Last Updated: September 4th, 2010
This document sets forth the principles, guidelines and requirements of the Terms of Service of Gecko Designs ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The Purpose of the Gecko Designs' Terms Of Service, hereinafter referred to as the TOS, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Gecko Designs.
Gecko Designs reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.geckodesigns.com/tos.php. The TOS is not an all-inclusive or exhaustive list and Gecko Designs reserves the right to modify the TOSs at any time as needed, effective upon either the posting of the modified TOS to http://www.geckodesigns.com/ or notification to the Customer via email. Any violation of the TOSs may result in the suspension or termination of your account or such other action as Gecko Designs deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE TOS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM GECKO DESIGNS.
This Agreement shall be construed in all respect in accordance with the laws of the state of Montana, County of Missoula applicable to contracts enforceable in that state. Venue will be Missoula County, Montana.
Any questions or comments regarding the TOS should be directed to Gecko Designs.
Customer shall not post, transmit, re-transmit or store material on or through any of Company's Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Each Customer must use reasonable care in keeping the software they run on the Gecko Designs' servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. A compromised account/server/VPS will result in Customer notification and the account will be suspended immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due to breached server security. The Customer is solely responsible for any breaches of security under Customer control affecting servers. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's account or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as Emergency Security Breach Recovery and is currently charged at $200 USD per hour.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Gecko Designs investigates all incidents involving such violations and will cooperate with law enforcement if criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
Gecko Designs's servers and networks are carefully maintained to provide optimum performance for certain types of usage; namely, serving content on the Internet. Customers are expected to operate their accounts in such a manner as to maintain system and network performance and stability. Gecko Designs monitors its servers and networks very closely, and failure to comply with the following restrictions could result in the termination of service and fees assessed against your account:
Gecko Designs reserves the right to remove access to any service or feature that it feels is being abused, even if through negligence or ignorance, by the Customer.
Gecko Designs performs a minimum of daily thirty day backup rotation. We perform backups of the file system and any databases located on the instance. The backups are stored off server. These backups are for internal use first; server failures, compromised accounts, or data corruption. While we do our best to ensure our backups occur and contain valid data, Gecko Designs is in NO WAY responsible for any loss of data, income or revenue from any data that's unrecoverable. The customer must have their own backup procedure to ensure their data is safe and secure. Our backups should always be used as a last resort.
Each Customer is expected to execute reasonable Internet etiquette. The Customer will comply with the rules appropriate to any network to which Gecko Designs may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Gecko Designs by offended users. Gecko Designs reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Gecko Designs will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Mass Mailings: Gecko Designs has a zero tolerance policy on SPAM, Junk Email or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes Email with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Gecko Designs whether or not the message actually originated from our servers.
Mailing Lists: Gecko Designs' mass mailing rules also apply to mailing lists, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your Email information or that has made their Email address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused Gecko Designs mail servers or Gecko Designs IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $200 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:
Repeat violation of the above terms will result in the following actions:
Gecko Designs services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Utilizing or distributing unauthorized copies of software constitutes a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Gecko Designs will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers.
Customers shall NOT use IP addresses that were not assigned to them by Gecko Designs. Any account utilizing IP addresses outside of those assigned to it will be suspended from network access until such time as the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of $25 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $500 charge and termination of service until the IP allocation is resolved.
Resellers are responsible for the conduct of their Customers and by agreeing with this TOS, agree that their Customers will adhere to Gecko Designs' TOS. Resellers should make their perspective Customers aware of the TOS and the consequences for violation.
Customer agrees to pay for all purchases charged to their account. Invoices constitute the official bill of sale. Payment is due on date shown on invoice. Accounts with unpaid balances at due date shall be considered delinquent. Delinquent accounts will be charged a $50.00 late fee each month they remain unpaid. Accounts that are 30 days past due may be suspended. Account reactivation will cost $100.00 in addition to any late fees and original invoice total. Accounts that are 60 days past due may be deleted and/or removed from the hosting server. A $50.00 fee for returned checks regardless of check amount or reason for return will be assessed to cover administrative costs and bank charges. In the event that services are rendered but payment is not made in a timely manner, customer agrees to pay all attorney's fees and court or other collection costs as permitted by law as actually incurred by Gecko Designs.
Gecko Designs reserves the right to suspend service to any Customer located on our servers for violation of the TOS. Gecko Designs will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. For any violations of the TOS or, at Gecko Designs' discretion, to prevent a violation of the TOS, Gecko Designs reserves the right to:
Gecko Designs shall be the sole determiner of which of the above actions are to be taken, and can reverse or revise its decision at any time. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of US $500 and contract acceleration for all amounts outstanding under the contract term.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE COMPANY SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO COMPANY SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES GREATER THAN THE SUM OF ONE MONTH TOTAL SERVICES.
If you would like to contact us for any reason regarding our privacy practices, please call, write, or E-mail us at the following address:
1905 Alvina Dr
Missoula, MT 59802
telephone: (541) 912-9300
fax: (636) 552-7504