Terms of Use

The Terms of Use (“Terms”) is an agreement by and between Gressing, LLC ("Gressing"), a North Carolina-headquartered Corporation, and you, where “you” includes you, your heirs, your agents, your successors, your designees, and your assigns.

1. Acceptance of Terms

Use of the Gressing Website, its forums, products, services, documentation, and/or software (referred to hereafter as "Solutions”) constitutes acceptance of the Terms, including all agreements, policies, and documents referenced or linked herein.

2. Modification of Terms

Gressing may modify the Terms from time to time, with or without notice. The Terms shall continue in full force and effect as long as you take advantage of and use Gressing Solutions.

If you no longer wish to comply with the Terms, you can sever use of the Gressing Solutions, as follows:

1. Gressing Free Solutions
   Your only recourse is to immediately discontinue use of Gressing Solutions.
2. Gressing For-Pay Solutions
   Your only recourse is to cancel your account(s) with Gressing. You are responsible for notifying Gressing of your intent to cancel your account(s) and you must terminate your use of Gressing’s Solutions. 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 for-pay 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, if applicable, date by which service is to be cancelled, description of specific service 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.

In the event that you cancel your account(s) based on modifications to the Terms, Gressing will not provide a refund.

Gressing shall not be bound by any representations made by third parties who you may use to purchase Gressing Solutions. Additionally, any statement of a general nature, which may be posted on Gressing’s Website or contained in Gressing’s promotional materials or documentation, will not bind Gressing.

Gressing may, at times, offer certain promotions with different charges and features.

3. Account Rules and Your Responsibility

When you purchase or register for a Gressing Solution, you must provide valid contact information, including an email address that is not associated with a purchased domain/web hosting account. This email address is the primary email address and will be the email address used for communications from Gressing in the event that Gressing contacts you via email.

Gressing does not permit site registration or purchased services using a free email account (e.g., Yahoo, HotMail, GMail).

You must maintain accurate information at all times.

In the event that Gressing contacts you via your primary email address and you fail to respond within 5 calendar days, you will be considered in breach of contract, and your account may be suspended or terminated at Gressing’s sole discretion.

If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if Gressing has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, Gressing has the absolute right, in its sole discretion, to cancel your account(s) and/or prevent you from accessing Gressing Solutions.

4. Account Access and Activity

You are entirely responsible for maintaining the confidentiality of your Customer Number/Login/User Name, Password, Credit Card Number, and all personal information related to your account (collectively, "Account Information").

You are entirely responsible for any and all activities that occur under your account, whether initiated by you, or by others on your behalf, or by any other means. You must notify Gressing at abuse@gressing.com immediately of any unauthorized use of your account or any other breach of security.

Gressing is not liable for any loss that you may incur as a result of someone else using your Account Information, either with or without your knowledge. You will be held liable for losses incurred by Gressing or another party due to someone else using your Account Information.

Gressing specifically disclaims liability for any activity in your account, whether authorized by you or not.

5. Privacy and Security

You can view Gressing’s Privacy and Security Policy at http://www.gressing.com/privacyandsecurity.htm, which is incorporated herein by reference, as it is applicable to all Gressing Solutions. The Privacy and Security Policy provides your rights and Gressing’s responsibilities with regard to security and with regard to your personal information. Gressing will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy and Security Policy.

6. Use and Conduct

You agree not to use Gressing Solutions for any purpose that is unlawful, unethical, immoral, or prohibited by these Terms, and you further agree to comply with any applicable local, state, federal and international laws, government rules or requirements.

Actions equating to unlawful, unethical, immoral, prohibited, or improper use, as determined by legal officials or as so deemed in the sole discretion of Gressing, will result in cancellation of your account(s) and/or denied access to Gressing Solutions and, further, may result in legal action, and you will not receive a refund.

Gressing reserves the right at all times to disclose any information that Gressing deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from Gressing resources.

Gressing reserves the right to cancel your account and/or to deny access to Gressing Solutions if your use of the Solution(s) results in, or is the subject of, legal action or threatened legal action, against Gressing or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

7. Limitations on Solutions

Gressing reserves the right to review your use of the Solutions to ensure compliance with the Terms.

Gressing reserves the right to deny your access to the Solutions at any time, without notice, for any reason whatsoever.

Gressing reserves the right to terminate offered Solutions at its sole discretion, without notice, and for any reason whatsoever.

Gressing may cancel your account or deny you use of the Solutions if you are using the Solutions, as determined by Gressing in its sole discretion, in association with Spam or morally objectionable activities.

Morally objectionable activities include, but are not limited to activities that:

1. Defame, embarrass, harm, abuse, threaten, slander or harass third parties;
2. Are prohibited by the laws of the United States and/or foreign territories in which you conduct business;
3. Encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
4. Are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
5. Impersonate the identity of a third party (person, group, computer, network, etc.);
6. Promote or allow illegal access to other computers or networks (e.g., hacking);
7. Distribute Internet viruses, worms, Trojans, etc., or perform other similar destructive activities;
8. Are designed to harm or unethically use minors in any way.

