Terms & Conditions

You must agree to this in order to make use of our products and services.

Revision Date: 26th May, 2018.

All services provided by GekkoFyre Networks (“GekkoFyre Networks”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless GekkoFyre Networks from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to GekkoFyre Networks’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

Examples of unacceptable content or links

* Applications used for hacking or archives containing them within
* Warez sites
* Pirated software or facilitation thereof
* Pirated media or facilitation thereof
* Mailing List Sending Software
* Illegal MP3s
* Stolen artwork

NOTE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE.

IRC

We do not allow IRC or IRC bots to be operated on our servers at the present time. This may change in the near future.

Scripts

Any script installed on our servers must at all times be kept up-to-date by the subscriber with the latest stable version available from the supplier or developer of the application. This includes installations of WordPress.

Any upgrades to out-of-date scripts including plugins, themes, WordPress or any other, whether completed by the subscriber or by GekkoFyre Networks are done at the subscribers own risk. Fixes that are required after upgrade are NOT supported by GekkoFyre Networks in any capacity.

Any script which contains a login interface must include suitable brute force protection to efficiently block and refuse dictionary or guessing attacks against the login. The firewall installed on every server at GekkoFyre Networks (not including dedicated servers) may already support this for you with regards to your application in question; you will need to query the support team in order to find this out.

Subject to any and all provisions of this document, the subscriber is free to install server side scripts as required for the operation of its website only so long as the concerned scripts are not included in the following list:

* Any script which is not updated to the latest secure version.
UltimateBBS (all versions).
Ikonboard (all versions).
YaBB and YaBB SE (all versions).
Greymatter (all versions).
IRC Egg Drops and IRC-related applications (i.e. chat software).
* Proxy servers.
nph-proxy.
The Anonymizer.
formmail.pl other than NMS version.
timthumb.php
lstmrge.cgi
* Any script which facilitates the exploitation of our servers or the computer systems of others in any way.

In the case of the subscriber allowing a script with a reported exploit or vulnerability to remain installed on a server, GekkoFyre Networks reserves the right to upgrade the script, disable the script, or terminate the site without prior notice. GekkoFyre Networks will be the sole arbiter in determining violations of this provision.

Further to the above, GekkoFyre Networks reserves the right to disable any script, or terminate any site, which it considers to be affecting normal server operation or service to other subscribers, or which represents a general risk to our servers. GekkoFyre Networks will be the sole arbiter in determining violations of this provision.

If your website is not hosted with GekkoFyre Networks, we take no responsibility for backups, security or updates of your website.

Unsolicited Email & Spamming

Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. GekkoFyre Networks takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, your account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through GekkoFyre Networks (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of GekkoFyre Networks is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms & Conditions outlined within, your account will be cancelled without chance of refund.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service and/or Acceptable Use Policy. Upon termination, your right to use your products and/or services with us will immediately cease. If you wish to terminate your account yourself, you may simply put through a request to our technical support team.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by sending a communication to any address (email or otherwise) that we have for you in our records.

Billing

By the pre-determined Account Invoicing Date of each month, GekkoFyre Networks shall either:

  1. Debit the client’s credit card (when such information has been provided by the client); or
  2. Deliver, by e-mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to GekkoFyre Networks by no later than the specified payment due date. GekkoFyre Networks shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. Go here in order to find out how and when we calculate late-fees for overdue accounts.

onFyre Membership

Whilst GekkoFyre Networks gives a very generous leeway to those account holders whom are under our exclusive onFyre Membership program with regards to account suspensions for lack of payment and the like, we do kindly ask that you keep your account in good repute with us. For those who we determine to chronically abuse this privilege to the extreme, we may withhold your exclusive membership until you can show that your reputation has improved otherwise, whereupon it will then be restored.

Service Fees

Certain services carry a setup fee which are charged by GekkoFyre Networks to the client, which then must be paid by the client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to GekkoFyre Networks and agrees to pay any and all fees incurred by said client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. The same also applies to purchase of services with a plan-length of either three, six, or twelve months in length.

Money back guarantee and refund policy

With regards to all of our single-user hosting solutions (i.e. everything but reseller packages), we offer a 28-day money-back guarantee by default. Our policy on refunds can be found here.

Limitation of Liability

You agree that we shall not be liable for any damages suffered as a result of using our products and services. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Violations

Violations of these Acceptable Use Policies should be referred to support[at]gekkofyre[dot]io. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Your use of our products and service is at your sole risk. The products and services are provided on an “AS IS” and “AS AVAILABLE” basis. As such, they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GekkoFyre Networks and its subsidiaries, affiliates, and its licensors do not warrant that a) the products/services on offer will function uninterrupted, secure or available at any particular time or location; b) all errors or defects will be corrected; or c) the results of using our products/services will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the products/services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the products/services for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the products/services or that the operation of our products/services will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the products/services.

Account Activation

By activating your account with GekkoFyre Networks, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign-up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

GekkoFyre Networks guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. In the event that your website is available for less than 99.9% of the time, GekkoFyre Networks will credit the following month’s service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

* 95% to 99.9% – Your account will be credited 10% of your monthly hosting fee.
* 90% to 94.9% – Your account will be credited 20% of your monthly hosting fee.
* 89.9% or below – Your account will be credited 50% of your monthly hosting fee.

Credit shall not be provided to you in the event that you have any outage resulting from:

* Scheduled maintenance as posted from time to time at GekkoFyre Networks.
* Your behavior or the performance or failure of your equipment, facilities or applications.
* Circumstances beyond GekkoFyre Networks’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
* You breaking any agreement policy in GekkoFyre Networks’ `Terms & Conditions or AUP` causing a machine to fail as a result.

Technical Support Boundaries

GekkoFyre Networks provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

Unlike many hosting companies, we do our best to help with scripts, templates and programing languages. However, under no circumstances is GekkoFyre Networks obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.

We may call in outside experts at times to help with issues that are outside of our areas of knowledge, and these experts will come from third-party companies. We only wish to provide you with the best technical support possible and not leave you hanging. We will inform you of this firstly before making any decisions.

Force Majored

GekkoFyre Networks shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond GekkoFyre Networks’ control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Static & Dynamic Content Caching

You expressly:

  1. Grant to GekkoFyre Networks a license to cache the entirety of your website, including content supplied by third parties, hosted by GekkoFyre Networks under this Agreement and,
  2. Agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

GekkoFyre Networks shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by GekkoFyre Networks. GekkoFyre Networks reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Lastly, GekkoFyre Networks reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.