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Website Hosting

Web Hosting

Hosting Policies are implemented to provide an equitable environment for all. A user/account who acts against the spirit of our written policies may be reprimanded, even if no rule has technically been violated. Those who explicitly believe our services is to be abused or use them in bad faith will have their services limited or terminated with no prior warning.

Mail Policy:

We do not allow the sending of any unsolicited email from any server. In today's unscrupulous email environment on the internet, we have seen the falsified use of our domain names by less than honest spammers. That hope to overload our system by the rejections and in the hope that we will feel punished.

The best policy is to ensure you use "reverse IP verification" to ensure the email you receive comes from a valid mail server, with correct " reverse " set up.

Mail Rejection:

Due to the large volume of "BAD MAIL" that is email, from virus-infected machines, hi-jacked proxies, malicious spammers, mismanaged mailing lists and insecure networks, we will reject this type of abusive mail.

We make use of RBL filtering from 4 primary anti-spam sources. We also require that any mail we receive will need to have proper reverse records for the IP address, relevant to the domain name.

We do not accept mail from dynamic IP's or IP's that are virus infected ( Zombies ). Virus-infected machines IP's are immediately blocked.

DOS ( denial of service ) attacks are instantly firewall, including networks that have shown no regard to our resources or not responded to our complaints.

Hosting Terms of Service Terms of Service

The Provider agrees to provide, and Client agrees to receive, access to the Shared mail, Virtual mail server, Web hosting services, and all other provided services according to the following terms and conditions:

1. The client will use the Greg Hark Photographics, Inc. Mail Servers, Virtual Servers, Web hosting packages and all other provided services in a manner consistent with any applicable laws of the State of Florida and the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account.

2. Provider reserves the right, in its sole discretion, to deactivate or delete the Client's dedicated server, collocated server, virtual server or Web hosting account(s), including e-mail and FTP access, without notice upon the happening of any of the following events:

A) Failure to pay invoices on a due date, including delinquent payments.

B) If Client's account or the traffic on this account causes any network or server problem /disturbances.

C) If Client re-sells space on its domain to third parties, without proper authorization

D) If client conducts any "spam mail."

E) If a client does not upload a website to the server space rented from Provider within 45 days from the date said server space was contracted or minimally upload sufficient web page content to enable Provider to determine if said website is in conformance with its content policies.

F) If client uploads a website to the server space rented from Provider that is different in category or content than the site Client stated on its original application for server space. Deactivation of Client's Virtual Server or Web hosting account(s) does not entitle Client to a refund of any monies paid to Provider for hosting services.

G) Fails to retrieve mail from mail server for 45 days.3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE C.Dalton Inc WEB VIRTUAL SERVERS, WEB HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

4. The provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Greg Hark Photographics, Inc. Virtual Servers, Dedicated Servers, Web hosting packages and any other services for any reason.

5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider's servers. The client is solely responsible for independent backup of data stored on Providers Servers and network. If Provider needs and can restore client's files due to a record lost, a provider is not responsible for; a provider may charge an additional fee for this service.

6. The provider shall not issue any refunds for "one-year" server space rentals at its $9.95 or other economy package rates should Client decide to discontinue the use of Providers hosting services. If a client does request discontinuation of Provider hosting services, then Client shall charge Client a $40 de-activation fee.

6. CLIENT at this moment AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT at this moment AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

7. CLIENT at this moment AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE Greg Hark Photographics, Inc. WEB VIRTUAL SERVER OR WEB HOSTING PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT at this moment AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THESE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S).

PROVIDER MAY CHARGE A $40 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.

8. Due to the public nature of the Internet, all information should be considered publicly accessible, and critical or private information should be treated carefully. The provider is not liable for protection or privacy of electronic mail or at her information transferred through the Internet or any other network provider that its customers may utilize.

9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client's virtual server or Web hosting account(s) upon an indication of such activity without further notice. Client at this moment agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's virtual server or Web hosting account(s). Provider reserves the right to charge a $40 reactivation fee if client's violation of provider's anti-spamming policy leads to an account deactivation or suspension. The client accepts that specific mail may be rejected, due to its content or from public Spamming sources and designated open relays, listed in various RBL lists. The client understands that 3rd parties maintain these RBL lists.

10. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the Web Hosting Agreement is entered in to and fulfilled shall be Miami, FL, United States of America.

