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Terms
of Service Agreement
Version 1.0 – Updated
Aug. 11, 2006
 Greenlight
Development's primary objective is to value and support our
subscribers wherever, whenever and however possible. Our staff and
management will provide the highest level of attention and
dedication to all of our subscribers.
In pursuit of our
primary objective, Greenlight Development agrees to deliver the
agreed upon services, as declared in the Hosting Page,
to our customers at the time of purchase, subject to the following
Terms of Service (hereafter referred to as TOS).
In addition,
the use of Greenlight Development's service(s) by a subscriber
constitutes an unconditional acceptance of and agreement to
Greenlight Development's TOS. Greenlight Development reserves the
right to change or modify the TOS at any time.
 I. 100% Satisfaction
Guarantees: |
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A. 30-Day Money Back Guarantee
Greenlight Development proudly offers its subscribers a
"30-Day Money Back Guarantee.” This guarantee allows
subscriber to purchase Greenlight Development’s services
with full confidence and zero-risk. Consequently,
subscriber may request a full refund within 30 days of
initial sign-up and be refunded all fees paid to-date,
including setup fees, less any additional over-usage
costs. Terminated accounts are not eligible for this
guarantee if the termination occurred due to a violation of
this TOS.
This guarantee can be requested
at anytime within the 30-day anniversary of the subscription
if subscriber is not satisfied with Greenlight Development’s
services. If the 30-day anniversary of the subscription
has been exceeded, subscriber is not eligible for this
guarantee. A request for this guarantee must be submitted
via Greenlight Development’s “Contact Us” form located at
this URL:
http://www.greenlightdevelopment.com/contact.asp.
If requesting a refund, we ask that subscriber briefly
explains the reasons for doing so, as well as any
suggestions on how Greenlight Development could improve
service.
B. Any-Time Money Back
Guarantee
Greenlight Development proudly offers
its subscribers an "Any-Time Money Back Guarantee." This
guarantee allows subscriber to use Greenlight Development’s
services with full confidence and zero-risk. Consequently,
subscriber may request a full refund of the current month's
fees (not the current billing cycle) and to-date pre-paid
fees for future months, less any additional over-usage,
setup fees and free domain registration costs (costs of free
domain registrations are calculated at the regular cost of
the domain registrations). Terminated accounts are not
eligible for this guarantee if the termination occurred due
to a violation of this TOS.
This “Any-Time Money Back
Guarantee” can be requested at anytime that you are not
satisfied with Greenlight Development services. A
request for this guarantee must be submitted via Greenlight
Development’s “Contact Us” form located at this URL:
http://www.greenlightdevelopment.com/contact.asp.
If requesting a refund, we ask that subscriber briefly
explains the reasons for doing so, as well as any
suggestions on how Greenlight Development could improve
service.
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| III. 99.7% Uptime
Guarantee: |
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Greenlight Development guarantees that your
website will be up and running at least 99.7% of the time
during any 12-month period. This guarantee includes network
uptime, server uptime, web server and service uptime. It
does not cover any areas where Greenlight Development has no
direct influence, such as backbone provider failures,
fiber-optic main line cuts, DNS or Registrar issues with
subscriber’s domain name, routing issues between subscriber
location and Greenlight Development data center. The uptime
guarantee is also not applicable if the service interruption
was caused by external issues such as Acts of God, Wars or
any other natural or unnatural events that Greenlight
Development cannot directly influence.
To request a service credit due to an uptime
concern, please submit a request for this guarantee via
Greenlight Development’s “Contact Us” form located at this
URL:
http://www.greenlightdevelopment.com/contact.asp.
If requesting a “service credit” we ask that subscriber
briefly explains the reasons for doing so. |
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| V. SPAM and Unsolicited
Commercial Email (UCE): |
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Greenlight Development takes a zero tolerance
approach to the sending of Unsolicited Commercial Email
(UCE) or SPAM through our network and services.
Customers of Greenlight Development may not use, or permit
others to use, our network to partake in UCE distribution.
Customers of Greenlight Development may not host or permit
hosting of sites or information that is advertised by UCE
from other networks.
Upon notification of an alleged
violation of our SPAM policy, Greenlight Development will
initiate an immediate investigation. During the
investigation, Greenlight Development may restrict customer
access to the network to prevent further violations.
Subscriber will thereafter be advised of the situation. If a
subscriber is found to be in violation of this TOS,
Greenlight Development may, at its sole discretion,
unilaterally restrict, suspend or terminate the violating
customer's account. Further, Greenlight Development reserves
the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation.
Greenlight Development will notify law enforcement officials
if the violation is believed to be a criminal offense. |
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| XII. Network: |
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A. IP Address Ownership
If
Greenlight Development assigns a subscriber an IP address
for use with the subscription, the right to use that IP
address shall belong only to Greenlight Development and the
subscriber shall have no right to use that IP address except
as permitted by Greenlight Development. Greenlight
Development shall maintain and control ownership of all IP
numbers and addresses that may be assigned to subscribers by
Greenlight Development. Greenlight Development reserves the
right to change or remove all such IP numbers and addresses
in its sole and absolute discretion, at any time.
