Terms of Service – Buy the Book
Sales tax is charged for Texas residents. If you have questions regarding your purchase, email email@example.com.
Terms of Service – Web Hosting
We provide web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.
We do not offer unlimited bandwidth. Bandwidth count is reset at the end of each month.
When your site/s exceed bandwidth parameters, we will contact you in writing and by phone. We will discuss options depending on what is happening with your site at that time. We will take action depending on whether this was just a one-time traffic spike, or if your site is experiencing continual growth. Depending on your situation, we will increase your allotment at no extra charge, will increase it for $2.00 / GB of overage fees per month, or we may recommend you move to a Virtual Private Server.
If your bandwidth overage charge would exceed the difference between your package, and an upgraded package with bandwidth allotments that would place you within that account packages parameters, we will upgrade your account to that package retroactively instead of charging bandwidth fees. You will be allowed to downgrade if your traffic stays below the original package’s bandwidth level for one quarter.
If you go over disk quota, GeekArtist Web Solutions will charge a $5 per gigabyte per month penalty for each gigabyte that your storage is over your allotment (after determining that your account does not qualify for free additional storage). If you are significantly over quota and your penalty is more than the difference between your account level and the account level that you need for storage based on usage, GeekArtist Web Solutions will upgrade your account to the next level to bring you back into compliance.
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing percentage, memory usage, and MySQL) for a sustained period of time, GeekArtist Web Solutions reserves the right to request that you either upgrade your web hosting service package or reduce your account’s use of resources to an acceptable level. High CPU load/Memory/MySQL is defined as using an average of more than X% of the server processor in a 24 hour period beginning and ending at midnight, as determined by our server.
If resource usage for any of these defined resources falls into another account level for 7 days in a row and you do not respond to our emails, GeekArtist Web Solutions will upgrade your account to cover the resource usage. Excessive Resource usage that puts the server in imminent harm or imminently negatively affects services and resources for other clients may cause the site to be temporarily suspended. If the excessive resource usage puts the server in imminent harm or imminently negatively affects services and resources for other clients, we may recommend you move to a virtual private server.
Forwarding email off the server to your ISP is prohibited. You may only use forwarding to forward email to email addresses within the server itself, or to a repository email account on the server which can then pull the email off of the server via POP or IMAP.
Mass Mailing Restrictions
Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to GeekArtist Web Solutions upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
GeekArtist Web Solutions’s mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
All customers are advised of the following mailing restrictions:
- No web-installed script may send out more than 100 emails per hour for performance reasons. If any script installed on our servers sends out more than 100 emails in one hour, that script will be locked automatically for the safety and performce of the server. Emailings must be throttled to send it batches of less than 100 emails at a time, once per hour. (To throttle PHPList, see the directions on this page.)
- The max total emails that any domain may send per hour is 1000. This includes all mail sent from the server from web scripts, regular email use of all parties, webmail use, and mailman use.
Unless you have retained GeekArtist Web Solutions as your web designer, use of GeekArtist Web Solutions’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge required will vary depending on what you wish to implement on your site. By signing up you agree that you have the necessary knowledge to create and use your web site services and that it is not our responsibility to provide this knowledge outside of our defined services and support. If you want to learn while doing here, great – but be prepared to read a lot. You can get “coddling” help for an extra fee.
GeekArtist Web Solutions reserves the right to update its servers at anytime. As a result we can not be held responsible to anything that may result in a persons site(s) not working properly due to the changes or updates on the server. We recommend that you keep up with changes through the GeekArtist Web Solutions Blog
While GeekArtist Web Solutions does accept orders outside the United States, GeekArtist Web Solutions may limit accounts from certain countries with a high fraud rate. GeekArtist Web Solutions limits shell access from IPs outside of the United States, and cannot accept any orders originating from Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria due to United States law.
