Terms of Service Agreement and Acceptable Use Policy
As Of 11/02/2003

All services provided by GayWebHosts.Com must be used in accordance with these terms and policies. GayWebHosts.Com reserves the right to discontinue service, or deny access to anyone who violates our Terms of Service Agreement and Acceptable Use Policy. No refunds will be made for accounts terminated due to violation of this agreement. GayWebHosts.Com will be the sole arbiter in determining violations of this Agreement.

Content

All services provided by GayWebHosts.Com may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Federal, State or local law is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene or material protected by trade secret or other statute. The subscriber agrees to indemnify and hold harmless GayWebHosts.Com from any claims resulting from the use of the service that damages the subscriber or any other party.

All sites or content that promote any illegal activity or present content that may be damaging to GayWebHosts.Com, it’s servers or any other server on the Internet are strictly prohibited. Other prohibited content includes, without limitation, blatant expressions of bigotry, racism, or hatred; providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material that exploits children under 18 years of age; acts of copyright or patent infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protection devices, including serial or registration numbers for software programs, or any type of cracking or hacking utilities. Links to such materials are also prohibited.

Examples of unacceptable content or links

• Pirated software
• Hacker programs or archives
• Warez sites

Commercial Advertising – E-mail

Spamming, or the sending of unsolicited e-mail, from a GayWebHosts.Com server or using an e-mail address or domain that is maintained on a GayWebHosts.Com machine as reference in such an e-mail is STRICTLY prohibited and will result in immediate account cancellation.

IRC

IRC servers and IRC bots may not be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of GayWebHosts.Com is strictly prohibited.

CGI Scripts

Most hosting accounts come with their own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects server operation or takes a disproportionate amount of server resources.

Pricing and Payment Policy, Auto Renewal, Grace Period

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. GayWebHosts.Com reserves the right to change prices at any time.

Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension or cancellation. Once an account has been canceled, all customer data will be lost. GayWebHosts.Com cannot be responsible for data lost from account cancellation due to violation of this agreement or for lack of payment.

The customer is responsible for all fees owed on the account from the time it was established to the time that the customer notifies GayWebHosts.Com at service.gaywebhosts.com to request account cancellation. Please see our Cancellation Policy for more detailed information.

All payment is in U.S. currency. GayWebHosts.Com will bill each client $50 per returned check, per wire transfer received and per credit card charge-back received.

All GayWebHosts.Com accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew on this date and for the same contract length at the then-current rate. There is no payment grace period.

Cancellation Policy
As Of 11/02/2003

All of GayWebHosts.Com's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our service or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding any setup fees, domain registration fees, addon/upgrade fees and overages. No refund is available after the 30th day. Please see the full text of this guarantee at www.gaywebhosts.com/policy/

Cancellation requests must be made through our account cancellation form at service.gaywebhosts.com. Requests sent through e-mail, tech support, or by phone will not be honored. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

In order to prevent a recurring charge from being incurred, notice of cancellation must be received no less than 15 days before your account's anniversary date. Cancellations received later than the 15 day deadline will incur a fee equal to one month’s service charge to process any refund due. This clause does not apply to accounts cancelled within the first 30 calendar days after initial sign-up.

GayWebHosts.Com reserves the right to cancel service at any time. In the event of cancellation, all fees paid in advance of cancellation will be pro-rated and refunded by GayWebHosts.Com. Any violation of policies or terms which results in extra costs will be charged to the customer (i.e. bandwidth, storage space, etc.).

30-Day Money Back Guarantee
As Of 11/02/2003

All GayWebHosts.Com web hosting plans are backed by a 30-day money back guarantee. If you are not completely satisfied with our service or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding any setup fees, domain registration fees, addon/upgrade fees and overages. This guarantee applies to the first 30 calendar days after initial sign-up. No refund is available after the 30th day.

Cancellation requests must be made through our account cancellation form at service.gaywebhosts.com. Requests sent through e-mail, tech support, or by phone will not be honored. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Any overage or violation of policies or terms which results in extra costs will be charged to the customer (i.e. bandwidth, storage space, etc.).

