AUP

Acceptable use:

Greg Hark Photographics, Inc. provides World Wide Web page hosting, electronic ecommerce services, Dedicates and Colocated Servers, and website development. Greg Hark Photographics, Inc. has certain legal and ethical responsibilities consisting with the use of its Network, Servers and equipment involved in these services, detailed below.

Greg Hark Photographics, Inc. reserves the right to suspend or cancel a customer's access to any or all services provided by Greg Hark Photographics, Inc. when we become aware that the account has been inappropriately used.

Specific Acceptable Use Policies are detailed below:

Server Abuse: Greg Hark Photographics, Inc.  will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming", password theft, phishing, security hole scanning etc.

Any unauthorized use of accounts or computers by a Greg Hark Photographics, Inc. customer, whether or not the attacked account or computer belongs to Greg Hark Photographics, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. We will co operate with local Law Enforcement to provide logged proof.

Abuse of Traffic: The intention of Greg Hark Photographics, Inc. is to provide a space to serve web documents, not a storage area for electronic files on its virtual servers. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Greg Hark Photographics, Inc.'s server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to suspension or cancellation at the discretion of Greg Hark Photographics, Inc. management. Any customer who violates Greg Hark Photographics, Inc.'s Policies in abusing either space/site transfer will be notified and given 24 hours to remedy the problem. If the problem is not resolved within the alloted 24 hour period, the client will be billed for the overages and the corrective action we will need to take.

Bandwidth will be unrestricted until you reach 5GB of cumulative network traffic per month. Accounts receiving in excess of 10 Gigs will be required to upgrade to a dedicated server which has higher bandwidth allocations than shared servers. Shared server accounts that fail to upgrade will be billed data transfer cost of $10.00/GB/month for overages above the 5Gig allocation. If you do not pay for your overages your site will be disabled within 7 days of your first notice.

To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites offering download files or archives. Sites using more than 30% of Server system resources for longer than 60 seconds. Sites running multimedia files (AVI, QuickTime, Real Audio, Real Video, MP3). Greg Hark Photographics, Inc. will be the sole judge as to what constitutes a violation of this provision.

Email Account Maintenance : In addition to the number of POP3 accounts that you may have included with your account, Greg Hark Photographics, Inc. places the following limitations on all POP3 accounts. All POP3 accounts are limited to 1000 unread email messages. Any subsequent message delivered to a POP3 account that already has 1000 unread email messages will be returned to the sender as undeliverable. Additionally, each POP3 account has a 3MB per message limit and a 5MB per account limit or 20 Meg per Domain. Any subsequent message delivered to a POP3 account that has reached this limit will be returned to the sender as undeliverable. Additionally, all POP3 account messages that are older than 30 days are automatically removed from the server. Your POP3 account should be used as a temporary storage area before downloading them to your POP3 client such as Microsoft Outlook, Eudora or Netscape Messenger, which you can use to permanently store your messages.

Unsolicited Email (Spam) : Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled while the matter is investigated and you will be billed/fined $150.00 per sent Spam. No refunds will be given if your account is terminated for Spam. The sending of mail will be limited to a 100 messages per session

Chat Rooms : We do not allow clients to install their own chat rooms, without prior approval from our Network Security Support Team. Most chat rooms tend to be large system hogs and we do not allow it as an account option.

Background Running Programs : We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Rogue Sites If your site is determined to be causing a detremental affect on other sites on the same server or other sites on the same network, Greg Hark Photographics, Inc. has the right to immediately suspend operation of your account until the problem with your site is corrected.

IRC We do not allow IRC or IRC bots to be operated on our servers.

Payment Policies Greg Hark Photographics, Inc. reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Greg Hark Photographics, Inc. in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation Greg Hark Photographics, Inc. reserves the right to cancel service at any time. All fees paid in advance of cancellation are considered payment for a non-refundable contract for the term of that payment and will NOT be pro-rated and paid by Greg Hark Photographics, Inc. if the account is cancelled. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Greg Hark Photographics, Inc.'s web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is cancelled prior to activation. All payments are considered payment in advance for a full-term contract that covers the payment period. No pro-rated refund will be given if service is cancelled prior to the end of the full-term contract.

This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration etc.

Lawful Purpose Greg Hark Photographics, Inc. reserves the right to refuse service to anyone. Customers may only use Greg Hark Photographics, Inc. Server's and Network for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Greg Hark Photographics, Inc. management.

Indemnification Customer agrees that it shall defend, indemnify, save and hold Greg Hark Photographics, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Greg Hark Photographics, Inc., its agents, its customers, officers 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. Customer agrees to defend, indemnify and hold harmless Greg Hark Photographics, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Greg Hark Photographics, Inc.'s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Greg Hark Photographics, Inc.'s server.

Disclaimer Greg Hark Photographics, Inc. will not be responsible for any damages your business may suffer. Greg Hark Photographics, Inc. makes no warranties of any kind, expressed or implied for services we provide. Greg Hark Photographics, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Greg Hark Photographics, Inc. and its employees. Greg Hark Photographics, Inc. reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of Greg Hark Photographics, Inc. must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.