of client and Gazungle. If this agreement is held by a court to be unenforceable for any reason, the agreement will be narrowed by the court to the extent required to be enforceable. All controversies arising out of this agreement will be brought in state or federal court located in Concord, NH. This constitutes the entire agreement between the parties relating to its subject matter.