You will not receive a refund of any fees paid to Gressing in connection with the account cancellation or denied access to Gressing Solutions.

In the event Gressing cancels your account or denies access to Solutions because they are being used in association with Spam or morally objectionable activities, no refund will be issued.

You will not be entitled to a refund of any fees paid to Gressing if, for any reason, Gressing takes corrective action with respect to your improper, morally objectionable, or illegal use of its Solutions.

8. Termination of Solutions

You agree that Gressing, in its sole discretion, has the right (but not the obligation) to cancel or suspend your account, block your email and/or IP address, or otherwise deny your access to or use of Gressing Solutions (or any part thereof), immediately and without notice, and remove and discard any Content within Gressing Solutions, for any reason, including, without limitation, if Gressing believes that you have acted inconsistently with the letter or spirit of the Terms.

All offers for products, services, solutions, etc., including, but not limited to free C2SP, free home page, and/or other specials and free offers, are subject to disposition at the sole discretion of Gressing and may be rescinded at any time without notice.

Further, you agree that Gressing shall not be liable to you or any third party for any cancellation of your account or for denying you access to the Solutions. Further, you agree not to attempt to access your account or Gressing Solutions after cancellation or termination of your access to Gressing Solutions.

Sections 1, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, and 27 shall survive any termination or cancellation of the services, solutions, accounts, and/or Terms.

9. Anti-Spam Policy; Liquidated Damages

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 may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Gressing liquidated damages of $25.00 for each piece of Spam or unsolicited bulk email transmitted from or connected with your account, otherwise you agree to pay Gressing's actual damages, whichever is greater. You acknowledge that you have read and understand and agree to be bound by the terms and conditions of Gressing’s Anti-Spam Policy.

10. Intellectual Property

You agree that Gressing or its licensor holds all rights, title and interest in all Solutions and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Solution.

You understand and agree that all content and materials contained in the Terms, other policies, Gressing Website, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Gressing or its licensor expressly reserves its rights in and to all such content and materials.

You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Gressing or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by the Terms or otherwise.

11. Proprietary Rights

Gressing Solutions, including website content and documentation, are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Gressing Solutions are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work, and/or copying or reproducing any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Gressing.

You further agree not to reproduce, duplicate or copy Content from the Solutions without the express written consent of Gressing, and agree to abide by any and all copyright notices displayed on the Solutions. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Solutions. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Solutions. Gressing and the Gressing logo are registered marks in the U.S. Patent and Trademark Office.

Although Gressing does not claim ownership of content that its users post, by posting Content to any public area of the Solutions, you automatically grant, and you represent and warrant that you have the right to grant, to Gressing an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

Furthermore, by posting Content to any public area of the Solutions, you automatically grant Gressing all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Solution by any party for any purpose.

12. Use of Gressing Software

If you have licensed software from Gressing, Gressing grants you a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. If the software is downloadable and locally installable, you are free to use the software on any computer, but not on two or more computers at one time. If the software is web-based, you can access the application from any computer, but you must respect the licensing agreement for the terms under which you purchased (e.g., single-user, multiple-user, enterprise, etc).

You agree to not alter or modify the Software. You agree you are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

Gressing reserves all rights to the Software. The Software and any copies you are authorized to make are the intellectual property of Gressing. The source code and its organization are the exclusive property of Gressing and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant you any rights in the Software and all rights are reserved by Gressing.

Gressing provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

13. Use of Gressing Documentation

If you receive or download Gressing documents, including but not limited to, books, booklets, instruction documents, help documents, analysis, newsletters, and information pieces, Gressing grants you a limited, non-exclusive, nontransferable and non-assignable license to use the documentation for the purpose for which it is intended and for those purposes that are considered ordinary and customary. You agree to not alter or modify the documentation.

You agree you are not authorized to combine the documentation with any other documentation, create derivative works based upon the documentation, nor are you authorized to convert the document to any other form.

Gressing reserves all rights to the documentation. The documentation and any copies you are authorized to make are the intellectual property of Gressing. The documentation and its organization are the exclusive property of Gressing and the material is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, the Terms do not grant you any rights in the documentation and all rights are reserved by Gressing.

Gressing provides this documentation “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

14. Fees and Payment

In consideration for the Solutions purchased by you and provided to you by Gressing, You agree to pay Gressing in the manner and means stipulated by the information specific to a particular Solution.

1. Domain Name Registration
   Domain names are paid for at the time of ordering in whole for the number of years (and any additional related services purchased. Domain name registration (and associated services) are not refundable.
   
   
2. Hosting
   Hosting accounts are paid for monthly on a pre-pay per month basis. No refunds are available for hosting accounts.
   
   
3. Website Design/Redesign
   Website design and redesign solutions are quoted on a per request basis. The quote includes terms specific to website design/redesign. Refer to your quote for details surrounding payment, retainers, and refunds.
   
   
4. Website Maintenance
   Website maintenance is paid for monthly on a pre-pay per month basis. No refunds are available for maintenance accounts.
   
