Hosting Terms of Service

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Gage may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Gage shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that Gage may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by Gage of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
   
   Payments by check may be mailed to Gage. For new accounts, after payment has been received and funds verified, the account will be activated. Accounts changing to mail in check payment will remain active as long as each payment is received by the due date of the account and funds are available in the checking account. Any returned check will be assessed a $25.00 fee. Invoices will be sent via email  or mail approximately 2-4 weeks before the due date of the account.
   
   Mail payments to:
   Gage eServices, LLC 601 S Phillips Ave Suite 100 Sioux Falls, SD 57104
   
   
4. Payments and Fees: Service will be interrupted on accounts that reach 30 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge. Accounts not paid by due date are subject to a $15.00 late fee after 6 days and $5 after each day after. Accounts that are not collectable by Gage may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Gage a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to Gage are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Gage's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Gage an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay: If the Subscriber's payment declines or is not sent to Gage E Services LLC by the due date for any reason the Subscriber will have 48 hours to pay that invoice. If the subscriber does not pay the unpaid invoice within 48 hours the Subscriber's and the Subscriber's sub accounts, if applicable, will be suspended. Once the account(s) is suspended the Subscriber will have 30 calendar days to pay all unpaid invoices. If the invoice is not paid at the end of 30 days the Subscriber's accounts and sub accounts, if applicable, will be deleted from the server. Gage is not liable for lost information or damage due to the subscriber's negligence in not paying their invoice ending in account suspension or termination. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 15 days notice but not more than 60 days prior to requested cancellation date.
   
   Written notice may be sent to:
   Gage E Services LLC 601 S Phillips Ave Suite 100 Sioux Falls, SD 57104
   
   
8. Subscriber acknowledges: that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Gage and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Gage shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Gage. Subscriber further acknowledges that Gage's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Gage be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7-10 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Gage on behalf of the account holder a handling fee will be incurred.
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Gage will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Gage on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries: Gage provides 24 x 7 technical supports via email or ticketing system (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Gage provides support related to your server or hosted site's physical functioning. Gage does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Gage does not provide technical support for YOUR customers, unless you have chosen a package which authorizes us to do so. If you can email, we encourage you to email support(at)geshosting.com. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
12. SPAM and Unsolicited Commercial Email (UCE): Gage takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Gage may not use or permit others to use our network to transact in UCE. Customers of Gage may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
    a. Violation of Gage's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Gage will initiate an immediate investigation (within 48 hours of notification). During the investigation, Gage may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Gage may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Gage reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Gage will notify law enforcement officials if the violation is believed to be a criminal offense.
    b. First violations of this policy will result in an "Administrative Fee" of $99 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $299 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $149 per hour that Gage personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
    c. As our Customers are ultimately responsible for the actions of their clients over Gage network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
    Important Notice:Anyone hosting websites or services on their sites that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow confirmation that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any site guilty of a second violation WILL be immediately and permanently removed from our network without notice.
13. Network
    a. IP Address Ownership: If Gage assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Gage, and Customer shall have no right to use that Internet Protocol address except as permitted by Gage in its sole discretion in connection with the Services, during the term of this Agreement. Gage shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Gage, and Gage reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
    b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Gage will monitor Customer's bandwidth and disk usage. Gage shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Gage's sole and absolute discretion. If Gage takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Gage may, at its sole discretion, collect a deposit, in an amount determined by Gage, against customer's credit card on file with Gage.
    c. System and Network Security: Users are prohibited from violating or attempting to violate the security of Gage's Network. Violations of system or network security may result in civil or criminal liability. Gage will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
    i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
    ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    v. Taking any action in order to obtain services to which such User is not entitled.
    
14. Notification of Violation:
    a. Gage is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    b. First violation: Any User, which Gage determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Gage's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    c. Second Violation: Users that Gage determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    
15. Suspension of Service or Cancellation: Gage reserves the right to suspend network access to any customer if in the judgment of Gage's network administrators the customer's site is the source or target of the violation of any of the other terms of the AUP or for any other reason which Gage chooses. Service is also subject to disconnection for any violations of the TOS or AUP of or nonpayment for services provided by any other GAGE E SERVICES LLC LLC, company. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
16. Gage reserves the right to amend its policies at any time. All customers, sub-networks, resellers and managed servers of Gage must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
17. Indemnification: Gage wishes to emphasize that in agreeing to Gage's Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Gage for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Gage or the bringing of any claim against Gage by any third-party. This means that if Gage is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Gage, plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    a. A waiver by Gage of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    b. Subscriber shall not transfer or assign this Agreement without the prior written consent of Gage. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    c. Gage takes no responsibility for any material input by others and not posted to the Gage Network by Gage. Gage is not responsible for the content of any other websites linked to the Gage's Network; links are provided as Internet navigation tools only. Gage disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    d. Gage is not responsible for any damages your business may suffer. Gage does not make implied or written warranties for any of our services. Gage denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Gage.
    e. It is ABSOLUTELY FORBIDDEN to host pornographic content or IRC servers on Accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as Gage's customer, are solely responsible for the content stored on and served by your Account.
20. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.