Terms of Use / Acceptable Use Policy

Last updated: October 1st, 2006

BY USING GEEKEMPIRE SERVICES LLC, YOU AGREE TO ALL TERMS BELOW:

18 year or old to purchase

You must be over the age of 18 to purchase services from us. If you are under the age of 18, have a parent or guardian review these Terms of Service and Acceptable Use Policy before they purchase services from us.

File hosting and disk storage

The total amount of disk space used for your web site, files and multimedia will not exceed the amount of disk space purchased. You must be the copyright owner of all files and all files must be legal in the United States of America. Our disk space may only be used for web site materials. Backing up data from other computers is a violation of our policy.

Unapproved content and files

The following is a list of content (including links to) is not allowed on our servers:

Material transmitted in violation of International, Federal or State regulation
Material legally judged to be threatening or obscene
Material protected by trade secrets
Material of adult content or pornographic nature
Material related to hacking, cracking or warez
Material of lewd content
Material that provides a form of gambling

The following is a list of files, materials, programs and scripts (including links to) are not allowed on our servers:

Spam and/or bulk emailing
IRC servers and/or bots
Web proxy
Hacking, cracking or warez (pirated software) related programs or scripts
Copyrighted music, movies or images
Roms, emulators serials, and/or copyrighted software
Mailing list scripts or programs
Gambling related software and/or scripts
Programs and/or scripts that consume excessive server resources
Geekempire Services LLC reserves the right to delete or limited access to any material at our sole discretion, should such material come to our attention.

You are responsible for all files and content on your web site(s) and in your account directories.

Spam

If you are caught spamming or reported to be spamming, your account will be suspended immediately, and an investigation will be conducted on your activities. If you have been found in violation, you AGREE to pay all attorney and court feeds involved with or relating to spamming including any monetary damages requested by the users targeted including server owners and operators.

By purchasing services from Geekempire Services LLC, you AGREE that you will not conduct any type of spam related activities including but not limited to:

Bulk mailing
Mass mailing
Unsolicited mailing
Altering mail headers
IP spoofing

If you cause any of Geekempire Services LLC's IP addresses to be added to a spam database, you AGREE to pay monetary damages to Geekempire Services LLC to be determined by a court of law. Your account will be suspended or terminated at our option.

You are responsible for all spam related activities and materials involving your web site(s) and directories.

Extra fees or charges

There are no hidden fees and you will not be automatically charged for any services that you have not requested or purchased.

If you wish to add capacity to your plans, upgrade to the next level or after reaching Premium Linux Hosting, purchase any of the available upgrades.

Billing

The initial term shall begin upon commencement of the services to you. After the initial term, you will be automatically charged for successive terms of equal length as the initial term, unless terminated or cancelled by either party. Full payment is required in advance, before hosting service is established.

You warrant and represent that the information you supply in the order form (or other information that we may require) is accurate and truthful.

You may select to be billed at our monthly rates per month, or once per year at our yearly rates. Your term is based on Anniversary, starting on the date that you make a purchase. For example, if you purchased a plan on January 9th, you will be billed February 9th for monthly, or the following January 9th for yearly billing.

Our billing system accepts Visa and Mastercard. Our invoices and reminders for renewal are sent through email, so please be sure to have a working email on file. You are responsible for paying your balances. Accounts will be suspended for missing payments.

Cancellations

To cancel your service, open a service ticket reqesting the cancellation of your account. Failure to cancel your service may cause your account to be charged for the next month or year billing cycle.

Refunds and credits

We offer a money back guarantee for up to 15 days from the date when your account was created. We will not refund any service charges after 15 days. You may cancel your service to prevent being charged at your next billing cycle.

We do not issue credits based on hardware failures, bandwidth issues or lost data. You are responsible for maintaining a backup of your files.

Referrals

Geekempire Services LLC may run referral campaigns from time to time and reserves the right to cancel referral campaigns at any time without obligation to any parties involved. You are not allowed to refer yourself or members of the same household to get a discount.

Limitation of Liability

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of data, damages, business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Privacy

Any information stored on our servers under your account(s) is not private and can be investigated by Geekempire Services LLC or law enforcement agencies at our option at any time for possible abuse or illegal activity. Please contact us for more information concerning our policy on investigation of abuse and illegal activity.

Changes

Geekempire Services LLC is not responsible for errors or omissions concerning pricing or other information on our web site(s). We may modify or terminate our services at any time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service at any time without notice. Review these Terms of Service daily so that you will be apprised of any changes. Prices and features are subject to change without notice.

YOUR SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF THE SERVICE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A HARD COPY OF THIS AGREEMENT.

Our Email Policy

Geekempire Services LLC will not sell or solicite any of our customers email addresses under any condition. We strive to keep our customer base confidential.

As a customer of Geekempire Services LLC, you permit us to periodically send you announcements and billing reminders through email. These emails will only be informational and beneficial to keep our customers informed about changes to our hosting.

Data Center Policies

Geekempire Services LLC hosts our equipment in the following datacenters and you as a customer of Geekempire Services LLC must also comply with the datacenters policies

Rackspace's Legal Information.