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Rules for everyone

These were last updated: 11/05/2018 NZT

Refund policy

7-Day Refund

In the unlikely event that you are not satisfied with your service, you are entitled to a 100% refund, no questions asked, anytime within 7 days of the initial purchase.

The only exception to this rule is in regard to Mobile Apps: Due to the nature of time actually spent developing your mobile application – this setup fee is non-refundable, as it covers labour costs, which is not refundable.

Paypal Automatic Subscriptions

We are aware Paypal has a subscription method which automatically manages your invoices moving forward. If you decide to cancel your service with Gecko, it is entirely your responsibility to log into your Paypal account and cancel this subscription.

As we do not have access to your Paypal account, we are not able to do this for you.

Because of this, we reserve the right to not refund any preapproved/subscription payments that have been debited via. Paypal after a service has been closed.

Credit Balance

In 2018, we removed the ability to add funds/credit to your account in advance. This has been done to improve our anti-fruad measures. As part of this, we reserve the right to not refund any client credit balance, no matter the circumstance.

Privacy policy

Welcome to Gecko’s Privacy Policy.

Overview/tl;dr

This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fulfill your order, and for internal analytical purposes.

We will NEVER sell your personal information to any entity or source. Period.

The long version:

  1. Hi there, I’m Dylan Garrod t/a GeckoHost New Zealand (“Gecko”) and welcome to our privacy policy. This policy sets out how we handle your personal information if you’re an Gecko user or visitor to our Sites (which include geckohost.nz, geckoho.st, geckohost.co.nz, geckohost.co, geckohost.co.uk and affiliate/future GeckoHost websites.) – (the “Sites”).
  2. When we say ‘we’, ‘us’ or ‘Gecko’ it’s because that’s who we are and we own and run the Sites.
  3. If we say ‘policy’ we’re talking about this privacy policy. If we say ‘user terms’ we’re talking about the rules for using each of the Sites.

The type of personal information we collect

  1. We collect certain personal information about visitors and users of our Sites.
  2. The most common types of information we collect include things like: usernames, email addresses, IP addresses, personal contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, blog comments, content you direct us to make available on our Sites (such as support tickets) and web analytics data. We will also collect personal information from job applications (such as, your CV, the application form itself, cover letter and interview notes).

How we collect personal information

  1. We collect personal information directly when you provide it to us, automatically as you navigate through the Sites, or through other people when you use services associated with the Sites.
  2. We collect your personal information when you provide it to us when you complete membership registration and buy e items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.

Personal information we collect about you from others

  1. Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular:
    1. financial and/or transaction details from payment providers located in the US, UK, Australia and New Zealand in order to process a transaction;
    2. other third party sources/ and or partners from New Zealand, Australia, US or UK,  whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data or fraud detection information, and combine it with information we have about you. For example, fraud warnings from service providers like identity verification service. We also receive information about you and your activities on and off the Gecko platform through partnerships, or about your experiences and interactions from our partner ad networks.

How we use personal information

  1. Typically, your information is not accessed, however when required, we use your personal information:
    1. To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the Sites, like where you purchase an item from our Sites.
    2. Where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests include:
      1. operating the Sites;
      2. providing you with services described on the Sites;
  • verifying your identity when you sign in to any of our Sites;
  1. responding to support tickets, and helping facilitate the resolution of any disputes;
  2. updating you with operational news and information about our Sites and services e.g. to notify you about changes to our Sites, website disruptions or security updates;
  3. carrying out technical analysis to determine how to improve the Sites and services we provide;
  • monitoring activity on the Sites, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites;
  • managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey;
  1. managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
  2. training Gecko staff about how to best serve our user community;
  3. improving our products and services.
  • providing general administrative and performance functions and activities; and
  • processing your job application to Gecko.
  1. Where you give us consent:
    1. providing you with marketing information about products and services which we feel may interest you; and
    2. customising our services and websites, like advertising that appear on the Site – where this involves the use of cookies or similar technologies – in order to provide a more personalised experience.
  2. For purposes which are required by law.
  3. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.

Other ways we may use your personal information

  • Sending Emails

We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. There are two types of email communications that we provide, as outlined above. One type of e-mail is legally required. Legally required emails cover ICANN mandated verification emails, renewal notices and any other policy or procedure created by ICANN which governs the purchase of domains. Additionally, we may be required by law to serve notices to you such as DMCA Takedown Notices, UDRP notices, etc. Or, we may deem a change to one of our policies to be material and, therefore, determine a duty (though not a legal requirement) to inform you of this change. These types of communications do not fall under any of our opt-out procedures.

We do our best to limit promotional types of emails to communications that we believe will be useful to you. These cover special offers, new products and services and other benefits that we try to ensure would be beneficial to you. As mentioned earlier, you have the ability to opt-out of these communications.

  • Legally Required Disclosure

We will never give out your information without your permission or in ways other than as outlined in this policy. The only exceptions to this are when we are required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law, or when we must comply with a legal process served on our website.

