Hosting & Email Terms of Service

The following terms are a legal agreement between you ("you", "your", "Customer") and Grayczyk Innovations (hereinafter, "Grayczyk Innovations" or "GI"). This Agreement governs the acceptable use of website hosting and email services provided by Grayczyk Innovations. By ordering these services, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.

Services Provided

GI provides Web Hosting and Email Services, which entails the rental of space to customers on servers allowing them to store data files, run a website, etc., as well as tools necessary to use and maintain email accounts (hereinafter, the "Service").

Use of Service

Customers shall not use the Service, nor allow the Service to be used in any manner or form for any illegal or immoral purpose, including but not limited to infringement of Federal or International copyright laws or the violation of any other applicable law, fraud, money laundering, drug dealing or trafficking, prostitution, pornography and other obscene material, threatening or causing or allowing violence, bodily harm or damage to others or their property. Customers shall not use the Service or permit the Service to be used in any manner that does not conform to any generally accepted rules, regulations, or conventions regarding the use of the Internet, or to carry out, encourage, or in any manner be involved in email spamming, mailbombing, spoofing, trolling, phishing, hacking, newsgroup flooding, chat/IM spamming, ping floods, subscribing any third party to any mailing list without their permission, posting defamatory content or content than infringes upon another's rights, promoting and/or distributing viruses, trojans or other malware, spawn unnecessary or unwarranted processes, or actual or likely abuse, misuse, or overuse of any of the system resources.

In the event that any Customer knowingly permits, engages in or otherwise uses the Service as the source, intermediary, or destination address for any spamming, bulk-email or email "broadcasting", or uses the Service for any purpose related to hacking or illegal software ("warez"), Grayczyk Innovations reserves the right without prior notice to impose a penalty of $800 on the offending Customer, and immediately terminate the offender's account. No leniency will be shown with resepect to the above.

Customer accepts and agrees that the above list is not exhaustive, and that Grayczyk Innovations is the sole and final arbiter of what constitutes a breach or violation of these terms. Customer agrees to indemnify and hold harmless Grayczyk Innovations, its employees, partners, agents, and the like from any and all costs, claims, expenses, damages, or lawsuits which may arise or from the Service used by the Customer.

The Customer understands and agrees that there are limitations on the hardware and systems on which the Service is provided, and accordingly if the Customer uses more than 10% of the system resources, or if 30% or more of the Customer's monthly bandwidth is from file downloads, or if any such Customer for whatever reason causes the systems or hardware to malfunction or perform slowly, poorly, or experience other problems, Grayczyk Innovations reserves the right in its sole discretion to take whatever steps that are necessary to ensure that the system operates efficiently and that other customers of the Service receive a reliable and stable service and are not adversely affected by a particular customer.

Termination of Services

In the event that the Customer

1. is, in the sole judgment of Grayczyk Innovations, in breach of these Terms
2. fails, refuses, or neglects to make payment by the due date to GI for any charges due by the Customer for the Service
3. has bankruptcy or insolvency proceedings instituted against it files or petitions for insolvency or bankruptcy or assigns all or any part of its assets to or for the benefit of its creditors then on the happening or occurrence of any or all the above events GI may at its discretion forthwith and without prior notice to the customer terminate the customers account and thereupon all content and files in the account shall be deleted without liability for compensation refund of the agreed package/account monthly payment or otherwise for any loss damages which the customer may as a result of such termination suffer. GI shall be fully entitled to recover all money owed to GI by the customer as of the date of termination notwithstanding termination due as a result of any of the above causes. Non-enforcement by way of termination of any breach or violation of any of the terms herein shall not constitute acceptance or consent by GI to such breach or violation.

Disclaimer

Notwithstanding the generality of the foregoing or anything else contained herein, Grayczyk Innovations makes no warranties whatsoever express or implied concerning the provision of the Service and this includes warranties of merchantability or fitness for a particular purpose. Grayczyk Innovations cannot and does not warrant or guarantee that it will provide a continuous service or that the Service will not be disrupted or that there will be no interruption or delay or that the Service will be provided at a or any particular time. Consequently, Grayczyk Innovations expressly disclaims any all liability or responsibility in respect of claims loss loss of data damages of any kind (including direct incidental consequential or special) suffered by or made against the customer arising out of the use or non-provision of services whether or not Grayczyk Innovations is or was at fault or negligent.

Payment

The Service is billed on an annual basis, and the first payment is due by the Customer on the date that the services are ordered. If additional services are ordered after annual cycle begins, additional services will be billed at a prorated annual ammount for the remainder of the current annual term on the account.

General

1. The Customer agrees to endeavor to protect its username and passwords and not to divulge or disclose to third parties or make use of for its own purpose or advantage any information of whatsoever kind obtained through the use of the Service which may be confidential to GI or its other customers and for which no permission for such use has been given.
2. Regular backups are carried out on servers related to the Service. However, these are for the sole purpose of restoring such servers in the event of a failure. The Customer agrees and acknowledges that the Customer is solely responsible for maintaining local backups of all data stored through the Service. Grayczyk Innovations shall not be liable for any data loss that was due to the Customer's failure to maintain data backups.
3. The Customer agrees to use the Service in a diligent and proper manner, so that no harm or damage will be caused to any computer component, system resource, or other customers of Grayczyk Innovations.
4. The Customer agrees to defend, indemnify and hold harmless Grayczyk Innovations against any and all claims, costs, demands made against, or losses suffered by Grayczyk Innovations as a result of Grayczyk Innovations hosting the Customer's web site or email services.
5. In using the Service, no consumer agreement, partnership, joint-venture, or the like is made of arises between the Customer and Grayczyk Innovations, nor has the Customer authority, implied or expressed, to represent or contract on behalf of Grayczyk Innovations. The customer agrees that the laws of the State of Florida shall have jurisdiction in matters pertaining to the Service or these Terms, and any legal preceedings arising out of these Terms shall be heard in a court in Pasco County, Florida, USA.
6. Grayczyk Innovations reserves the right to, at its sole discretion, to amend these terms without prior notice to the Customer, and to determine what constitutes a violation of the terms and conditions herein.