The following guidelines were designed to provide web hosting to people all around the world. Gist Training has the responsibility to protect each client and provide them with the best services available.
Nature of Internet:
Understand that all information submitted on the Hosting Account shall be considered publicly accessible. Private or important information should be protected and backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Chat Rooms:
We do not allow clients to install their own CGI chat rooms. These tend to be large system hogs and we cannot allow it as a account option. We do provide a choice of JAVA chat rooms free of charge that more than fill your needs and run without hindering the performance of the machine for others.
Background running programs
These programs are to be looked on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed. We may allow programs to run continually in the background.
IRC:
No IRC or IRC bots are to be operated on our servers.
Unsolicited Electronic Mail:
You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup and network abuse fee.
Gist Training servers: are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another web host, or for any other reason. Servers are not to be used for the hosting or serving of file downloads. Any site with traffic or disk usage consisting more than 33% of file downloads (non html traffic) may be suspended. Customers are not permitted to run scripts on their account with us, to monitor connections and status's of other servers (gaming servers for example). Customers are not permitted to get multiple accounts with Gist Training, for the purpose of getting extra bandwidth only, to avoid bandwidth overage charges. Gist Training can and will terminate accounts of people using our servers not to host their domain but only scripts or file downloads.
Server abuse:
Any attempts to undermine or cause harm to a Gist Training server or customer of Gist Training is strictly prohibited. No user is allowed to use more than 15% of the server's resources. In the event your scripts are causing a load problem the script or your entire account my be suspended with out notice in order to get the load problem under control.
Activities Subject to Immediate Deactivation:
Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by Gist Training without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, nudity, pornography, obscenity, violations of privacy, hacking, irc related scripts and programs, non approved server scripts, eggdrops, computer virus, and any harassing or harmful materials or uses, as determined by Gist Training. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply. Gist Training reserves the right to Cancel/Deactivate any account at any time for any reason.
Examples of non-acceptable content or links:
Hackers programs or archives
Warez Sites
Illegal MP3s
Pirated software
Adult Sites
Gist Training will be the sole arbiter as to what constitutes a violation of this provision.
Liability:
Gist Training is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. Gist Training will however, do everything within it's power to assure that each and every client site is up as consistently as possible. Gist Training is in no way responsible for the data on your site. We do keep backups of every site we host but we do not guarantee the usability of our backups. You should always keep a backup of all data.
Billing:
Each account will be automatically debited each month for the total amount due, until written notice of cancellation is received. If paying by check or money order, payment must be received by the customer's billing date. If the credit card on file is declined for any reason or check/money order isn't received, the customer will receive notification via email. Response to this email is required within 48 hours. In the event there is no response from the account holder the account will be suspended until payment is received. After the account has been suspended for 30 days it will be deleted.
Refunds:
We have a 30 day unconditional money back guarantee. To cancel your account and receive a refund please go to CANCEL and fill out the form to request in writing a refund and cancellation. All cancellations must be received in writing (email) within 30 days of account activation to receive a refund. After cancellation notice is received refunds will be processed within 10 days. Refunds are not given on domain name registrations for any reason. Dedicated servers and setup fees (ie. stacking domains, dedicated, etc.) are non-refundable.