  • Changes In Our Practices

If we change our information-handling practices or other privacy aspects, we will post those changes on this privacy statement. If we make any material changes we will notify you by means of a notice on this site prior to the change becoming effective, and we may also try to notify you through email of the privacy changes, if necessary.

  • Verifying your identity

From time to time through our support channels, we require access to your personal information that we have stored on our system to ensure we are indeed speaking to the correct customer. This is done to verify you as a customer, while ensuring we are not giving out sensitive information to anyone other than yourself. For example, if you request support through live chat, you’ll be asked to verify yourself by answering some security questions

Further, to prevent fraud, some products we offer require further identification. This may include a passport photo or proof of residence. This information is stored securely on your customer file and will never be sold or transferred to any person or entity.

  • Domain WhoIs Contact Information

We are required by ICANN guidelines, and/or the Registries who issue domains, to collect and retain certain personally identifiable information. This information is required to be kept current and may be accessed for changes through your customer Account Panel. This information is further required by law to be made publically available unless you choose to use a privacy service to anonymize the information, such as WhoisGuard. Finally, ICANN requires that registrars must retain the Whois information, whether or not protected by a privacy service, for two (2) years after the domain expires or you are no longer the registrant.

Because domain name registration information is available to the public, anyone can access it through “Whois” searches. At times, our customers may be included within these searches. However, the spam they receive does not in any way come from GeckoHost and please note that we have no control over this information once it is available to the public.

  • Personal Information Following Termination of Account

When your GeckoHost account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in “deactivated” status within our corresponding databases. However, you should that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information, if necessary, in order to resolve know disputes, enforce our agreements and/or as required by laws or regulations.

  • Testimonials

We post customer testimonials on our website which may contain personally identifiable information. These testimonials are pulled from public environments such as (but not limited to) Facebook. As they are in the public domain already, we may not ask for permission to post them on our website. If you would like a testimonial removed, please get in touch with our support team.

When we disclose your personal information

  1. We will disclose personal information to the following recipients:
    1. subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: datacenters, reseller opportunities and parent hosting companies which are located in New Zealand, Australia, US and UK; security and fraud prevention services which are located in the US; payment processing services which are located in the US, UK and Australia; identification verification services located in the US; and operational tooling services which are located in the US. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations.
    2. our professional advisers (lawyers, accountants, financial advisers etc.) which are located in New Zealand.
    3. regulators and government authorities in connection with our compliance procedures and obligations;
    4. a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
    5. a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
    6. a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
    7. a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
    8. other recipients where we are authorised or required by law to do so.

Where we transfer and/or store your personal information

  1. We are based in New Zealand so your data will be processed in New Zealand, United Kingdom and the United States. Information is only transferred internally between the organization and its parent hosting partners.

How we keep your personal information secure

  1. We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location in the United Kingdom and New Zealand. Personal information that we store or transmit is protected by security, including username and password authentication, two-factor authentication, and data encryption where appropriate.

How you can access your personal information

  1. You can access some of the personal information that we collect about you by logging in to your account. You also have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our privacy champion by emailing privacy@geckohost.nz

Marketing Choices regarding your personal information

  1. Where we have your consent to do so (e.g. if you have become a myGecko client or registered to one of our e-mail lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
  2. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.

Cookies (not the type you eat!) and web analytics

  1. For more information about how we use cookies, web beacons and similar technologies. For more general information on cookies, see http://www.allaboutcookies.org.
  2. When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
    1. your IP address or proxy server IP address’;
    2. the domain name you requested;
    3. the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
    4. the date and time of your visit to the website;
    5. the length of your session;
    6. the pages which you have accessed;
    7. the number of times you access our site within any month;
    8. the file URL you look at and information relating to it;
    9. the website which referred you to our Sites; and
    10. the operating system which your computer uses.
  3. Occasionally, we will use third party advertising companies to serve ads based on prior visits to our Sites.  For example, if you visit our Sites, you may later see an add for our products and services when you visit a different Site.

Information about children

  1. Our Sites are not optimised for children under the age of 16 years, so if you are under 16 we ask that you do not use our Sites or give us your personal information (if you are a young tech wiz, please direct your nearest responsible adult to use the Sites for you!). If you are from 16 to 18 years, you can browse the Sites but you’ll need the supervision of a parent or guardian to become a registered user. It’s the responsibility of parents or guardians to monitor their children’s use of our Sites.

Information you make public or give to others

  1. If you make your personal information available to other people, we can’t control or accept responsibility for the way they will use or manage that data. There are lots of ways that you can find yourself providing information to other people, like when you post a public message on a blog thread, share information via social media. Before making your information publicly available or giving your information to anyone else, think carefully.

