Hosting Agreement

This Hosting Agreement, the Universal Terms of Use, and any additional Gressing policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Gressing concerning your use of Gressing’s Hosting Services, and supersede and govern all prior proposals, agreements, or other communications.

By using Gressing, LLC (“Gressing”) hosting and related services (“Hosting”), you signify your agreement to the terms and conditions as described, including all policies and documents referenced or linked herein.

1. Account Setup

Gressing will setup your account after we have received payment and ruled out fraud. It is your responsibility to provide us with an email address not related to the domain you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

Upon Setup, you agree that until and unless you post content to the hosting space, Gressing may, in its sole discretion, post a generic or specific advertising page as the default page for the hosting account.

2. Content Transfer

Gressing is not responsible for moving your content from one provider to another. We may, at our sole discretion, attempt to assist as a courtesy, but cannot make guarantees of the transfer process.

3. Hosted Content

All Hosting provided by Gressing may only be used for lawful purposes. The laws of the State of North Carolina and the United States of America apply.

You agree to indemnify and hold Gressing harmless from any claims resulting from the use of our Hosting and related services and/or products.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.

The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

Applications, scripts, or utilities that are known resource hogs or content that is of questionable legitimacy are prohibited. Examples of unacceptable material on all Hosting accounts include:

• IRC Bots
• Proxy Script /Anonymizers
• Pirated Software/Warez
• Image, filedump, or banner-ad services (similar to Rapidshare, Photobucket, or commercial banner ad rotation)
• Topsites
• Commercial audio streaming (more than one or two streams)
• Escrow
• High-Yield Interest Programs (HYIP) or related sites
• Investment sites (FOREX, egold exchange)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• AutoSurf sites
• Bank Debentures
• Bank Debenture Trading Programs
• Prime Banks Programs
• Lottery sites
• MUDs/RPGs
• Hate sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• IP Scanners
• Brute Force Programs
• Mail Bombers and Spam Scripts
• Forums that distribute or link to warez content

Gressing reserves the exclusive right to refuse service to anyone for any reason whatsoever. Any material that, in the sole judgment of Gressing, is obscene or threatening is prohibited and will be removed from Gressing servers with or without notice.

Failure to respond to email from Gressing’s abuse department within 48 hours may result in the suspension or termination of your services.

If in doubt regarding the acceptability of your site or service, contact Gressing’s Abuse Department at abuse@Gressing.com.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:

Hosting or linking to sites hosting child pornography, where child pornography is deemed so at the sole discretion of Gressing, is expressly forbidden. Any site hosting or linking to sites that host child pornography will be suspended immediately without notice.

Gressing reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Violations will be reported to the appropriate law enforcement agency.

4. Account Security

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.

You are responsible for all actions taken under your account. This includes the compromise of credentials such as username and password.

You must use a secure password. If you use a weak password, your account may be suspended until you agree to use a more secure password.

Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

5. Zero-Tolerance Spam Policy

You can view Gressing’s Anti-Spam Policy at http://www.gressing.com/antispam.htm, which is incorporated herein by reference, as it is applicable to all Gressing Solutions.

Gressing maintains a zero tolerance posture against sending unsolicited e-mail, bulk emailing, and spam. Gressing considers both "Safe lists" and "double opt-in" as spam, and they will be treated as such.

Accounts participating in or linking to sites participating in the generation of spam will be suspended without notice.

You can view Gressing's Email Sending Policy at http://www.Gressing.com/emailsending.htm, which is incorporated herein by reference, as it is applicable to all Gressing Solutions.

Sites advertised via SPAM (Spamvertised) may not be hosted on Gressing servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.

No organization or entity listed in the ROKSO (Register of Known Spam Operations) may be hosted on Gressing servers.

Any account which results in Gressing IP space being blacklisted will be immediately suspended and/or terminated.

Gressing reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee, where the cost of the clean up fee charged to the holder of the account is determined by and solely at the discretion of Gressing.

6. Hosting Account Payment

You agree to supply appropriate payment for the services received from Gressing, in advance of the time period during which such services are provided. You agree that until and unless you notify Gressing of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellation requests must be made in writing. Notification of your intent to cancel must be provided to Gressing in writing at least 21 days prior to desired date of cancellation.

Notice of intent to cancel your Hosting and related services must be either emailed or mailed:

1. Email to servicecancellation@gressing.com
   "Cancel My Account" MUST appear in the Subject line.
   
2. Send via Registered Mail:
   
   Gressing, LLC
   Service Cancellation Department
   Suite 208
   1939 High House Road
   Cary, NC  27519

All correspondence must include full name of account owner, account number, telephone number, domain name, date by which service is to be cancelled, description of specific service(s) to be cancelled, and reason for cancellation.

Cancellation may take up to two billing cycles to go into effect. You are responsible for maintaining your account billing and payment until such time as the cancellation is implemented.

You are responsible for ensuring that your payment information is current, and that all invoices are paid on time. Gressing provides a 0 (zero) day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue will result in a $10.00 (ten US dollar) per month late fee and/or an account suspension until the account balance has been paid in full. If the account balance is not paid in full within three months of the invoice date, the account will be permanently closed and all files in the space will be deleted. Gressing has no obligation to back up or recover files before or after account cancellation.

Refunds are not offered for Hosting account services. Any credits deemed owed, in the sole discretion of Gressing, will be applied to future Gressing Hosting Services or other Gressing solutions.

Gressing reserves the right to change the monthly payment amount and any other charges at anytime.

7. Backups and Data Loss

Your use of the service is at your sole risk. Gressing is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Gressing servers.

8. Cancellations and Refunds

Gressing reserves the right to cancel your account at any time, for any reason whatsoever, with or without notice. Gressing is not responsible for saving, backing up, or restoring any data or files under any circumstances, including, but not limited to, in the case of account cancellation. Gressing will not provide a refund for cancelled accounts.

9. Resource Usage

You may not:

1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash/AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
6. Participate in any file-sharing/peer-to-peer activities.
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
8. Run cron entries with intervals of less than 15 minutes.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

10. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, Gressing reserves the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11. Reselling Hosting Space

You may not resell web hosting under your Hosting account. Violation will result in immediate termination and deletion of your Hosting account.

12. Price and Plan Changes

Gressing reserves the right to change prices and/or Hosting plan features and specifications without warning. Gressing may, at its sole discretion, occasionally increase the resources associated with various Hosting plans.

13. Indemnification

You can view Gressing’s Universal Terms of Use Agreement, which includes the Indemnification Statement in its entirety, at http://www.gressing.com/termsofuse.htm, which is incorporated herein by reference, as it is applicable to all Gressing Solutions.

You agree to defend, indemnify and hold harmless Gressing and its contractors, agents, employees, officers, directors, shareholders, subsidiaries, affiliates, successors, assigns, service providers, and suppliers from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to your (including your agents affiliates, or anyone using your account, Gressing Solutions whether or not on your behalf, and whether or not with your permission) use of the Gressing Solutions you purchased (or access) from Gressing or your breach of the Terms or incorporated agreements and policies.

14. Disclosure to Law Enforcement

Gressing may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

15. Modifications to Hosting Agreement

Gressing reserves the right to revise its policies at any time without notice.