This agreement represents the complete agreement and understanding between Graphedia: Global Web Services., (hereinafter called Graphedia) and the customer (hereinafter called ACCOUNT HOLDER) and supersedes any other written or oral agreement. Upon notice published on-line via Graphedia, Graphedia may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
1. Provision of services
Service means – ANY act of serving the ACCOUNT HOLDER, being provided by Graphedia, regardless of its duration and whether it’s a paid service or a service for free.
Without limiting the scope of item 1.a. above, Graphedia will provide services on its host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
Graphedia Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by Graphedia. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
For existing customers only, Graphedia will publish a notice of fee increases 30 days before such increases take effect.
Graphedia’s set-up fee does not include the InterNIC maintenance charge of US$70 for 2 years, or any other regional registrar domain registration fees.
2. Use of Material
Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Graphedia services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
As provided by Irish law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Graphedia services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor neither can the author attribution notices nor the copyright notices be modified. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is copyright.
3. Use of Services
The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.
The ACCOUNT HOLDER agrees to use the services provided by Graphedia as permitted by applicable local, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
Graphedia reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at Graphedia. The ACCOUNT HOLDER represents and warrants to Graphedia that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not –
violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
Contain any material that is: unlawful, pornographic, of an adult nature, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold Graphedia, and any third party entities related to Graphedia, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
The ACCOUNT HOLDER’s breach of any of the forgoing representations and warranties, or
Any other third party claim with respect thereto.
The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER’s web site is at the sole discretion of Graphedia. Graphedia may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that Graphedia deems to be in violation of Section (d.) of these Terms and Conditions.
The ACCOUNT HOLDER agrees to indemnify and hold Graphedia, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, harmless from any claims, including legal fees, resulting from the ACCOUNT HOLDER receiving Graphedia services which cause direct or indirect damage to another party.
5. LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL GRAPHEDIA BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF GRAPHEDIA’S SERVICES, EVEN IF GRAPHEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GRAPHEDIA’S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF GRAPHEDIA’S SERVICES.
The ACCOUNT HOLDER acknowledges that GRAPHEDIA makes an honest effort to keep the information available on Graphedia’s systems accurate. However, GRAPHEDIA can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Graphedia is at the risk of the ACCOUNT HOLDER.
The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. Graphedia has no ability or authority over the material. Graphedia can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Graphedia services is at the risk of the ACCOUNT HOLDER.
The ACCOUNT HOLDER understands, agrees and acknowledges that Graphedia makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, Graphedia can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through Graphedia, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDERS
6. Payment of fees and penalties
The Graphedia accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earliest of – the day we receive the electronic order form, the day customer signs up via fax.
The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period was ended.
Payment is due at beginning of each accounting cycle.
Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
Accounts that are delinquent are put on “accounting hold” and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. Graphedia accounts continue to accrue charges while they are on hold.
There is a service re connection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
In the case where a domain name is requested and registered on behalf of a client, and the client subsequently fails to pay – Graphedia-SCE shall NOT transfer ownership of the domain name until payment is received in full (including any associated costs), or the domain expires. Graphedia shall not release domain names which have not been paid for, nor will any modifications, DNS changes, or contact changes be carried out.
There is a €20.00 service charge for each returned check.
Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment.
The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. Graphedia has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.
7. “NOT-TO-RENEW” Requests
For ACCOUNT HOLDERs that pay on a MONTHLY basis ONLY – “NOT-TO-RENEW” requests for Graphedia accounts must be given via a telephone call to Graphedia’s main office(Telephone number available on the contact section of Graphedia’s website). Such requests must be received by 5PM GMT on the 15th of month, in order to be processed by the end of the same month.
For ACCOUNT HOLDERs that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY – “NOT-TO-RENEW” requests for Graphedia accounts must be given via a telephone call to Graphedia’s main office. Such requests must be received by 5PM GMT 15 DAYS before the account’s anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).
All Graphedia accounts must be paid in full before the transaction will be considered complete.
Cancellations will NOT generate ANY refund.
8. Abuse of Services
Any use of Graphedia system resources that disrupts the normal use of the system for other Graphedia customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Graphedia forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot (without permission) and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by Graphedia Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Graphedia Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager.
Violations of any of the Graphedia conditions of use are unethical and may be criminal offences. You are expected to report to Graphedia any information you may have concerning instances in which the conditions of use have been or are being violated. When Graphedia becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, Graphedia may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge €65. In the case of SPAM, Graphedia will charge a €1000 ‘clean-up’ fee, before any domain and/or files will be released.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with Graphedia, either in whole or in part, without the prior written consent of Graphedia. Graphedia may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, and sale of all or substantially all of Graphedia’s assets or other corporate reorganisation.
10. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and Graphedia, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by Graphedia.z