You are free to use any dynamic scripts you wish that fall within our acceptable use policy, however we reserve the right to disable any dynamic script that effects normal server operation without prior warning. No dynamic scripts may email more than 100 emails at a time, and if any dynamic programs disable the server in any way and we feel there is reason to believe that continued access to the server by the account holder puts the normal operation of the server in jeopardy, your shell access/the program will be restricted and/or your account will be suspended/deleted. There is a $50.00 fee per incident if we have to deal with this situation due to negligence. We do not provide technical support for any dynamic scripts that you install. If you install it, you have to figure it out. For additional guidelines see our Abuse Policy.
Background Running Programs
We do not allow our customers to run background running programs on any of our machines without prior consultation with GeekArtist Web Solutions.
We do not allow outside DNS services for hosted sites on shared IPs. If hosting here, you must use our DNS servers. If you do not wish to use our DNS, you must contact GeekArtist Web Solutions support to get prior approval to use outside DNS services, and the reason for doing so. Any shared hosting accounts not using GeekArtist Web Solutions’s assigned nameservers may be terminated.
Invoices for monthly, quarterly, and annual accounts are generally sent on the 5th of each month for all packages renewing within the next 28 days. Annual accounts are invoiced and charged 3 months previous to date of renewal without exception due to the high rate of card expiration dates and declines which gives clients a full 60 days to make changes.
PayPal subscriptions or Stripe are used for recurring payments. You do not need to have an account with PayPal. You may also pay via check, money order, or cashier’s check.
You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
Fraudulent credit card charges, as well as unauthorized credits, will have the domain name revoked, and your account cancelled without notice. To reactivate your account, additional fees and charges will be levied if GeekArtist Web Solutions chooses to do so. If you install a domain account without informing GeekArtist Web Solutions or filling out an order form, GeekArtist Web Solutions will charge fees for the highest level of account offered at the time of installation until the order form is filled out.
All issued invoices are due by the posted due date without exception, and payments not received by that date will cause your account to be suspended.
There are no refunds issues for monthly or quarterly account pre-payment. In the event of a requested cancellation date that falls before the end of an already paid-for period, GeekArtist Web Solutions will not issue a refund unless cancellation takes place within the first 30 days of the account. Annual payments are refundable as long as cancellation is submitted 30 days previous to the package renewing, within 60 days of the invoice being generated.
30-Day Money Back Guarantee applies to hosting fees only. If Money Back Guarantee is requested, refund will be made within three days only via the same method of payment use for initial payment. Refunds are not available for domain names, ssl certificates, alternate payment fees, or fines. Refunds are also not generated for any fees not related to web hosting, such as web design or copy editing.
Transfer of Liability (Reselling)
You may not resell individual services within any account, such as web space, emails accounts, or mailing lists. GeekArtist Web Solutions is not completely transparent to your users, and we do not offer totally private label reselling options.
Domain Name Registration
Domain name prices for GeekArtistManaged domain names are posted on the site, and are non-refundable. If domain names are abandoned (the hosting account is canceled and the domain name is not ported), GeekArtist Web Solutions will place the domain up for sale after it is determined that it was abandoned. Non-payment of a renewal fee by the client will also result in the domain name being placed up for sale if the companion hosting account is terminated for non-payment.
Fees for renewal of a domain name in the Redemption Period are $300 plus the annual renewal for the year. Late domain name payments must be reported if the domain name has already expired, as the domain name will already be outside of our automated renewal system and must be manually renewed.
Domain Name Renewal after you no longer host here
Domain names held and managed by GeekArtist Web Solutions are only available to those hosting their sites on GeekArtist Web Solutions servers. Should you cancel your hosting account, you will be responsible for moving your domain name to a self-managed registrar. If you return to GeekArtist Web Solutions and did not move your domain name at the time of renewal, the domain name renewal fee will be $20 over what the posted renewal rate is for the DrakManaged domain. Should GeekArtist Web Solutions renew the domain name, you will still be responsble for moving the domain to a new registrar.
All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Commercial pornography content for fees is prohibited on all our servers. We will be the sole arbiter in determining violations of this provision.
Sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet are additionally prohibited. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Proxy Servers, including but not limited to SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts.
- All IRC activity including but not limited to IRC client software, IRC server software, web-based IRC software, IRC bots such as “eggdrop”, and IRC proxies such as “psyBNC”.
- Hacker programs or archives
- Warez sites
- Commercial MP3s where you are not the copyright owner.
We will be the sole arbiter as to what constitutes a violation of this provision.
Commercial Advertising – E-mail
Spamming, or the sending of unsolicited e-mail, from our server or using an e-mail address or domain that is maintained on our machine as reference is STRICTLY prohibited and you will be assessed a $500.00 fine to cover the cost of our staff having to invest time in getting the server secure, and unblacklisted. If the fine is not paid, all unpaid service fees and any domain names held through us will be forfeited. We will be the sole arbiter as to what constitutes a violation of this provision.
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. If data loss occurs due to negligence of client in securing their account or by an action of the client, GeekArtist Web Solutions will attempt to recover the data from the most recent archive for a $30.00 fee.
Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. Any abuse of shell access will result in shell access being removed for that account.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers must adhere to the above policies.
Abuse of Staff
If any manner of communication with the staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, or abusive, you will be issued one warning. If the communication continues, your account will be terminated without refund.
Cancellation of Service
We require 30 days notice before you cancel your account though we may waive that upon request at our sole discretion, however, cancellations that take place less than 30 days that are allowed to be canceled will be done so for GeekArtist Web Solutions account credit only.
Your request to cancel must come before your invoice is charged for the next renewal, though in the case of annual accounts invoiced 3 months in advance, you have 60 days from the date
of invoice to cancel and obtain a refund. Transferring your domain to another provider does not constitute canceling your GeekArtist Web Solutions account. You must notify GeekArtist Web Solutions to formally cancel your account to avoid being liable for further charges, and you must do so previous to the invoice for the renewal charges you wish to avoid.
The invoice should not be considered a reminder to cancel, and absolutely no cancellations will be accepted after the client is invoiced with the exception of annual account holders invoiced 90 days in advance. GeekArtist Web Solutions will close any accounts that we have determined to be abandoned by its owners, whether by inference (non-payment) or statement by account owner publicly or privately.
Technical Support Policies
GeekArtist Web Solutions offers technical support primarily through ticketing system and email. Telephone support is available however, this should not be utilized as a primary means of support and is not available 24/7. Telephone technical help is a courtesy only and is not guaranteed to be available at all time. A ticket must be submitted in addition calling. If you do not create a ticket before calling, staff will create one for you. All communication with GeekArtist Web Solutions web hosting must always go to:
GeekArtist Web Solutions may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Disable access to a client’s content or service which violates TOS with or without notification.
- Remove content which violates TOS with or without notification.
- Block mail or any other network service with or without notification.
- Null-route client’s IP address with or without notification.
- Suspend the client’s account with or without notification.
- Terminate the clients’s account with or without notification.
- Bill the client for administrative costs and/or reactivation charges with or without notification.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that GeekArtist Web Solutions may take to enforce and ensure compliance with these Terms. GeekArtist Web Solutions reserves the right to recover any and all expenses in connection with a client’s violation of this TOS.
GeekArtist Web Solutions will not be responsible for any damages your business may suffer. GeekArtist Web Solutions makes no warranties of any kind, express or implied for services we provide. GeekArtist Web Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by GeekArtist Web Solutions and its employees or any companies GeekArtist Web Solutions may contract. Customer agrees that it shall defend, indemnify, save and hold GeekArtist Web Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against GeekArtist Web Solutions, its agents, its customers, officers, contractors and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
GeekArtist Web Solutions, LLC cannot ethically guarantee any increase in sales or site traffic if recommendations are implemented. This is due to a wide variety of factors involved in the website and in your web marketing campaign, not just what we cover. We are not responsible for lack of any benefit to your site if none of our recommendations are implemented to your site.