11. Client acknowledges that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e., by clicking the order button of the online order form) or by another method, there are no refunds if client or Provider cancel the service contract for cause before the regular expiration date/anniversary date. All server and hosting contracts are automatically renewed for another term unless a written notice of cancellation has been given by either party at least two weeks in advance of the renewal date/anniversary date. If no correct notice of cancellation will be provided, all contracts will automatically renew for another term under the same conditions. If an account has been set up and the initial rent and setup fee is not paid, a provider has the right to close the account immediately and to refuse service. In this case, the provider will bill a client for the US $125.00 for one hour of programming. If the client's bank declines a credit card payment or if the rent is not paid on time provider will charge a US $15.00 late fee per billing cycle and a US $25 fee for each payment-related suspension. If client disputes justified charges by a provider on his credit card, a provider has the right to charge a $25 administration fee in addition to the regular suspension charge and immediately discontinue service.

Provider maintains control and any ownership of any I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any IP numbers and addresses. Client shall keep the right to use the domain name even if a client changes providers.

Network Acceptable Usage Policy

This policy is intended as a general guideline for acceptable use and is not all-inclusive. Greg Hark Photographics, Inc. will use its best judgment and ultimately make the final decision as to what activities are not fair.

Violations of this policy whether intentional or unintentional or due to lack of action on your part are cause for immediate Service suspension and, Service Termination.

The Account holder of the Dedicated or Co-located server is responsible for all activities of third parties that they might provide services to.

Greg Hark Photographics, Inc. reserves the right to cooperate with Law Enforcement authorities in any investigation resulting from suspected illegal activities.

Greg Hark Photographics, Inc. Services / Network and resources may not be used to store, post, or transmit pornographic content or material, including, but not limited to child pornography.

Greg Hark Photographics, Inc. Services / Network and resources may not be used to threaten or harass others. You may not store, post, or transmit threatening or harassing material or support the threatening or harassment of others.

Greg Hark Photographics, Inc. Services / Network and resources may not be used to make fraudulent claims or offer to buy or sell goods or services or to promote pyramid schemes, chain letters, and "phishing" fraud.

All Dedicated and Co-located servers are to be patched and secured, to not jeopardize the integrity and resources of the Greg Hark Photographics, Inc. network.

The following activities are strictly forbidden on Greg Hark Photographics, Inc. Services / Network and are grounds for immediate cancellation.

* Sending the unsolicited commercial e-mail or unsolicited bulk e-mail.

* Sending unsolicited bulk e-mail through Proxies, open relays or through third-party mail servers to promote websites hosted on the Greg Hark Photographics, Inc. Network.

* Sending e-mail bombs.

* E-mail message or header forging.

* Causing excessive or improper Network utilization such as sending network traffic or packets to disable, disrupting, attacking, snooping, or harming networks or servers.

* Sending modified Network Packets with the intention of disguising or deceiving or attempting to hide the true identity of any network traffic.

* Distribution of viruses or worms.

* Hacking or trying to access, modify, or disrupt other servers, systems, or devices without proper authorization.

* Greg Hark Photographics, Inc. Services / Network and resources may not be used to collect, or attempt to obtain, personal information about third parties without their knowledge or consent.

* Greg Hark Photographics, Inc. Services / Network and resources may not be used to store, post, or transmit any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of books, music, photographs, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

* Causing excessive or improper CPU or Memory utilization which may cause service delays or disruptions to others.

Website Acceptable Use

Greg Hark Photographics, Inc. provides World Wide Web page hosting, electronic e-commerce services, Dedicates and Colocated Servers, and website development. Greg Hark Photographics, Inc. has specific 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 activities include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. We will cooperate with local Law Enforcement to provide logged proof.

Abuse of Traffic: Greg Hark Photographics, Inc. intends 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. Websites 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 issue is not resolved within the allotted 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 increasing network traffic per month. Accounts receiving more than 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 improve will be billed data transfer cost of $10.00/GB/month for overages above the 5Gig allowance. If you do not pay for your overages, your site will be disabled within seven days of your first notice.

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

1. The client will use the Greg Hark Photographics, Inc. Mail Servers, Virtual servers, Web hosting packages and all other provided services in a manner consistent with any applicable laws of the State of Florida and the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account.

2. Provider reserves the right, in its sole discretion, to deactivate or delete the Client's dedicated server, colocated server, virtual server or Web hosting account(s), including e-mail and FTP access, without notice upon the happening of any of the following events:

A) Failure to pay invoices on a due date, including delinquent payments.

B) If Client's account or the traffic on this account causes any network or server problem /disturbances.

C) If Client re-sells space on its domain to third parties, without proper authorization

D) If client conducts any "spam mail."

