I. Welcome

Thank you for considering gnet.shell.la (G-Net) for your hosting solution and thank you for actually reading the following Terms of Service (TOS).

II. Acceptance of Terms

G-Net provides its services to you subject to agreement to the following Terms of Service which may be updated periodically with or without notification. You will always be able to view the latest TOS at any time by visiting http://gnet.shell.la/terms.php. In addition, when using certain G-Net owned, operated or otherwise provided services, you and G-Net shall be subject to any posted guidelines, TOS, or other rules applicable to such services which may be updated periodically. All other guidelines, TOS or other rules are hereby incorporated by reference into this TOS. Occasionally G-Net may also offer other services that are governed under specialized Terms of Service of which you will also be obligated to agree to abide by to utilize said services.

III. Service Description

G-Net provides users with access to a rich variety of resources including communication tools, forums, shopping services, search services, personalized content and branded programming throughout its network of properties which may be accessed through any medium or device available or manufactured hereafter (SERVICE).

You understand and agree that the SERVICE may include advertisements and that these advertisements are necessary for G-Net to provide its Services to you. It is also understood that you agree that the SERVICE may include certain communications from G-Net such as service announcements, administrative messages and the G-Net newsletter, and that these communications are considered part of your G-Net membership and that you will not be able to "opt-out" of receiving said communications.

Unless explicitly stated otherwise, any new features that augment, enhance or otherwise modify the current SERVICE, including the release of new G-Net properties, shall be subject to the TOS.

Also, you understand and agree that the SERVICE provided by G-Net is provided on an "AS-IS" basis and that G-Net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the SERVICE which may involve paying third-party fees such as your Internet Service Provider or airtime charges. You are wholly and fully responsible for those fees including any which may be associated with the display or delivery of advertisements or other content provided on the SERVICE. In addition, you must provide and are responsible for any and all equipment necessary to access and utilize the SERVICE.

IV. Registration Obligations

In consideration of your use of the SERVICE, you represent that you are of legal age to form a binding contract and are not in anyway barred from receiving SERVICES under the laws of the United States of America or other applicable jurisdictions. You also agree to provide true, accurate, current and complete information about yourself as requested by the SERVICE registration form (REGISTRATION DATA) and that you maintain and promptly update the REGISTRATION DATA to keep it true, accurate, current and complete.

If you provide any REGISTRATION DATA or otherwise information which is false, inaccurate, not current or incomplete, or G-Net has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, G-Net reserves the right to suspend or terminate your account and refuse any and all current or future use of the SERVICE (or any portion thereof).

G-Net is concerned with the safety and privacy of all its users, particularly children. Please remember that in using the SERVICE that it is designed to appeal and accessed to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the SERVICE areas and/or CONTENT (as defined below in section 7) are appropriate for your child's viewing or exposure.

V. G-Net Privacy Policy

REGISTRATION DATA and other certain information about you is subject to our Privacy Policy. To view the full Privacy Policy, view http://gnet.shell.la/privacy.php. You understand that through your use of the SERVICE that you consent to the collection and use (as defined in the Privacy Policy) of this information including the transfer of this information to the United States of America and/or other countries for storage, processing and use by G-Net and its affiliates.

VI. Member Account, Password and Security

You will receive credential information including an account and password upon completing the SERVICE registration process. It is your responsibility for maintaining the confidentiality of this information and you assume full responsibility for all activities that occur under the use of your account or password.

If your account or password is ever compromised, you agree to immediately notify G-Net of any unauthorized use of your account or password or any other security breach. You also agree that you will completely exit out of your account at the end of each session it is used. G-Net cannot and will not be held liable for any loss or damage arising from your failure to comply with this section of the TOS.

VII. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tag, or other materials (CONTENT), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such CONTENT originated. This means that you, and not G-Net, are entirely responsible for all CONTENT that you upload, post, e-mail, transmit or otherwise make available via the SERVICE. G-Net does not control the CONTENT posted via the SERVICE and, as such, does not make any guarantee as to the accuracy, integrity, or quality of such CONTENT.

You understand that through your use of the SERVICE, you may be exposed to CONTENT which may be offensive, pornographic, indecent or otherwise objectionable. Under no circumstances will G-Net  be liable in any way for any CONTENT, including but not limited to, any errors or omissions in any CONTENT, or any loss or damage of any kind incurred as a result of the use of any CONTENT posted, e-mailed, transmitted or otherwise made available via the SERVICE.