B. Bandwidth and Disk Usage
Greenlight Development offers limited disk space and
limited other resources, such as email or FTP accounts.
The intention of Greenlight Development is to provide
a large amount of space and resources for our customer's
convenience of not having to worry about disk space or
resource allotments. These resource and disk space
allotments are optimized and dedicated towards serving web
documents and self-need email / FTP services and are not to
be used as offsite storage area for electronic files, or as
a provisioning service for third party email or FTP hosts.
All your downloadable files or files stored on the server
have to be available for download via a HTML document stored
on the Internet in a publicly or privately accessible area.
This policy only applies to web sites that are considered to
be abusive in service, disk space or resource consumption
and where it is evident that the "fair-use" of resources
among customers has been breached, particularly in regards
to disk space utilization. Web sites that are found to
contain either/or no html documents, a large number of
unlinked files are subject to warning, suspension or
cancellation at the sole discretion of Greenlight
Development. If a "Fair-Use" breach occurs, Greenlight
Development may have to remove files from the subscriber's
account in order to restore full serviceability to other
subscribers affected by the breach. In any case, the
subscriber will be notified of any actions that Greenlight
Development may have to take.
C. System and Network
Security
Subscribers or any network users are
prohibited from violating or attempting to violate the
security of Greenlight Development’s network or any and all
components there in. Violations of system or network
security may result in civil or criminal liability.
Greenlight Development will investigate occurrences which
may involve such violations and may involve and cooperate
with law enforcement authorities in prosecuting subscribers
who are involved in such violations. These violations
include, but are not limited to:
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1. Accessing data
not intended for such subscriber or logging into a
server or account, which such subscriber is not
authorized to access.
2. Attempting to
probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures
without proper authorization.
3. Attempting
to interfere with service to any subscriber, host or
network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any
part of the header information in any e-mail or
newsgroup posting.
5. Taking any action in
order to obtain services to which subscriber is not
entitled. | |
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| XIII. Notification of
Violation: |
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Greenlight Development is under no obligation or
duty to constantly view each subscriber's activities to
determine if a violation of this TOS has occurred.
Accordingly, we do not assume any responsibility through our
TOS to monitor or police Internet-related activities.
Greenlight Development will only investigate suspicious
activities if they are deemed to violate this agreement or
to harm any part of the services, network or other
subscribers. If a subscriber is found to be in violation,
the following steps are taken:
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1. First violation:
Any Subscriber, which Greenlight Development determines
to have violated any element of this TOS shall receive
an email warning them of the violation. Subscriber’s
service is subject to a temporary suspension at
Greenlight Development's discretion pending a
subscriber's agreement in writing to refrain from any
further violations.
2.
Second violation: Subscribers, whom Greenlight
Development determines to have committed a second
violation of any element of this TOS shall be subject to
immediate suspension or termination of service without
further notice. |
NOTE: Greenlight Development
reserves the right to drop the section of IP space involved
in SPAM or Denial-of-Service complaints if it is clear that
the offending activity is causing great harm to parties on
the Internet. In particular, if open relays are on your
network or a customer's network or if denial of service
attacks are originating from your network. In certain rare
cases, we may have to do this before attempting to
contacting the subscriber. Greenlight Development will
contact the subscriber as soon as it is feasible. |
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| XIV. Suspension of
Service or Cancellation: |
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Greenlight Development reserves the right to
suspend network access to any subscriber if in the judgment
of Greenlight Development, the subscriber‘s account is the
source or target of a violation of any of the terms of the
TOS, or for any other reason which Greenlight Development
deems necessary.
If inappropriate activity is
detected, all accounts of the subscriber in question will be
deactivated until our investigation is complete. Prior
notification to the subscriber is not assured. In extreme
cases, law enforcement will be contacted regarding the
activity. The subscriber may not be credited for the time
the subscriber’s machines were suspended if the subscriber
is found to be at fault. |
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| XV. Miscellaneous
Provisions: |
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Subscriber must provide Greenlight Development
real and current contact information at all times. E-mail
address, telephone and fax contacts are used, and in that
order of preference.
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1. Greenlight
Development takes no responsibility for any material
placed on its network by others. Greenlight Development
is not responsible for the content of any other websites
linked to. Links to other sites are provided as Internet
navigation tools only. Greenlight Development disclaims
any responsibility for any inappropriate use and any
liability to any person or party for any other person or
party's violation of this policy.
2.
Greenlight Development’s subscribers are not permitted
to run IRC servers
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| XVII. Indemnification: |
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Each party (the “Indemnifying Party”) hereby
indemnifies the other party (the “Indemnified Party”), its
officers, directors, employees and agents, and agrees to
defend and hold them harmless from and against any and all
liability, damage, loss or expense (including reasonable
attorneys fees) arising from any claim, demand, action or
proceeding based upon the alleged breach or untruthfulness
of any of the Indemnifying Party’s representations or
warranties, or incurred in the settlement or avoidance of
any such claim, provided, however, that the Indemnified
Party shall give prompt notice to the Indemnifying Party of
the assertion of any such claims and provided further that
Indemnifying Party shall have the right to select counsel
and control the defense thereof, subject to right of the
Indemnified Party to participate therein. |
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