Terms of Service
GK-Designz.com
Terms of Service is a legal document that details your
rights and obligations as an GK-Designz.com Member. The GK-Designz.com
Web Site and related services are offered to you conditioned
upon your acceptance without modification of these Terms of
Service. The Terms of Service provides important information
about your GK-Designz.com membership, so you should take the
time to read and understand them.
From time to time, it may be necessary for GK-Designz.com to
update or revise certain provisions of the Terms of Service.
By joining GK-Designz.com and accepting the Terms of
Service, you agree that GK-Designz.com may change the terms
of the Terms of Service in its sole discretion without
specific notice to you. If you do not agree to the changes
proposed by GK-Designz.com, or to any terms in the Terms of
Service, your only remedy is to cancel your GK-Designz.com
membership.
1. Description of Service
GK-Designz.com is a wholly owned subsidiary of GK-Designz.com.
(GK-Designz.com) this Web site and associated web pages
which, for purposes of these Terms of Service, will be
referred to as the "GK-Designz.com Web Site". GK-Designz.com
offers you access to the GK-Designz.com Web Site, which
provides you access to a collection of on-line resources
(the "Service").
GK-Designz.com offers you access to the GK-Designz.com Web
Site in exchange for your payment of the applicable fees and
your agreement to accept and comply with the terms,
conditions, and notices stated here and as may be modified
by GK-Designz.com from time-to-time in its sole discretion
without notice to you. Notwithstanding the foregoing, GK-Designz.com
reserves the right to reject any Member registration for any
reason. Unless explicitly stated otherwise, any new features
or products that change, augment or enhance the current
Service shall be subject to these Terms of Service.
2. General Use of the GK-Designz.com Website
You promise that you will not use the GK-Designz.com Web Site,
in whole or in part, for any purpose that is unlawful or
prohibited by these Terms of Service. You agree that you
will not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, frame in another web page, use on any other Web
site, transfer, or sell any information, software, lists of
users, databases or other lists, products or services
provided through or obtained from the GK-Designz.com Web
Site other than for use in creating the Member Web Site in
accordance with these Terms of Service. This means, among
other activities, that you agree not to engage in the
practices of "screen scraping", "database scraping", or any
other activity with the purpose of obtaining lists of users
or other information. You agree that you will not use the
Service in any manner that could damage, disable,
overburden, or impair the
GK-Designz.com Web Site or interfere with any other party's
use and enjoyment of the GK-Designz.com Web Site. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available or
provided for through the
GK-Designz.com Web Site. Except with the written permission
of GK-Designz.com, you agree that you will not access or
attempt to access password protected, secure or non-public
areas of the GK-Designz.com Web Site. Unauthorized
individuals attempting to access prohibited areas of the GK-Designz.com
Web Site will be prosecuted to the fullest extent of the
law.
3. Charges & Billing
GK-Designz.com does not store credit card information. Five
(2) weeks prior to a MEMBER's website renewal GK-Designz.com
will email a reminder notice to the MEMBER with a link to
pay. A reminder will be sent every week after the first
until the renewal fee is paid.
GK-Designz.com reserves the right to change our fees or
billing methods at any time, provided, however, that such
modifications shall not take effect earlier than thirty (30)
days after GK-Designz.com posts such modification on the GK-Designz.com
Web Site.
GK-Designz.com also has the right to collect applicable taxes
and impose premium surcharges for some areas of the service
and these surcharges may apply immediately after you
register for the Service. The answer to many common billing
questions can by found here or by contacting us. You may
cancel your membership at any time by emailing support@GK-Designz.com
, but GK-Designz.com will not refund any remaining portion
of your pre-paid fees when you cancel your membership and
you may be charged a cancellation fee.
GK-Designz.com will, however, continue to provide the Service
to you for the duration of any pre-paid period. MEMBERS can
get 100% money back of the hosting fees in the first 10
days. The domain registration fees are non refundable. Web
Design Service is non-refundable. We expect you to pay your
account balance on time. Amounts not paid by you to GK-Designz.com
when due will be assessed an additional 1.5% (or the highest
amount allowed by law, whichever is lower) per month if your
payment is more than thirty (30) days past due. That amount
is also due immediately. You are responsible and liable for
any fees, including attorney and collection fees, that GK-Designz.com
may incur in its efforts to collect any remaining balances
from you. You also agree that you will be billed for and
will pay any outstanding balances if you cancel your
membership or are terminated. You should let GK-Designz.com
know about any billing problems or discrepancies within
thirty (30) days after they first appear on your account
statement. If you do not bring them to
GK-Designz.com attention within thirty (30) days, you agree
that you waive your right to dispute such problems or
discrepancies.