 

99.9% Uptime Guarantee
As Of 11/02/2003

(1.) Coverage This 99.9% Uptime Guarantee applies to any GayWebHosts.Com client in good financial standing with GayWebHosts.Com at the time of service outage.

(2.) Service Level Agreement & Specifications GayWebHosts.Com works diligently to insure that the content of your web site is available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from GayWebHosts.Com to its backbone. Availability is measured using your domain’s IP address. GayWebHosts.Com cannot be responsible for unavailability issues resulting from DNS errors or other 3rd party issues. Downtime is measured from notification of network failure via GayWebHosts.Com's online trouble ticket system at support.gaywebhosts.com. If the ticketing system itself is unreachable, the ticket must be started by calling GayWebHosts.Com. GayWebHosts.Com's administrators will determine the end of the downtime by a trace route to the customer's machine from outside the GayWebHosts.Com network.

(3.) Credits
Shared Hosting - In the event that your web site is not available 99.9% of the time or more, GayWebHosts.Com will credit the following month's service fee as follows. For any shared hosting client, such credit shall be calculated as below and as measured 24 hours a day in a calendar month. Monthly Credit: 95% to 99.8% availability = 10% refund; 90% to 94.9% availability = 20% refund; 85% to 89.9% availability = 30% refund; 80% to 84.9% availability = 40% refund; 79.9% availability or below = 100% refund.

Managed Dedicated Servers - For managed dedicated server customers, the credit shall be equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for service during that month period.

In order for you to receive a credit on your account, you must request such credit through our form at service.gaywebhosts.com within seven (7) days after you experienced the down time. Credits will be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at GayWebHosts.Com, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond GayWebHosts.Com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability, interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration or transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in GayWebHosts.Com's "Terms of Service Agreement" causing a machine to fail as a result.

(5.) Exclusions This guarantee does not apply to accounts suspended or cancelled for lack of payment or for violation of our “Terms of Service Agreement.”

Privacy Statement
As Of 11/02/2003

GayWebHosts.Com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices of our web site:

Registration/Order Forms
Our site's registration form requires users to give us contact information (name, email address and postal address). Contact information from the registration form is used to process the web hosting order. This information is never resold or reused in any way. Financial information that is collected is used to bill the user for products and services and is kept secure. Only senior managers have access to your financial data.

Surveys
Our online surveys ask visitors for contact information (name and email address). Contact information from the surveys is used for internal purposes such as: corporate and service improvement.

Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Some measures include: encryption, password protection and other methods.

Data Quality/Access
This site gives users the following options for changing and modifying information previously provided:
You can send email through our form at service.gaywebhosts.com or contact us through our trouble ticket system online at support.gaywebhosts.com. Your billing and contact information can be changed through our Billing System at billing.gaywebhosts.com.

Contacting GayWebHosts.Com
If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, please contact us at service.gaywebhosts.com.

 

Static / Dynamic Content Caching

You expressly grant to GayWebHosts.Com a license to cache the entirety of your web site and other data stored on our servers, including content supplied by third parties. You further agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights—including copyright, trademark, or trade secret rights.

IP Address Ownership

GayWebHosts.Com shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by GayWebHosts.Com and GayWebHosts.Com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Refusal of Service

We reserve the right to refuse, cancel or suspend service based on any violation of our stated policies and guidelines. GayWebHosts.Com will be the sole arbiter in determining violations of this Agreement.

All Sub-Networks, distributive hosting sites, resellers, resold accounts and dedicated servers of GayWebHosts.Com must adhere to these same policies.

Jurisdiction and Liability Limitation

Regardless of the place of signing of this agreement, the client agrees that any dispute will be litigated or arbitrated in San Francisco County, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in San Francisco County courts. In no event shall GayWebHosts.Com be liable for any sum exceeding the sum client paid for service.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS GAYWEBHOSTS.COM FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST GAYWEBHOSTS.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, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS GAYWEBHOSTS.COM AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH GAYWEBHOSTS.COM'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM GAYWEBHOSTS.COM'S SERVER.

Disclaimer

GAYWEBHOSTS.COM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. GAYWEBHOSTS.COM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.