G) Fails to retrieve mail from mail server for 45 days.

3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE C.Dalton Inc WEB VIRTUAL SERVERS, WEB HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider's servers. The client is solely responsible for independent backup of data stored on Providers Servers and network. If Provider needs and can restore client's files due to a record lost, a provider is not responsible for, and a provider may charge an additional fee for this service.

6. The provider shall not issue any refunds for "one-year" server space rentals at its $9.95 or other economy package rates should Client decide to discontinue the use of Providers hosting services. If a client does request discontinuation of providers hosting services, then Client shall charge Client a $40 de-activation fee.

6. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT at this moment AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

PROVIDER MAY CHARGE A $40 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.

8. Due to the public nature of the Internet, all information should be considered publicly accessible, and relevant or private information should be treated carefully. The provider is not liable for protection or privacy of electronic mail or her information transferred through the Internet or any other network provider that its customers may utilize.

9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client's virtual server or Web hosting account(s) upon an indication of such activity without further notice. Client at this moment agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's virtual server or Web hosting account(s). Provider reserves the right to charge a $200 reactivation fee if client's violation of provider's anti-spamming policy leads to an account deactivation or suspension. The client accepts that certain mail may be rejected, due to its content or from public Spamming sources and designated open relays, listed in various RBL lists. The client understands that 3rd parties maintain these RBL lists.

12. Provider maintains control and any ownership of any I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any IP numbers and addresses. Client shall keep the right to use the domain name even if a client changes providers.

Sites with Banners, graphics or CGI scripts running from their domain used on other domains. Websites are offering download files or archives. Sites using more than 30% of Server system resources for longer than 60 seconds. Sites are 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 restrict 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 store your messages permanently.

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 ad, 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 100 messages per session.

Chat Rooms: We do not allow clients to install their 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 detrimental effect on other sites on the same server or other sites on the same network, Greg Hark Photographics, Inc. has the right to immediately suspend the 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 prorated and paid by Greg Hark Photographics, Inc. if the account is canceled. 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 canceled before 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 canceled before the end of the full-term contract.

This policy does not apply to any additional services such as overages, referrer logs, real audio/video, extra disk space, other 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. Servers and Network for the 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 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, its 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 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.

Abuse of any of the above outlined acceptable use policies should be reported to greg@greghark.com.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see below.

This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.

Infringement Notification

Counter-notification

Infringement Notification for Services and all other products

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v... for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide the URL for each allegedly infringing search result. If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to legal@Greg Hark Photographics, Inc.

3. Provide information reasonably sufficient to permit Greg Hark Photographics, Inc. to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit Greg Hark Photographics, Inc. to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to us. Please contact us first by email ( legal@greghark.com ) to obtain the mailing address to send to.

Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such an announcement at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A link to your published letter will be displayed in place of the removed content.

Counter Notification

The administrator of an affected site or the provider of altered content may make a counter notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that Greg Hark Photographics, Inc. has removed or to which Greg Hark Photographics, Inc. has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or another item of content identified above was removed or disabled as a result of a mistake or misidentified of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the paper.

5. Send the written communication to us. Please contact us first by email ( legal@greghark.com ) to obtain the mailing address to send to.

Privacy is important to us. Because we gather certain information about the users of Greg Hark Photographics, Inc.'s network, we feel you should fully understand what information we collect and how we use that information.

What Information Does Greg Hark Photographics, Inc. Collect?

When you register for a Greg Hark Photographics, Inc. account, Greg Hark Photographics, Inc. obtains contact information, such as your name, address, and phone number, as well as payment information, such as your credit card number. When you use Greg Hark Photographics, Inc.'s service, our systems record information about your session, such as the dates and times of use, and the specific Internet address assigned to you.

Greg Hark Photographics, Inc. also tracks requests you make for information on Greg Hark Photographics, Inc.'s products and services, and responses you provide to Greg Hark Photographics, Inc. Finally, Greg Hark Photographics, Inc. keeps records of your payment history and communications you have with Greg Hark Photographics, Inc.'s support team.

What Does Greg Hark Photographics, Inc? Do With This Information?

Greg Hark Photographics, Inc. uses the information it gathers to provide you with the best online experience possible. As you might expect, contact information is used to contact you concerning your account and our company.

Payment information is used to validate your identity and to bill you for the services and products you order. Information on your online sessions is used to allocate system resources and to ensure compliance with Greg Hark Photographics, Inc.'s Terms of Service Agreement. Information on your communications with Greg Hark Photographics, Inc.'s support team is used to address the issues raised by your communications.

