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
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

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.