Terms OF Service
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and 5GB.SITE Acceptable Use Policy (“AUP”), including abuse related issues, and all disconnect and reconnect fees associated with violations. 5GB.SITE does not harden or enable additional server security software outside of operating system defaults.
The following terms constitute an agreement between you and 5GB.SITE. These Terms of Service govern your use of the services provided by 5GB.SITE (the “Services”).
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP.. Please note that we offer the Services "AS IS" and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
5GB.SITE Responsibilities 5GB.SITE agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. 5GB.SITE reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of 5GB.SITE.
Changes to Terms of Service and AUP 5GB.SITE Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of 5GB.SITE. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Non-Payment/Service Interruption Services interrupted for non-payment or for any other reason to have their service interrupted may be subject up to a $50.00 reactivation fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of 5GB.SITE. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. 5GB.SITE is not responsible for data integrity, regardless of circumstance.
Back-Up Files 5GB.SITE provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. 5GB.SITE currently backs up 1 time a week BUT is not responsible for any lost data or corrupt backups and is completely done as a free service but is not in anyway a guarantee of data saved. We will attempt to help restore an accounts data incase of loss but if backup is corrupt 5GB.SITE will not be liable. Note: accounts over 1GB in size MAY NOT be backed up.
5GB.SITE strongly recommends keeping up to date and off network backups to protect against data loss. Another words no keeping backups for longer then a 5 days on the server. Any longer will be considered storage and will be removed by 5GB.SITE and will not be responsible when removed with or without notice..
Refunds/Charge-Backs We do offer money back guarantee of 7 days of NEW service on our shared, reseller plans. Any and all charge disputes must be reported directly to 5GB.SITE within seven (7) days of the date which the charge originally occurred. If a charge which is deemed valid by 5GB.SITE, and validated by our Terms of Service or AUP. Sorry NO refunds on any VPS plans.
VIOLATIONS OF 5GB.SITE TOS/ACCEPTABLE USE POLICY Could result in suspended or termination on the spot no questions asked. Examples of what 5GB.SITE considers non-acceptable content and/or links to such. Pirated software Bulk Email /Spam related products Warez/Cracked products forum/blog Hacking/cracking related websites Warez and/or copyrighted MP3s NULLED Scripts (Software) OF ANY KIND No Adult (porn) sites of any kind allowed on our servers. Illegal material or material that is against public policy Free Hosting of any kind (space/access etc.) No one price for lifetime Hosting (We feel lifetime is a scam. Is it your life time or the companies lifetime or the OVER SOLD Servers life time) Direct Resellers can ONLY offer yearly pricing if paid up for the year. REAL Domain names ONLY. (Names must be registered Domains and point to our DNS) NO "Index_of" sites. All sites must either have a under construction page or some kind of content. (index_of sites or just door ways for hackers so they are not allowed) NO BLANK PAGES all sites but have some kind of content on them. Gaming Servers Servers that use flash games on site and such. Public Download Sites of any kind (music, computer applications, games, mobile apps) User Forums containing links to material that violates our TOS Content or links to sites that are detrimental to public policy, health and welfare No rapidshare related scripts Resource Usage User may not: Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. NO Audio/video Streaming Abusing our staffs of any kind. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. IP/PORT Scanners Run any type of web spider or indexer on shared servers. Run any software that interfaces with an IRC network. Run any bit torrent application, tracker, client or link to torrents off server. Participate in any file-sharing/peer-to-peer activities Run any gaming servers etc Run cron entries with intervals of less than 30 minutes Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised. VIOLATIONS OF 5GB.SITE ACCEPTABLE USE POLICY
In the event a service is suspended, it will be subject to termination seven (7) days from the time of suspension. 5GB.SITE assumes no liability for the integrity of the data stored on a suspended server.
5GB.SITE requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of 5GB.SITE. All information available to 5GB.SITE about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
Disclaimers of Liability; Indemnification WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A 5GB.SITE, REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Support 5GB.SITE provides hardware support related to each direct client’s service functioning. 5GB.SITE does not offer software support of any kind. 5GB.SITE does not provide software support/troubleshooting for the software items chosen from the order form. 5GB.SITE only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. 5GB.SITE is not responsible for any downtime associated with the incorrect configuration of operating any software, wether installed by 5GB.SITE or the client. 5GB.SITE may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. 5GB.SITE does not provide any type of support to the clients of our clients (third party clients). 5GB.SITE will only provide support directly to clients of 5GB.SITE. Spam/Bulk Email Policy 5GB.SITE does not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If 5GB.SITE receives a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per complaint received with a maximum of $250. 5GB.SITE reserves the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, 5GB.SITE will issue a fine of $200 and reserves the right to immediately terminate the service, at the sole discretion of 5GB.SITE. - On the second instance of server compromise 5GB.SITE reserves the right to terminate the client’s services. If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide 5GB.SITE with full logs as well as any additional information requested by 5GB.SITE within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it.
Abuse of Unlimited Traffic and Unlimited Storage
Bandwidth Usage/Overages Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. 5GB.SITE reserves the right to suspend any account which does not pay bandwidth overage charges promptly. 5GB.SITE is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services.
Storage (Disk Space) 5GB.SITE concept behind "unlimited traffic" and "unlimited storage" is to provide our customers with an unlimited amount of storage space and bandwidth for active web pages and cannot be used as a "storage space" for electronic files. Sites that fall under "electronic storage" are LARGE archives of images, compressed files, backups, movies, or sound files. 5GB.SITE allows up to 25 megs of archive storage, ex. movies, sound files (including real audio files), images, compressed files, Real Audio or Video archives, etc. To ensure proper use, all HTML pages MUST be hyper-linked to files (.HTML, .JPG, .GIF, etc.) stored on 5GB.SITE server.
Note: CGI chat scripts are also not allowed and are considered and abuse of unlimited bandwidth. Any cgi scripts that consume large amounts of CPU usage or memory are also not allowed. The user will be asked to remove any script that abuses system resources. Server Abuse Any attempts to undermine or cause harm to a server is strictly prohibited and subject to termination on the spot with no warnings. Publicity Clients consent to 5GB.SITE public disclosure that they are providing services to the client, which may include using the clients name in promotional materials. 5GB.SITE reserves the right to use client quotes for promotional uses.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.