Terms of Service
This agreement was last modified January 17, 2015.
We reserve the right to change this TOS from time to time without notice. You acknowledge and agree that it is your responsibility to review this TOS periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. All payments are subject to be billed up to 10 days prior to the renewal date, and any cancellations, if on a month-to-month, non-contract plan, must be made, through our Customer Portal’s cancellation option, or through a Support Ticket to our Sales or Billing department, 14 days prior to your next renewal date. Any charges made during the 10 day window prior to your renewal date are non-refundable if your cancellation request is not received in the time frame above. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify GravityServers of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. You agree that any pending invoices at the time of your cancellation notice are due at the time of cancellation. You agree that any due invoices at the time of your cancellation notice will be billed within 90 days of your cancellation notice.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to GravityServers’ invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid on the invoice due date. Any invoice that is outstanding for more than three (3) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, GravityServers may suspend or terminate your account and pursue the collection costs incurred by GravityServers, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. GravityServers will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact GravityServers directly after you make a late payment to reactivate the dedicated server.
It is solely your responsibility to notify GravityServers’ Billing department via a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and GravityServers is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. GravityServers may report any such misuse or fraudulent use, as determined in GravityServers’ sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Credit card chargebacks will result in the immediate suspension of the relevant service that you have with us until such time as said Chargeback is resolved. You are solely responsible for the resolution of any chargebacks you file, and we will not re-enable service until we have documented proof that such chargebacks are resolved. At GravityServers’ sole discretion, you are liable for any Chargeback Processing Fees including a $100/hour administration fee for our work in fighting any chargebacks that you may file.
Payment Card Industry Security Standard Disclaimer
GravityServers complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. GravityServers does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this TOS, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date and will always be kept up to date. Any account found to have incorrect or out-dated information may, at Gravity, LLC’s discretion, be suspended until such notice is updated with valid information.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any GravityServers.com employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this TOS, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless Gravity Servers LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this TOS or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this TOS. In such event, you shall provide us with such cooperation as is reasonably requested by us.
When filing support requests and/or support tickets, you agree that you will:
- Check the Gravity Servers Support Knowledgebase for any information that you may need when filing a support request so that the information needed is included with your request. A good example of this is downtime, or your site being unavailable. A Knowledgebase article on Reporting Downtime or Connectivity Issues for Your Website or Server is available with the information that we need before proceeding to work on your ticket. With this information provided, our Support Team is able to solve your issue much quicker and with better service than without it. Also, working through these steps helps you to avoid submitting a ticket for a false positive.
- Make sure that you, your clients, or any other support personnel other than us are logged into the account or server at the time we access it to work on it. If we do see other individuals logged in, we will not work on your account, server, or problem until they are logged out.
- Follow all recommendations in tickets, and if you have a fully managed account, inform us before any changes are made to OS settings such as firewalls, virus protection settings, registry changes, or any OS level changes that may potentially impact the stability of your service so that support personnel may evaluate any changes you wish made prior to making them to assure that they are properly applied to your OS. Not following this invalidates our ability to fully manage your solution, and as such, any changes made at these levels without prior consultation release us from any management obligations until such time as we can return the system to our recommended settings. The reason for this is that with unknown changes to a system, we are unable to predict or consult or properly manage the solution and therefore cannot guarantee uptime, stability, or any other part of our management commitment. You agree that said release holds until such time as we are able to return, through consultation with you, the system back to a working state with our recommended and agreed upon working settings. Changes to systems settings that do not follow this paragraph are subject to GravityServers TOS breach recovery fees per the Consequences of Violation of the Terms of Service section of this document.
General Support Agreements and SLAs
- Support Requests are handled on a general SLA basis if you do not have a support agreement with us, with High Priority Tickets being answered within 20 minutes, Medium Priority Tickets being answered within 8 hours, and Low Priority Tickets answered within 24 hours. All tickets submitted by email are, by default, Medium Priority Tickets. If you wish the ticket to be any other Priority, you must login to the Support Portal and file a ticket from there.
- Hardware replacements, unless you have a specific SLA agreement with us, are handled on a best-effort basis, with a target of <4 hours. We keep replacement hard drives, SSDs, power supplies, full chassis, CPU and all other parts in stock at all data centers at all times.
Uptime Guarantee / Network Connectivity
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance of any type. Approval of any credit is at the sole discretion of GravityServers and may be dependent upon the justification provided. Third party monitoring service reports may NOT be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. 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. To request a credit, please create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Backups and Data Loss
Your use of the Services is at your sole risk. GravityServers’ backup service runs on a regular schedule, dependent upon the service you contracted for, and the current cycle of backups overwrites the previous cycle. Only one cycle of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at GravityServers’ sole discretion. GravityServers does not maintain backups of dedicated accounts unless specifically noted on your cyclic invoice, and specifically listed as a service in our Customer Portal. GravityServers is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on GravityServers’ servers. Even if your service has a backup plan, such backups are kept at “Best Effort”; although precautions are taken, failures of storage systems, and backups do happen, and you are directly responsible for keeping a copy/additional copy of your data.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from Gravity Servers LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this TOS.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Gravity Servers LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
GravityServers and User are independent contractors and nothing contained in this Agreement places GravityServers and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
All content and materials available on GravityServers.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Gravity Servers LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Gravity Servers LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this TOS. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. If you are in any way disrespectful towards any member of the Gravity Servers staff we have full right to terminate your account with us without any refund. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Any data that you possess that does not violate our TOS will be made available via download through one of our FTP servers, either through an image of of your VM or an archive file of the account/server. Such data must be retrieved within a reasonable amount of time (within thirty (30) days), after which it will be deleted. GravityServers will consider any reasonable requests for extensions of the storage of said data.
You agree that any non-contract services that you may have with us are terminable, by either party member, seven (7) days before your next billing cycle, for any reason by either party. If either party fails to give proper notice in the stated time period, said service will continue until the next billing date, at which time it will terminate. Data retrieval is governed by the preceding paragraph.
This website is controlled by Gravity Servers LLC from our offices located in the state of Delaware, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Delaware, by accessing our website, you agree that the statutes and laws of Delaware, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this TOS shall be brought in the federal or state courts located in USA, Delaware You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Gravity Servers LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Gravity Servers LLC
PO Box 493
Smyrna, Delaware 19977-0493
Consequences of Violation of the Terms of Service
Gravity Servers LLC may charge you its hourly rate for TOS breach recovery (currently $75.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of our policies, (ii) remedy any harm caused to Gravity Servers LLC or any of its customers by the violation of our policies, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information, and (v) have Gravity Servers LLC’s Internet Protocol numbers removed from any abuse database. No credit will be available under your Gravity Servers LLC Service Level Agreement or any other policy for interruptions of service resulting from TOS violations.
Terms of Service
Updated on 2017-12-04T16:15:32+00:00, by .