Hosting Packages  Package Upgrades  Why Geek Developer?  Data Center Information  Terms of Service  Acceptable Use Policy  Ask A Question  Documentation  Control Panel Login All Nodes Normal None Scheduled Geek Developer ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Geek Developer Service constitutes acceptance and agreement to Geek Developer's AUP as well as Geek Developer's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of geekdeveloper.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of Canada and the province of Ontario. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company 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 Geek Developer shall have the right to terminate all service set forth in this Agreement. 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 the Company 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. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Geek Developer. Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by Geek Developer may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $200. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Refund and Disputes: All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to: support@geekdeveloper.com Or you may call 1-866-568-GEEK (4335) You must have all account information to cancel. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 the company be liable for any special or consequential damages, loss or injury. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by geekdeveloper.com on behalf of the account holder a handling fee will be incurred. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to geekdeveloper.com 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 geekdeveloper.com 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. Support Boundaries: Geek Developer, provides 24 x 7 technical support to our subscribers (except for few holidays). We limit our technical support to our area of expertise. The following is our guidelines when providing support: Geek Developer provides support related to your hosting function on our servers and/or including additional services provided by your web solutions package. Geek Developer does not offer tech support for application specific issues such as cgi programming, html or any other such issue. If you can email, we encourage you to email support@geekdeveloper.com for assistance. If you are able to get online and have other questions, the answers may be on our home page here - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support. SPAM and Unsolicited Commercial Email (UCE): Geek Developer 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 Geek Developer may not use or permit others to use our network to transact in UCE. Customers of Geek Developer 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. Violation of Geek Developer's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Geek Developer will initiate an immediate investigation (within 48 hours of notification). During the investigation, Geek Developer may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Geek Developer may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Geek Developer reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Geek Developer will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $400 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $800 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 $200 per hour that Geek Developer personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. IMPORTANT NOTICE: BEGINNING IMMEDIATELY, any websites or services on our servers that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account terminated immediately. Network 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"). Geek Developer will monitor Customer's bandwidth and disk usage. Geek Developer 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 Geek Developer's sole and absolute discretion. If Geek Developer 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, Geek Developer may, at its sole discretion, collect a deposit, in an amount determined by Geek Developer, against customer's credit card on file with Geek Developer. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Geek Developer Network. Violations of system or network security may result in civil or criminal liability. Geek Developer 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: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. Notification of Violation: Geek Developer 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. First violation: Any User, which Geek Developer 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 Geek Developer's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that Geek Developer 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. Suspension of Service or Cancellation: Geek Developer reserves the right to suspend network access to any customer if in the judgment of the Geek Developer network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Geek Developer chooses. 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. Geek Developer reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Geek Developer must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. Indemnification: Geek Developer wishes to emphasize that in agreeing to the Geek Developer Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Geek Developer for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Geek Developer or the bringing of any claim against Geek Developer by any third-party. This means that if Geek Developer is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Geek Developer, plus all costs and attorney's fees. 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 waiver by the Company 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. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. 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. Geek Developer takes no responsibility for any material input by others and not posted to the Geek Developer Network by Geek Developer. Geek Developer is not responsible for the content of any other websites linked to the Geek Developer Network; links are provided as Internet navigation tools only. Geek Developer 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. Geek Developer is not responsible for any damages your business may suffer. Geek Developer does not make implied or written warranties for any of our services. Geek Developer 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 Geek Developer. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server/Shared Hosting Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. Responsibility for Content: You, as Geek Developer's customer, are solely responsible for the content stored on and served by your website. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products. Geek Developer may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Geek Developer has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Geek Developer and not by the Third Party Vendor. Neither Geek Developer nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Geek Developer or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Geek Developer nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Geek Developer with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Termination of Service: We reserve the right to terminate service upon immediate review of an account.
Please read our Terms of Service (TOS), Acceptable Use Policy (AUP), Privacy and Refund Policies All prices stated are in Canadian Dollars. Appropriate taxes will be charged where applicable.   (c) 2003 - 2006 GEEK DEVELOPER All rights reserved.