4. Registration / Privacy Policy
In order for you to participate in the Service, GK-Designz.com
will require that you provide specific information about
yourself and/or your business. If you choose to participate
and build your own Web site ("Free, Value, Basic or Premium
Sites"), you agree to provide true, accurate and complete
information and to refrain from impersonating or falsely
representing your affiliation with any person or entity
(such information being "Member Data"). Member Data and
certain other information about you and/or your business are
subject to our Privacy Policy. You agree and acknowledge
that Member Data from the registration process is used to
send you information about
GK-Designz.com and the Service, including, but not limited to,
the use of your email address for newsletters and other
necessary company communication. Although privacy issues are
very important to us, given the current regulatory and
technical environment you should not have an expectation of
privacy in your Member Web Site or any content or Member
Data associated with it. By way of example (without limiting
the foregoing), we may be forced to disclose information to
the government or third parties under certain circumstances,
or third parties may unlawfully intercept your private
communications. We cannot ensure that all private
communications or information associated with your Member
Web Site will remain private. For more information, GK-Designz.com
urges you to review the GK-Designz.com PRIVACY POLICY that
is part of this Agreement.
5. Storage & Usage
You acknowledge that GK-Designz.com may, from time to time,
establish general practices and limits concerning the use of
the Service, including without limitation, (i) the maximum
number of days that email messages, guest book entries,
discussion board postings or other content posted on your
Member Web Site will be retained by GK-Designz.com and (ii)
the maximum limits on bandwidth usage that will be allotted
to you. You agree that GK-Designz.com has no responsibility
or liability for the deletion or failure to store any
content maintained or transmitted by the Service. You
further acknowledge and agree that GK-Designz.com reserves
the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
6. Content Submitted to GK-Designz.com
The GK-Designz.com Web Site includes a number of venues such
as Member Web Sites and web pages, discussion boards and/or
other message or communication facilities designed to enable
you to disseminate and exchange thoughts and opinions to and
with other members of the public. Since GK-Designz.com
firmly believes in the value of free and open dissemination
and exchanges, it is under no obligation to monitor,
pre-screen, or otherwise censor your thoughts and opinions.
Therefore, GK-Designz.com cannot be responsible for the
appropriateness, accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such thoughts and
opinions. Always use caution when posting any personally
identifying information about yourself or others on the GK-Designz.com
Web Site or any Member Web Sites.
Excluded Services GK-Designz.com will not provide services and
can immediately terminate or require rental premium upgrades
to existing services without any compensation or refund if
MEMBER web site is involved in any of the following:
- Pirated software or other copyrighted
material, which the site owner does not have permission to
publish.
- Gambling/Casino sites.
- Illegal material.
- Hate material
- Resale of web space. (Unless with a
reseller plan or dedicated server)
- An activity which abuses storage space
and/or published bandwidth allowance privileges.
7. Third Party Content
For your convenience, the GK-Designz.com Web Site contains
content and information from third party providers and/or
links to their Web sites ("Third Party Content"). Such
content is not under the control of GK-Designz.com and GK-Designz.com
is not responsible for such content, including, without
limitation, any link contained in such content, or any
changes or updates to such content.
GK-Designz.com does not pre-screen contain available on the
GK-Designz.com Web Site and does not assume any
responsibility or liability for the content provided by
others. GK-Designz.com is providing such Third Party Content
to you only as a convenience, and the inclusion of such
content does not imply endorsement by GK-Designz.com of such
content or the affiliate. You may be subject to additional
and/or different terms, conditions, and privacy policies
when you use third party services, content, software, or
sites.
GK-Designz.com does reserve the right to remove content that,
in GK-Designz.com judgment, does not meet its standards, but
GK-Designz.com is not responsible for any failure or delay in
removing such material. GK-Designz.com is not and will not
be responsible for (i) the terms and conditions of any
transaction between you and any third party, (ii) any
insufficiency of or problems with any such third party's
background, insurance, credit or licensing, or (iii) the
quality of services performed by any such third party or any
other legal liability arising out of or related to the
performance of such services. In the event that you have a
dispute with any such third party, you release
GK-Designz.com (and its affiliates, suppliers, agents and
employees) from any and all claims, demands and damages
(actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes
8. Support
Client agrees to use the support tools available at GK-Designz.com
for technical support issues.
