Business Class Website Hosting  Since 2005

Terms Of Service

Overview

Grey Media Hosting  is operated by Stylex Media Design Inc. This service contract (hereinafter the “CONTRACT”) is between Grey Media Hosting. (hereinafter Grey Media) and the applicant, You: (hereinafter CLIENT) who wishes Internet Web Hosting and/or Co-location services with Grey Media. The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, state and local laws.

Relationship Between Grey Media and CLIENT

  • Grey Media will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
  • CLIENT’s rights and privileges can not be sold or transferred without the written consent and approval from Grey Media sixty (30) days in advance.
  • This contract represents the complete understanding between CLIENT and Grey Media. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
  • CLIENT agrees not to harm Grey Media, it’s reputation, computer systems, programming and/or other CLIENTS using Grey Media’s services.

Uptime Guarantee

If your shared or reseller hosting is less than uptime of 99.9% for any given month, then your account is credited for 1 month.  The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to all plans.

Password Protection

CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use Grey Media’s service to guess passwords or to access other systems or networks without authorization. Grey Media will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.

IP Addresses

CLIENT must return to Grey Media all IP addresses issued by Grey Media to CLIENT if CLIENT discontinues service with Grey Media or if Grey Media discontinues service.

Internet Etiquette

CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which Grey Media may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Grey Media by offended users. Grey Media reserves the right to refuse or terminate service at any time. CLIENT will indemnify Grey Media and hold Grey Media harmless from any damage to Grey Media’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

Content

Grey Media has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party. 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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.The use of a shared, VPS or reseller account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.

Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website. Examples of unacceptable material on all hosting plans include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Large collection of MP3 files and/or DVD/CD ISO Image Files
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer ProCLIENTS who provide the above-mentioned content are in breach of the contract. Grey Media may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds

Resource Usage

The following restrictions on shared hosting plans:

Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc

Running unattended standalone server side daemons such as IRCD

Running any scripts (web spider) which indexes websites

Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store

Running any file-sharing/peer-to-peer activities

Running any game servers such as Counter Strike, Half Life, BattleField 1942, etc

Running any cronjobs less than 15 minute intervals

Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension

Backups and Data Loss

The backup service is provided as a courtesy to our shared and reseller customers. Grey Media will not be 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. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Grey Media. Any shared account using more than 10 gigs of disk space will be removed from daily and weekly backups. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure. Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.

Please contact support@greymedia.net for optional backup services. It is your responsibility to maintain backups.

Interruptions in Service

If your shared or reseller hosting is less than uptime of 99.9% for any given month, then your account is credited for 1 month. Grey Media is not liable for any errors or interruption in service, whether within or outside of Grey Media’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold Grey Media free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by Grey Media or by third-party providers, or because of power interruptions or other causes.

Unsolicited Commercial Email

The Grey Media network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of Grey Media may not use, or permit others to use, the Grey Media network(s) to send UCE. Grey Media will not host, or permit hosting of sites or information that is advertised by UCE from other networks. Grey Media will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on Grey Media’s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. Grey Media reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to Grey Media’s strict “NO SPAM” policy. Grey Media reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address.

Warranty and Assumption of Risk

CLIENT uses Grey Media services at CLIENT’s own risk. Grey Media makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Grey Media shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Grey Media has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

Term of Contract, Termination, and Renewal

  1. All contracts are on a recurring basis. CLIENT shall pay Grey Media recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on Grey Media’s invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. Grey Media may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
  2. All cancellations by CLIENT of service or changes in service must be done in writing to Grey Media. It can be done by email to accounting@greymedia.net, fax (519-340-0317) or via regular postal to Grey Media Hosting, 158 Kimberly Cre., Kitchener, ON  N2E 1C9, Canada. A 30 day money back guarantee is offered on all hosting plans.  There are no refunds on  install fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
  3. If CLIENT breaches any part of this contract and Grey Media has to engage the services of an attorney, the CLIENT will pay any and all of Grey Media’s reasonable attorney fees and court costs.

Limitation of Liability

In no event shall Grey Media or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if Grey Media has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless Grey Media from and against any all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.

Changes

Grey Media reserves the right to revise its policies at any time without notice, and agrees to notify the CLIENT after any change.