Terms and Conditions

This policy represents the GreenPowerHost.com Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all GreenPowerHost.com customers agree to when they sign-up for any of the GreenPowerHost.com web site hosting services. GreenPowerHost.com reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by GreenPowerHost.com agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with GreenPowerHost.com. GreenPowerHost.com retains the sole discretion to make judgment regarding any violation by any GreenPowerHost.com customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions
In consideration for GreenPowerHost.com maintaining one or more accounts (each "Account"), you, as the GreenPowerHost.com customer, agree to the following terms of service.
Definitions
· "We" "Us" or "Provider" - GreenPowerHost.com · "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times. GreenPowerHost.com however, offers a 99.9% uptime guarantee. This is valid for only the GreenPowerHost.com servers and our primary co-location internet connection. GreenPowerHost.com shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, GreenPowerHost.com is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of GreenPowerHost.com capability to directly correct. GreenPowerHost.com clients are diverse and their web sites and the function of those web sites are diverse and GreenPowerHost.com cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
GreenPowerHost.com MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither GreenPowerHost.com nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of GreenPowerHost.com, even if GreenPowerHost.com has been advised to the possibility of such damages.

Limitation of Liability
IN NO EVENT SHALL GREENPOWERHOST.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE GREENPOWERHOST.COM SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF GREENPOWERHOST.COM SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF GREENPOWERHOST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GREENPOWERHOST.COM MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO GREENPOWERHOST.COM FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, GREENPOWERHOST.COM LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend and hold GreenPowerHost.com (owner & Intel Promotions Group) and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto GreenPowerHost.com servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction GreenPowerHost.com equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by GreenPowerHost.com gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of Ohio (USA) without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venue in the Superior Court of the State of Ohio. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided by GreenPowerHost.com
GreenPowerHost.com will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows GreenPowerHost.com members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. GreenPowerHost.com members will use the provided services in a manner consistent with any and all applicable laws. GreenPowerHost.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, GreenPowerHost.com can terminate client's account without notification.

a) Client Content: Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of GreenPowerHost.com or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to GreenPowerHost.com or any third party. Customers may not run IRC, bots or clients. Clients may not use GreenPowerHost.com servers for file storage unrelated to the client's web site, storage Space is for active web site file pages only. GreenPowerHost.com customers may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at GreenPowerHost.com. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. GreenPowerHost.com will be the sole and final arbiter as to what constitutes a violation of this policy. GreenPowerHost.com does not normally monitor the contents of clients servers, however if suspicion occurs, GreenPowerHost.com reserves the right to investigate and terminate the clients subscription to the service.

b) Bandwidth Usage: GreenPowerHost.com offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days may be suspended and depending upon the severity of the overuse and the nature of the overuse may be terminated. GreenPowerHost.com reserves the right to immediately suspend any account which is suspected of overuse or any abuse of our TOS. GreenPowerHost.com will take all necessary measures to try to contact customers who have been suspended or suspected of overuse or abuse of our servers. There is a daily transfer cap of total bandwidth divided by the number of days in the current month. If you exceed your bandwidth limit for any given month, your account may be suspended and you may be asked to upgrade your package to accommodate your service usage. GreenPowerHost.com shall, in all cases of suspension or termination, attempt to contact customers by sending warning e-mail's which are sent out before your account reaches the maximum service allotment. In some cases warning emails may not be sent prior to the overuse and accounts may be suspended without a warning email or prior to any contact by a GreenPowerHost.com representative.

c) Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. GreenPowerHost.com offers a shared web hosting service in which environment customers may share resources with other customers, therefore it is imperative that GreenPowerHost.com control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an "excessive resource" user. In the event of excessive resource usage GreenPowerHost.com may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, GreenPowerHost.com may suspend that customer’s account prior to notify that customer, GreenPowerHost.com may also contact the excessive usage customer prior to taking any action if GreenPowerHost.com feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by GreenPowerHost.com is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. GreenPowerHost.com will be the sole and final arbiter as to what constitutes a violation of this policy.

d) No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a GreenPowerHost.com server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the GreenPowerHost.com network but is sent from an e-mail address not associated with that GreenPowerHost.com account. Client shall not use their GreenPowerHost.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. GreenPowerHost.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

e) False Information: Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact GreenPowerHost.com concerning unethical, false or unlawful activities by you, GreenPowerHost.com reserve the right to suspend or terminate your service with or without notice.

f) Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

g) Back-Up Files: GreenPowerHost.com provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. GreenPowerHost.com does not back-up, or keep records or copies of our clients web site files and is not responsible for any loss of data.

Payment, Renewal, Cancellations
a) Payment Obligations: Full payment is required in advance before hosting service is established each month to provide services for the following month recurring payment. GreenPowerHost.com invoices are due every pay period. You are given fifteen (30) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that GreenPowerHost.com may require) is accurate and truthful. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to GreenPowerHost.com (Intel Promotions Group) prior to the renewal date and although GreenPowerHost.com sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying GreenPowerHost.com, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.

b) Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to GreenPowerHost.com thirty (30) days before the renewal date that you do not wish to renew or make changes to such account. c) Cancellation & Refunds: Should you become dissatisfied with our services within the first 30 days of your account activation, GreenPowerHost.com will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are available for customers after the 30 days of account activation anytime money back for any unused pre-paid months of service with GreenPowerHost.com. You may however cancel your account at any time in order to make sure that your account is not renewed and GreenPowerHost.com will provide full refund of any already pre-paid months not rendered. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated. Domain Names registration and/or transferred to our service are owned and operated by client and GreenPowerHost.com has no affiliation with the domain name.

99.9% Service Level Agreement " SLA"
GreenPowerHost.com offers it’s clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. GreenPowerHost.com will try to maintain maximum uptime. GreenPowerHost.com is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee & Anytime Money Back Guarantee
GreenPowerHost.com offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service and anytime money back guarantee for unused months, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees or domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are the client’s domain and GreenPowerHost.com has no control or obligation to domain names and are only limited to hosting services. Domain Names transferred to our service are considered a domain registration and remain the sole responsibility and ownership of the client.

Any questions regarding GreenPowerHost.com should be forwarded to our support team at Contact Us