IMPORTANT NOTICE: Commencing with the 31st day of service, all payments to Green Olive Tree Web Hosting are non-refundable. Additionally, domain name registration fees are never refundable.
Green Olive Tree Web Hosting (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Green Olive Tree’s Hosting Services constitutes acceptance and agreement to Green Olive Tree Hosting’s Acceptable Use Policy as well as Green Olive Tree Hosting’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Green Olive Tree Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects to be in accordance with the laws of the state of Virginia, city of Portsmouth, applicable to contracts enforceable in that state. Venue will be City of Portsmouth, Virginia.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, Green Olive Tree Hosting shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service.
Payments and Fees: Service will be interrupted on accounts that reach 8 days past due. Accounts not paid by due date are subject to a 5% late fee. Accounts that are not collectible by Green Olive Tree Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges.
Account Cancellation:Cancellations requests must be made 30 days prior to the requested cancellation date. All requests for canceling accounts must be made by either e-mail to firstname.lastname@example.org , or by fax 757-656-3316. You must include all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new Web hosting accounts involving new domains will be set up and entered into our DNS servers within 2 business days. Due to unforeseen complications, however, this process may sometimes require up to 5 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Green Olive Tree Hosting on behalf of the account holder a $10 handling fee will be incurred.
Transfer of Domains: New Web hosting accounts which require Green Olive Tree to handle the transfer of a domain from another provider to Green Olive Tree Hosting can require up to seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Green Olive Tree Hosting on behalf of the account holder a $25 handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned. (Note: this does not apply to an automated domain name transfer that is handled by the Subscriber.)
Support Boundaries: Green Olive Tree Hosting provides responsive technical support to our subscribers, usually within 12 hours. During holidays or other times response times may be somewhat longer. Technical support is limited to our areas of expertise. The following are our guidelines when providing support: Green Olive Tree Hosting provides support related to your virtual site’s physical functioning. Green Olive Tree Hosting does not offer tech support for application specific issues such as user installed CGI programs, HTML or any other such issue. Green Olive Tree Hosting does not provide technical support for YOUR customers. If you can email, we encourage you to email the support personnel at email@example.com for assistance. If you are unable to get online and have other questions please call 757-397-9785.
SPAM and Unsolicited Commercial Email (UCE): Green Olive Tree Hosting takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Green Olive Tree Hosting may not use or permit others to use our network to transact in UCE. Customers of Green Olive Tree Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Green Olive Tree Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Green Olive Tree Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Green Olive Tree Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Green Olive Tree Hosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Green Olive Tree Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Green Olive Tree Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
As our Customers are ultimately responsible for the actions of their clients over the Green Olive Tree Hosting’s network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
IP Address Ownership: If Green Olive Tree Hosting assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Green Olive Tree Hosting and the customer shall have no right to use that Internet Protocol address except as permitted by Green Olive Tree Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Green Olive Tree Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Green Olive Tree Hosting and Green Olive Tree Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Green Olive Tree Hosting will monitor Customer’s bandwidth and disk usage. Green Olive Tree Hosting shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action will include the assessment of additional bandwidth charges of $5 per gigabyte (or part thereof) over allotted bandwidth, review of account content, and review of account charges. Users who exceed allotted bandwidth during any 3 months of a 6 month period will be required to upgrade their account to one that allocates sufficient bandwidth for their needs. Failure to upgrade bandwidth on such accounts can lead to an excess use fee of $10/month plus bandwidth charges, and possible disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Green Olive Tree Hosting’s sole and absolute discretion. If Green Olive Tree Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Green Olive Tree Hosting may, at its sole discretion, collect a deposit, in an amount determined by Green Olive Tree Hosting against customer’s credit card on file with Green Olive Tree Hosting.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Green Olive Tree Hosting Network. Violations of system or network security may result in civil or criminal liability. Green Olive Tree Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Notification of Violation:
Green Olive Tree Hosting is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which Green Olive Tree Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an e-mail, warning them of the violation. The service may be subject to, at Green Olive Tree Hosting’s discretion, a temporary suspension pending the User’s agreement, in writing, to refrain from any further violations.
Second Violation: Users that Green Olive Tree Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. No refunds will be issued in such cases.
We reserve 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.
Suspension of Service or Cancellation: Green Olive Tree Hosting reserves the right to suspend network access to any customer if, in the judgment of the Green Olive Tree Hosting network administrators, the customer’s account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Green Olive Tree Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
Indemnification: Green Olive Tree Hosting wishes to emphasize that in agreeing to the Green Olive Tree Hosting AUP (Acceptable Use Policy) and Terms of Service (ToS), customer indemnifies Green Olive Tree Hosting for any violation of the AUP (Acceptable Use Policy) and Terms of Service (ToS) that results in loss to Green Olive Tree Hosting or the bringing of any claim against Green Olive Tree Hosting by any third-party. This means that if Green Olive Tree Hosting is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Green Olive Tree Hosting plus all costs and attorney’s fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Green Olive Tree Hosting takes no responsibility for any material input by others and not posted to the Green Olive Tree Hosting Network by Green Olive Tree Hosting. Green Olive Tree Hosting is not responsible for the content of any other web sites linked to the Green Olive Tree Hosting Network; links are provided as Internet navigation tools only. Green Olive Tree Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Green Olive Tree Hosting is not responsible for any damages your business may suffer. Green Olive Tree Hosting does not make implied or written warranties for any of our services. Green Olive Tree Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Green Olive Tree Hosting .
It is absolutely forbidden to host or link to any pornographic or adult content, warez or other copyrighted software, hacker, cracks or serial numbers, hate sites or other illegal materials. It is also It is absolutely forbidden to host MP3s or IRC or other chat servers on Virtual Domain Accounts (clients may host MP3 files that contain original content produced by the client.) Virtual Domain Accounts found hosting and/or linking to these materials will be subject to immediate cancellation without refund.