9. Disclaimer Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the service is at your own risk. We and our
suppliers provide our service, the GK-Designz.com web site
and your member web site "AS IS" and without any warranty or
condition of any kind, expressed or implied, including, but
not limited to, the implied warranty of merchantability,
fitness for a particular purpose, title and
non-infringement. GK-Designz.com and our suppliers make no
warranty that: (i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure or
error free, and (iii) The quality of any products, services,
information or other material purchase or obtained by you
through the service will meet your expectations. Any
material downloaded or otherwise obtained through the use of
the service, the GK-Designz.com web site or MEMBER web sites
is done at your own discretion and risk and you will be
solely responsible for any damage to your computer system or
loss of data that results from the download of any such
material.
10.Limitation of Liability
In no event shall GK-Designz.com and/or our suppliers be
liable for nay indirect, punitive, special incidental,
consequential or any damage whatsoever, including, but not
limited to, damages for loss of use, data or profits
(However arising, including negligence) even if GK-Designz.com
or any of its suppliers has been advised of the possibility
of damages, arising out of or in connections with (A) the
use of inability to use the service, (B) the provision of or
failure to provide services, (C) for any information,
software, products, services and related graphics obtained
through the service or otherwise arising out of the use of
the service, (D) statements or conduct of any third party on
the service, or (E) any other matter relating to the
service. Some states do not allow the Limitation of
Liability, so the foregoing limitation may not apply to you.
In no event shall GK-Designz.com be liable to MEMBER or and
third party in an aggregate amount greater than the amount
MEMBER actually pays to GK-Designz.com under this agreement
during the twelve (12) months preceding the date the claim
arose or $500.00, whichever is less. Without limiting the
foregoing, neither GK-Designz.com nor its suppliers is
responsible for any of your data residing on GK-Designz.com
or its suppliers' hardware. You are responsible for
backing-up your data and information that may reside on the
GK-Designz.com or its suppliers' hardware, whether or not
such information is produced through the use of GK-Designz.com.
It is your responsibility to take the necessary steps to
ensure your primary means of business is maintained.
11. Proprietary Rights
GK-Designz.com does not claim ownership of the MEMBER
Content you provide to GK-Designz.com or place on your
Member Web Site. However, you grant GK-Designz.com a
worldwide, royalty-free, non-exclusive license to (i) host,
use, reproduce, modify, distribute, transmit, combine with
information provided by third parties, and publicly display
the Member Content on and through the
GK-Designz.com Web Site and in GK-Designz.com promotional or
advertising materials only for the limited purpose of
promoting the Service, and (ii) sublicense to third parties
such MEMBER Content to the extent necessary for the creation
and maintenance of, in part or in whole, such Web sites. No
compensation will be paid or due you with respect to GK-Designz.com
or its sublicense's use of the materials as licensed above.
By posting messages, uploading files, inputting data,
submitting any feedback or suggestions, or engaging in any
other form of communication with or through any MEMBER
Website, you warrant and represent that you own or otherwise
control the rights necessary to do so and to grant GK-Designz.com
the license set forth above, and you will defend and
indemnify
GK-Designz.com and its suppliers from any third party claim
related to a breach of any of the foregoing representations
and warranties.
12. Identification
We reserve the right to refuse service to anyone for any
reason not prohibited by law. Also we reserve the right to
terminate service to any customer for any reason not
prohibited by law.
GK-Designz.com specifically disclaims all warranties of
merchantability and fitness for a particular purpose. In no
event shall Apollo Hosting be liable for any loss, or loss
of data, or other commercial damage, including but not
limited to special, incidental, consequential or other
damages. MEMBER agrees that it shall defend, indemnify, save
and hold GK-Designz.com harmless from any and all demands,
liabilities, losses, costs and claims, including but not
limited to, reasonable attorney's fees asserted against GK-Designz.com,
its agents, its customers, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, it's
agents, employees or assigns. MEMBER agrees to defend,
indemnify and hold harmless
GK-Designz.com against liabilities arising out of;
Member's violation of these Terms of Service; Any
information, included but not limited to Member Data, and
your publicly posted information, submitted, posted, or
otherwise provided by you to your Member Web Site and/or GK-Designz.com
and/or its affiliates. Any injury to person or property
caused by any products sold or otherwise distributed in
connection with GK-Designz.com server; Any material supplied
by customer infringing or allegedly infringing on the
proprietary rights of a third party; Copyright infringement
and any defective products sold to customers from GK-Designz.com
server. GK-Designz.com shall be the sole judge of what
violates this Policy. GK-Designz.com is only responsible to
the present owner of the MEMBER Web Site. We verify
ownership by credit card number (if paid for by credit
card), name, address, username, & password. If you give this
information to any other party you risk having your Web site
and any other information on your account changed and/or
deleted. We are not responsible for any information on your
account should you reveal this information.