How long we keep your personal information

  1. We retain your personal information for as long as is necessary to provide the services to you and others, and to comply with our legal obligations. If you no longer want us to use your personal information or to provide you with Gecko services, you can request that we erase your personal information and close your Gecko account. Please note that if you request the erasure of your personal information we will retain information from deleted accounts as necessary for our legitimate business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the terms of service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

When we need to update this policy

  1. We will need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices.
  2. When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.

How you can contact us

  1. If you have any questions about our privacy practices or the way in which we have been managing your personal information, please contact our privacy champion by emailing privacy@geckohost.nz
  2. We’re really glad you made it to the end of the privacy policy, because knowing this stuff is the best way to understand how your personal information is used and how to best manage it!

If you’re a user or visitor in the European Economic Area these rights also apply to you:

  1. For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.

How you can access your personal information

  1. You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
  2. These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
  3. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
  4. If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.

Both personal information and personal data have the same meaning in the context of this Privacy Policy.

Prohibited uses

Infringement of Intellectual Property Rights.

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account.

Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated. If you wish to make a complaint about your intellectual property being used, please email abuse@geckohost.nz

Using a shared account as a backup/storage device. You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Unaccepted Material

Unacceptable material on our servers include without limitation:

Phishing websites, scripts, website lookalikes, website mirrors or anything related to obtaining data from users.
IRC Scripts/Bots
IRCD (irc servers)
Proxy Scripts/Anonymizers
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
Child Pornography Prohibited.
Streaming illegally downloaded songs.
Not operating with a valid streaming license.

Content that is potentially harmful to minors, as determined in GeckoHost’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

Other Prohibited Content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Resource usage

You may not:

Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

Run cron entries with intervals of less than fifteen (15) minutes.

Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.

Force html to handle server-side code (like php and shtml) to help reduce usage.

Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES.

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

Storage and security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your account access credentials (including but not limited to Your customer username/login, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Gecko servers; and (iv) ensure the confidentiality of Your password. Gecko’s servers are not an archive and Gecko shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services offered by Gecko are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Gecko shall have no liability to You or any other person for Your use of Gecko Services in violation of these terms.

In the event that Gecko’s servers, files and or but not limited to information is breached, ‘hacked’, illegally obtained, you agree that we hold no responsibility over such actions. By purchasing services from us, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Gecko from any law suits, penalties, and but not limited to legal proceedings.

Service availability

We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.

Account management

Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify Gecko within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Gecko to determine the validity of information provided by You will constitute a material breach of this Agreement.

If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.

You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, password, API key (if any) and any/all content which might include payment details.

You must notify Gecko immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to $50 (US Dollars) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.

Transfer of Data Abroad. If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us may result in the transfer of information (including Your Account information) across international boundaries. By visiting this Site, using Our Services and communicating electronically with Us, You consent to such transfers.

Idemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Gecko and all affiliates of Gecko, and all officers, agents, employees, and representatives of Gecko, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of Gecko products and/or services by Gecko and its agents and employees. Further, You agree to defend, indemnify and hold harmless Gecko and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Gecko’s terms or any other agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Gecko, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Services; (vi) any information, material, or services available on Your licensed Gecko website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should Gecko be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Gecko may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless Gecko. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Gecko shall have the right to participate in the defense of any such claim through counsel of its Own choosing. You agree to notify Gecko of any such claim promptly in writing and to allow Gecko to control the proceedings. You agree to cooperate fully with Gecko during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

Late Fees

Invoice(s)/notices for payment will be loaded onto your account and sent to the email address supplied by you under your account registration form, seven (7) days prior to the due date of such invoice.

You will have fourteen (14) days to make payment for such invoice before we reserve the right to terminate your services, and all of its files without notice.

Further, if payment is not made within the initial seven (7) days from when an invoice is sent/supplied to the user, we reserve the right to add a non-refundable $10.00 (ten-dollar) charge to your account for late payment.

Zero Tolerance

No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  1. Email Messages
  2. Newsgroup postings
  3. Windows system messages
  4. Pop-up messages (aka “adware” or “spyware” messages)
  5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  6. Online chat room advertisements
  7. Guestbook or Website Forum postings
  8. Facsimile Solicitations
  9. Text/SMS Messages

We will not allow Our servers and services to be used for the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy.

Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and a legitimate opt-out method in the footer of the email or fax that will effectively unsubscribe the recipient. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If We determine the services in question are being used in association with spam, We will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by Gecko. The registrant or customer will be required to respond by email to Us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event We determine the abuse has not stopped after Services have been restored the first time, We may terminate any and all Services associated with the domain name in question and, if We do, no refund will be available to You.

Remedies, Liquidated Damages. You agree that We may immediately terminate any Account which we believe, in Our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Us liquidated damages in the amount of $500 or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your Account, whichever amount is greater.

Final agreement

You agree that Gecko may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Gecko may reasonably make to this Agreement when such changes are made. If You have purchased Services from Gecko, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

Finally, we maintain the right to suspend, terminate and/or close your account without notice for suspicion of breaking any of our terms listed above.

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