We DO NOT send out mailings containing sales or marketing material related to other goods and services. We keep our mailing to strictly informational purposes on the services to which you have currently subscribed.

Does Greg Hark Photographics, Inc. Share Subscriber Information With Third Parties?

Greg Hark Photographics, Inc. WILL NOT share or disclose information regarding its subscribers except (i) when we receive legal process such as a court order; (ii) when reasonably necessary to protect the company's rights or property; or (iii) in emergencies where someone's safety is at risk.

You should be aware, however, that any information that you disclose in a public space such as a chat room, bulletin board, or personal Web site, is freely available to anyone else visiting that space. Greg Hark Photographics, Inc. cannot safeguard any personally identifiable information you disclose in these locations, nor can it ensure that information you voluntarily supply to third parties remains private. Please review the privacy policies of third party sites you frequent to ensure that your privacy preferences are respected.

Please note, when purchasing a domain name, certain user information, including name, address, phone, and email address are required to be disclosed to the registrar that is managing your domain. Although we work closely only with registrars that have strict privacy policies, your contact information falls under their privacy policy in this instance.

How Can I Correct or Update the Information?

You may correct all of the personal information that Greg Hark Photographics, Inc. has on file for you. Please keep in mind that under Greg Hark Photographics, Inc.'s Terms of Service Agreement, subscribers are required to provide Greg Hark Photographics, Inc. with current contact and billing information. Greg Hark Photographics, Inc. may request a copy of a government-issued form of identification before disclosing billing information or before making changes to the billing or contact information on an account.

What Happens to the Information if I Leave Greg Hark Photographics, Inc.?

If you ever leave Greg Hark Photographics, Inc., Greg Hark Photographics, Inc. will normally delete your personally identifiable account information three months after the account is canceled, unless we are under a legal obligation to retain it.

We preserve account information for this short period in the event you wish to reactivate your account and retain your previous e-mail address. However, in the event of any accounting irregularities, Greg Hark Photographics, Inc. reserves the right to keep your contact and billing information as necessary to resolve the matter.

Changes to This Policy and Questions About Privacy

Greg Hark Photographics, Inc. reserves the right to make changes to this policy. Those changes will become effective 30 days after notice of them is posted here. If you have any questions about this privacy policy, please send them via e-mail to legal@greghark.com.

Support Policy

Standard Support Services are included with every server free of charge and is based on hardware, bandwidth and Operating System. Billing related inquiries are also handled under our standard support services.

Our Configuration Support Service is designed for clients that require assistance in configuring and troubleshooting the server installed applications.

Standard Support Service Option:

All of our hosting solutions carry standard support services which are available free of charge.

* Online support is available 24 X 7 X 365 via email and the Online Trouble Ticket System.

* Phone support is open 9 AM to 5 PM EDT, seven days a week.

* Standard support requests should be submitted via email and the Online Trouble Ticket System.

* Billing related inquiries are handled from 10 AM to 4 PM EDT, Monday through Friday, via email or phone.

* We monitor power, bandwidth, HTTP/SMTP response on all customer servers on a 5-minute interval from outside the network.

* We identify and block DoS (Denial of Service) attacks.

* We notify when patches that may apply need to be installed, however, we are not responsible for establishing and maintaining the patches on the servers.

* It is, however, a requirement of our NETWORK POLICY that all machines need to be secure and patched regularly.

* Hardware upgrades must be scheduled at least two days in advance.

* When requesting support that requires us to login to a server, it is the customer's responsibility to provide updated login information.

* Network connectivity from the customer's server to our backbone providers.

* Support for DNS management via our DNS Servers.

We are NOT responsible for the following:

* Customer coding issues.

* 3rd party software installed by the customer.

* OS or software problems caused by bugs or patches.

* Virus or worm infections. Virus protection/removal is the customer's sole responsibility.

* Ongoing server management.

* Ongoing creation of domains or websites.

* Configuration beyond the basic functionality of installed applications.

* Troubleshooting customized applications.

Pay-per-incident Support:

Additional trouble tickets can be purchased beyond your server's included support services. These Support tickets may be purchased individually or in bulk. They are non-refundable and non-transferable when purchased in advance.

Support Trouble tickets can be used for non-standard support issues such as:

* OS software patches

* General server configuration

* Web server configuration

* Mail server configuration

* FTP server configuration

* DNS server configuration

* Firewall and IDS Configuration

* User management

* Troubleshooting of installed applications or basic server functionality

* Setup of up to 3 domains or websites per trouble ticket

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