13. Copyright & Trademark Notices
All materials on the GK-Designz.com Web Site (as well as the
organization and layout of the GK-Designz.com Web Site) are
owned and copyrighted or licensed., and its affiliates and
assigns and licensors. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted materials
at the GK-Designz.com Web Site is permitted without the
written permission of GK-Designz.com. Any rights not
expressly granted herein are reserved. GK-Designz.com.
14. Modification
GK-Designz.com reserves the right at anytime and from time
to time to modify, discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that GK-Designz.com shall not be liable to you or
to any third party for any modification, suspension or
discontinuance of the Service.
15. Termination & Cancellation
Either you or GK-Designz.com may terminate or cancel your
membership at any time. You understand and agree that the
cancellation of your account is your sole right and remedy
with respect to any dispute with GK-Designz.com. This
includes, but is not limited to, any dispute related to, or
arising out of: (1) any term of these Terms of Service or
GK-Designz.com enforcement or application of any such term;
(2) any policy or practice of GK-Designz.com, including
Homestead's Privacy Policy and Copyright Policy, or GK-Designz.com
enforcement or application of these policies; (3) the
content available through GK-Designz.com or any change in
content provided through GK-Designz.com; (4) your ability to
access or use the GK-Designz.com Web Site or your Member Web
Site; or (5) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the
fees, applicable taxes, surcharges or billing methods. All
other provisions of this Agreement which may reasonably be
construed as surviving such termination will survive the
termination of this Agreement. You further agree that GK-Designz.com,
in its sole discretion, may terminate your Member Web Site,
your GK-Designz.com account or your use of the Service for
any reason, including, without limitation, if you breach
these Terms of Service, if we are unable to verify or
authenticate any information you provide to us, or if GK-Designz.com
believes that you have violated or acted inconsistently with
the spirit of these Terms of Service. We may also terminate
your Member Web site and/or GK-Designz.com account if we
decide, in our sole discretion, to discontinue offering our
services. If you violate any of these Terms of Service you
will forfeit all credits, pre-paid fees, and any other
amounts accruing to you (if any). You can cancel your
membership by calling +1.416.526.8235. You will receive a
cancellation confirmation via email after we process your
cancellation request. GK-Designz.com reserves the right to
collect fees, surcharges or costs incurred before you cancel
your GK-Designz.com membership in addition to the applicable
cancellation fee(s).
16. General Information
These Terms of Service shall be governed in all respects by
the laws of the Province of Ontario, Canada as such laws are
applied to agreements entered into and to be performed
entirely within Ontario between Ontario residents. Both
parties submit to exclusive jurisdiction and venue in the
courts located in Ontario and further agree that any cause
of action arising under these Terms of Service shall be
brought in a court in Ontario, Toronto. If any provision of
these Terms of Service is held to be invalid or
unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Our failure to act
with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You may not assign or transfer these Terms of Service or
your rights in your Member Web Site, and any attempt to the
contrary is void. These Terms of Service sets forth the
entire understanding and agreement between us with respect
to the subject matter hereof. The section titles in the
Terms of Service are for convenience only and have no legal
or contractual effect. Each party is an independent
contractor and not an agent or representative of any other
party. No party shall have any right or authority to create
any obligation or make any representation or warranty in the
name or on behalf of any other party. This Agreement shall
not be interpreted or construed to create an association,
joint venture or partnership between the parties or to
impose any partnership obligation or liability upon any
party. A printed version of this Agreement shall be
admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
17. Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL
RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS
AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF
THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE
TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER
THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
The following is a list of additional Terms of Service
information for some specific Internet Business Services
offerings. These additional Terms of Service are in addition
to the above information.
18. Internet Domain Names
GK-Designz.com has chosen Name Cheap Pro. to provide domain
name registration services. You hereby authorize GK-Designz.com
to acquire your selected domain name from Name Cheap Pro. In
order to receive a domain name, you agree to the registrar's
respective terms and conditions as may be amended. You
understand that you are creating a separate contractual
relationship between you and the registrar in question, and
that you, not GK-Designz.com, are responsible for all
liability, and obligations in connection with that
relationship. You agree that your domain name registration
providers may be transferred to a different registration
service provider at GK-Designz.com sole discretion. Domain
names purchased or renewed on your behalf remain the
property of GK-Designz.com until full payment is received
for the domain registration service. You will be listed as
the registrant contact in connection with your domain name.
You hereby authorize GK-Designz.com to list itself as the
administrative contact, billing contact, technical contact
and name servers in connection with your domain name and to
take any actions GK-Designz.com deems appropriate in those
capacities including but not limited to modifying their
domain record so long as GK-Designz.com is the listed host.