   
5. Written Analysis
   Analysis Solutions may be for-pay or free. Where a for-pay analysis is performed, no refunds are available.
   
   
6. Technical Documentation
   Technical Documentation Solutions are quoted on a per request basis. The quote includes terms specific to technical documentation solutions. Refer to your quote for details surrounding payment, retainers, and refunds.
   
   
7. Other
   Gressing may offer other Solutions from time to time. Unless otherwise noted in the Terms, refunds are not offered for Other Solutions purchased.

If for any reason Gressing is unable to charge your Payment Method for the full amount owed Gressing for the Solutions provided, or if Gressing is charged a penalty for any fee it previously charged to your Payment Method, you agree that Gressing may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason Gressing is unable to charge your credit card with the full amount of the Solutions provided, or if Gressing is charged back for any fee it previously charged to the credit card you provided, you agree that Gressing may pursue all available remedies in order to obtain payment. You agree that among the remedies Gressing may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or Solutions registered or renewed on your behalf. Gressing reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Solutions, including additional costs that it may incur in providing the Solutions and pass along to you. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and fees incurred by third parties. You may change Your Payment Method at any time by accessing your account through the secure Member Login page at https://www.gressing.com/getgressing/aLogIn.php.

You agree that you are solely responsible for arranging renewal of your Solutions, and further agree that Gressing shall not be liable to you or any third party if it is unable to charge your Payment Method in order to renew your Solution(s).

While all purchases are processed in US dollars, Gressing may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Gressing makes no representations or warranties that the actual price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.

15. Representations and Warranties

You, or the individuals who electronically execute the Terms on behalf of you hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into the Terms, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of the Terms. You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into the Terms on your behalf. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

16. Limitations of Liability

In no event shall Gressing be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies your inability to use Gressing Solutions, your loss of data or files or otherwise, even if Gressing has been advised of the possibility of such damages. Some states may not allow such a broad exclusion or limitation of liability for damages as contained herein. In such states, Gressing’s liability is limited to the full extent permitted by law. You agree that in no event shall Gressing’s maximum aggregate liability exceed the total amount paid by you for the particular Solution in dispute purchased from Gressing.

17. Disclaimer of Warranties

Gressing expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Solutions are provided on an "As Is" and "As Available" basis. Gressing makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free or that defects will be corrected. Gressing does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

18. Indemnification

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. In addition, you agree to indemnify and hold Gressing harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by you, or any allegation that your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of you elsewhere. Should Gressing be notified of a pending law suit, or receive notice of the filing of a law suit, Gressing may seek a written confirmation from you concerning your obligation to indemnify Gressing. Your failure to provide such a confirmation may be considered a breach of the Terms. You agree that Gressing shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Gressing of any such claim promptly in writing and to allow Gressing to control the proceedings. You agree to cooperate fully with Gressing during such proceedings.

You agree you will not be entitled to a refund of any fees paid to Gressing if, for any reason, Gressing takes corrective action with respect to your improper or illegal use of its Solutions. You also agree that if Gressing is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding your account(s) with Gressing, that Gressing, in its sole discretion, may take whatever action Gressing deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

19. Governing Law

The Terms shall be deemed executed in the State of North Carolina. The Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. Your use of Gressing Solutions indicates acceptance of and agreement to jurisdiction and venue in Wake County, North Carolina.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of the Terms.

20. Communication From and To Gressing

You agree that all communications (except for communications concerning breach of the Terms) from Gressing to you may be posted on our Website. If Gressing communicates with you regarding breach, such communication will be sent either to the primary email address on file in your Account Information or to the postal address you have on file with Gressing. In either case, delivery shall be deemed to have been made five (5) calendar days after the date sent.

Notices from you to Gressing shall be made either by email, sent to appropriate email address listed on Gressing’s website, or sent by registered mail to Gressing Headquarters in North Carolina:

Gressing, LLC
1939 High House Road
Suite 208
Cary NC 27519

21. Headings

The headings in the Terms are descriptive only and in the event of a conflict between a heading and the underlying Terms of this agreement, the Terms of this agreement shall rule.

22. Entire Agreement

You agree that the Terms, including the policies and agreements it refers to (e.g., our Privacy and Security Policy, etc.), and any contracts signed by you for additional Solutions (such as website development, technical documentation services, etc.) constitute the complete and only agreement between you and Gressing regarding the Solutions contemplated herein.

23. Severability

You agree that the Terms are severable. If any part of the Terms is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Terms. The remaining conditions of the Terms will remain in full force and effect.

24. Waiver

The failure of Gressing to enforce any of the provisions within the Terms or its incorporated contracts and policies against you or others shall not be construed to be a waiver of the right of Gressing thereafter to enforce such provisions.

25. Force Majeure

Gressing will make every effort to keep its Solutions, including its website, operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in Solution or service interruptions. You agree not to hold Gressing liable for any of the consequences of such interruptions.

26. No Third Party Beneficiaries

Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

27. Totality of Terms
The Terms include this page as well as all agreements, policies, and documents referenced or linked herein, listed below for ease of access.