Web Hosting Acceptable Use

Important Notice

All payments for hosting services to Gray Thought Solutions LLC have a 15-day Money Back Guarantee. Gray Thought agrees to provide the client web hosting for a monthly, quarterly, semi-annual, annual, or biennial fee. Client understands that he or she will continued to be billed until Client cancels the hosting account. Gray Thought guarantees a 98% uptime. Gray Thought reserves the right to change this agreement at any time without notice.

Advertising

Gray Thought will never require clients to advertise for Gray Thought on their website in any way shape or form unless agreed upon, such as a non-profit organization receiving complimentary hosting.

Content

All services provided by Gray Thought may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Gray Thought from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links:

• Pirated software
• Hacking programs or archives
• Warez Sites
• Illegal MP3's
• Spamming Software
• Vip Poster
• Hyip
• Proxies (including proxy link websites)

Resource Usage

You may not initiate the following:

• Use 25% or more of system resources for longer than 90 seconds.
• There are numerous activities that could cause such problems. These include CGI scripts, FTP, PHP, HTTP, etc.
• Run any type of interactive real-time chat applications that requires server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, untattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent client
• Run any gaming servers such as Counter Strike, Half Life, Battefield1492, etc.

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continuously in the background, these are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

You are free to use any scripts you wish provided they do not affect the normal operations of the server. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Gray Thought reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan you purchased. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher plan, terminate the account, and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month.

Intellectual Property Rights

Material accessible to you through Gray Thought's services may be subject to protection under the United States of America (or any other country) 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 hosting 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 Gray Thought Network. Futhermore, if you use a domain name in connection with Gray Thought hosting, 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

Gray Thought reserves the right at its sole discretion to refuse or cancel service. Violation of any of Gray Thought's Terms of Service could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for clients paying annually are released to the client at the end of their hosting period. Domains terminated due to policy violations will not be released to the client.

Spam

You must not use the Gray Thought Network, Gray Thought equipment, or any Gray Thought 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 Gray Thought Network, Gray Thought equipment or any Gray Thought 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, Gray Thought reserves the right to disable your domain without warning. In addition, Gray Thought may impose a $50 penalty for each spam policy violation. Gray Thought solely reserves the right to refuse or cancel service to known spammers. Lastly, Gray Thought reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Gray Thought server, client, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Gray Thought (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Gray Thought, its agents, its client's, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Gray Thought against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Gray Thought server; (2) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Client agrees to limit the liability of Gray Thought to the amount paid for service.

Payment, Refund, and Cancellation

For payment, Gray Thought accepts Visa, MasterCard, Discover, American Express or PayPal. Credit cards are proccessed by PayPal. Gray Thought invoices exclusively via e-mail. Gray Thought does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our fifteen (15) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by Gray Thought that is listed on our site. You may cancel for any reason.

If after fifteen (15) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to Gray Thought. However, if customer cancels seven (7) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

Late Payment

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.

You will receive a payment reminder everyday from the start of your payment due date. If after 45 days payment has not been received and we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency may incur a $25 reactivation fee as well as payment of the balance due in full. For late payments please email billing [at] helpdesk [dot] graythought [dot] com to arrange payment.

Cancellation

In order to cancel, you must login to your client area of the Helpdesk. On receipt your account will be pending cancellation within 24 hours.

IP Limits

SEO IP limit - Accounts can only use the allotted amount of ip's that come with a package to use toward SEO. If your package does not come with an IP you will be allowed only 1 IP address for SEO. IP's used for SSL's and valid uses will never been turned down. If found frauding IP's for SEO past these limits the account(s) will be up for suspension and or termination.

IP classes - Gray Thought can not promise that we will be able to provide different IP classes on a single server. If we so happen to get more than one class this can be done. This all depends on what is available from our datacenter.

Server Limits

25% CPU and/or memory for 3 minutes
Combined 5% CPU and RAM over 24 hours
250 email limit per domain per hour
50 concurrent database connections at one time
Apache threads to be open no longer than 999 seconds
PHP file upload of 15mb
Max PHP session time of 300 seconds or less

Limits are subject to change at anytime.

Disclaimer

Gray Thought will not be responsible for any damages your business may suffer. Gray Thought makes no warranties of any kind, expressed or implied for services we provide. Gray Thought 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 Gray Thought and its employees. Gray Thought makes a 98% uptime guarantee.

Gray Thought always advises clients to back up their site data regularly for its own protection. Gray Thought can accept no responsibility for any loss of data or consequences arising from this.

Finally, Gray Thought wishes to emphasize that in accepting services, customers indemnify Gray Thought for the violation of any law or Gray Thought policy, that results in loss to Gray Thought or the bringing of any claim against Gray Thought. This means that if Gray Thought is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Gray Thought, plus costs and reasonable legal fees.

Failure to comply with any of our policies will result in grounds for immediate account deactivation.

Gray Thought reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.