However, on termination of the Service,
GK-Designz.com will immediately cease acting in those
capacities. After such time, GK-Designz.com will not be
responsible to forward any notices, emails or other
correspondence to you or to take any other actions in
connection with your domain name. You will be solely
responsible for all ongoing fees, as well as removing GK-Designz.com
as the billing, technical contact and name servers in
connection with your domain name.
19. Copyright & Trademark Notices
GK-Designz.com is committed to a zero-tolerance,
anti-Spamming policy. Under this policy, we prohibit Spam,
or any unsolicited commercial email, from being sent either:
Over the GK-Designz.com network, by customers or any other
users of the GK-Designz.com network; AND/OR over ANY
network; if the message sent advertises or mentions a site
hosted on the GK-Designz.com server. We also prohibit the
selling products that can be used for spamming. We react
quickly and seriously to violations, and we further reserve
the right to terminate the services, without prior notice,
of any customer disregarding this policy. If you have any
complaints or comments regarding Spam on our network, please
direct them via email to abuse@GK-Designz.com.
20. Email Policy
GK-Designz.com may not be the source, intermediary, or
destination address involved in the transmission of any
unsolicited email, email bombs, hate email, or any mass
email. Your email account may not be referenced as
originator, intermediary, or reply-to address of such email.
We consider unsolicited mass email as any unsolicited email
messages sent to more than 25 email addresses or more than
10 news groups.
21. Backups
Full backups are made bi-weekly, and backups of new/changed
data made nightly. No guarantees are made of any kind,
either expressed or implied, as to the integrity of these
backups. Backups are made for server restoration purposes
only. It is the MEMBERS' responsibility to maintain local
copies of their web content and any information on their
account including but not limited to clients website, email,
databases, mailing lists, and archives. If loss of data
occurs due to an error of GK-Designz.com, we will attempt to
recover the data at no charge to the client. If data loss
occurs due to negligence of client in securing their account
or by an action of the client, GK-Designz.com will attempt
to recover the data from the most recent archive free of
charge. GK-Designz.com also offer up to the minute advanced
backups with Pro Web Design, Web Hosting, and Reseller
Hosting, this is our advanced back up that are fully managed
robust backup solution that provides continuous data
protection and off-site disaster recovery for Linux
Dedicated Servers.
22. Traffic Policy
GK-Designz.com imposes very generous traffic limits that
most sites never reach, unless they offer shareware, sound,
video, image and multimedia archives, are mirror sites or
any site whose primary purpose is file distribution.
GK-Designz.com MEMBERS are discouraged from storing any
files that cause excessive traffic on GK-Designz.com
servers. Please contact GK-Designz.com Technical Support
team for more information. Again, 99% of the sites do not
fall into this category and never reach our traffic limits.
We reserve the right to charge additional fees for sites
that exceed our generous traffic limits. Sites that exceed
their traffic limits will be suspended without prior
notification if they do not purchase add-on traffic
packages.
23. Network Uptime Service Level Agreement
GK-Designz.com guarantees network uptime to be 99%. This
guarantee assures that all major routing devices within the
network are reachable from the global internet 99% of the
time.
24. Network SLA Exclusions
Many possible situations are completely beyond the control
of GK-Designz.com and therefore are not in the scope of this
SLA. These situations include: Scheduled Network
Maintenance- occasionally network maintenance will be
required. GK-Designz.com will do everything possible to
minimize and avoid downtime during this maintenance. You
will receive prior notification of upcoming maintenance at
the email address we have on file. Scheduled maintenance
periods are not eligible for SLA credits. Hardware
Maintenance- on rare occasions, the hardware in one of our
Dedicated Servers may need maintenance or replacement.
GK-Designz.com will do everything possible to minimize any
downtime in these situations. Any downtime incurred as a
result of this maintenance will not be counted towards our
network SLA. Software Maintenance- an important part of
managing a dedicated server is keeping the software up to
date. Occasional software updates will be required to
address security or performance issues. Usually you will
experience little or no downtime in these situations, but we
cannot guarantee a specific amount of time in all
situations. Malicious Attacks- if a third party not
associated with GK-Designz.com initiates a "Denial of
Service" or other form of disabling attack against your
Dedicated Server or major portions of our network,
GK-Designz.com will do everything in its power to stop the
attack, but cannot guarantee a resolution time. cPanel
Issues- the default install on our servers is configured for
automatic updates of cPanel related software. On occasion,
one of these automatic updates could adversely affect all or
part of the cPanel related software on the server in
question. GK-Designz.com will do whatever is necessary to
fix any cPanel related problems, but cannot guarantee a
resolution time.
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