You agree to not use the SERVICE for:

• Uploading, posting, e-mailing, transmitting or otherwise making available any CONTENT which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harming minors in any way;
• Impersonating any person or entity, including but not limited to, a G-Net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forgery of headers or otherwise manipulating identifiers in order to disguise the origin of any CONTENT transmitted through the SERVICE;
• Uploading, posting, e-mailing, transmitting or otherwise making available any CONTENT that you do not have the right to make available under any law or contractual or fiduciary relationships (such as insider information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Uploading, posting, e-mailing, transmitting or otherwise making available any CONTENT that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights (RIGHTS) of any party;
• Uploading, posting, e-mailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping) that are designated for such purposes;
• Uploading, posting, e-mailing, transmitting, or otherwise making available any material which contains any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Uploading, posting, e-mailing, transmitting or otherwise making available any material that can be classified as being of a broadcast or streaming type of format;
• Interfering with or disrupting the SERVICE or servers or networks connected to the SERVICE, or disobeying any requirements, procedures, policies, or regulations of networks connected to the SERVICE;
• Intentionally or unintentionally violating any applicable local, state, national, or international law, including but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or NASDAQ and any regulations having the force of law;
• Providing material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• Stalking or otherwise harassing another; and/or
• Uploading, posting, e-mailing, transmitting or otherwise making available material for the purposes of file distribution, relay, or streaming reasons;
• Collecting or storing personal data on or about other users in connection with the prohibited conduct and activities set forth in points one through fourteen above.

You acknowledge that G-Net may or may not pre-screen CONTENT, but that G-Net and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, alter, or delete any CONTENT that is available via the SERVICE. Without limiting the foregoing, G-Net and its designees shall have the right to remove any CONTENT that violates the TOS or is otherwise objectionable at the discretion of G-Net.

You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any CONTENT, including any reliance on the accuracy, completeness, or usefulness of such CONTENT. In this regard, you acknowledge that you may not rely on any CONTENT created by G-Net or submitted to G-Net, including without limitation, information in the G-Net message boards and in all other parts of the SERVICE.

You acknowledge, consent and agree that G-Net may access, preserve, and disclose your account information, REGISTRATION DATA and CONTENT if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to, comply with legal process and procedure, enforce the TOS, respond to claims that any CONTENT violates the rights of third parties, respond to your requests for support or customer service, or to, protect the rights, property or personal safety of G-Net, its users and the general public.

You understand that the technical processing and transmission of the SERVICE, including your CONTENT, may involve transmission over various networks and/or changes to your CONTENT to conform and adapt to technical requirements of connecting networks or devices.

You understand that the SERVICE and embodied software within the SERVICE may include security components that permit digital materials to be protected and that the use of these materials is subject to usage rules set forth by G-Net and/or content providers who provide content to the SERVICE. You may not attempt to override or circumvent any of the usage rules embedded into the SERVICE. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SERVICE in whole or in part, is strictly prohibited.

VIII. Interstate Nature of Communications on the G-Net Network

Upon registering with G-Net, you acknowledge that in using G-Net's SERVICE to send electronic communications (including but not limited to, e-mail, uploading photos and files, or other Internet activities), you will be causing communications to be sent through Byetact's computer networks, portions of which are located in the state of California, the state of Ohio and the United Kingdom as well as other locations within the United States and/or portions of which are located in other parts of the civilized world. As a result of the G-Net network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature, can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.

Accordingly, by agreeing to this TOS, you acknowledge that your use of the service can and may result in interstate data transmissions.

IX. Special Admonitions for International Usage

Recognizing the global nature of the Internet, you agree to comply and abide by all local rules regarding online conduct and acceptable CONTENT; specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.

X. Ownership of User Submitted Content

G-Net does not claim ownership of CONTENT you submit or make available for inclusion on the SERVICE, however, with respect to CONTENT you submit or make available for inclusion on publicly accessible areas of the SERVICE, you grant G-Net the following worldwide, royalty-free and non-exclusive license(s) as applicable:

With respect to CONTENT you submit or make available for inclusion on publicly accessible areas of G-Net servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such CONTENT on the SERVICE solely for the purposes of providing and promoting the G-Net SERVICE to which such CONTENT was submitted or made available. This license exists only as long as you elect to continue to include such CONTENT on the SERVICE and will terminate at the time you or Byetact remove such CONTENT from the SERVICE.

With respect to photos, graphics, audio, or video that you submit or make available for inclusion on publicly accessible areas of the SERVICE other than G-Net servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such CONTENT on the SERVICE solely for the purpose for which such CONTENT was submitted or made available. This license exists only as long as you elect to continue to include such CO|NTENT on the SERVICE and will terminate at the time you remove or G-Net removes such CONTENT from the SERVICE.

With respect to CONTENT other than photos, graphics, audio, or video that you submit or make available for inclusion on publicly accessible areas of the SERVICE other than G-Net servers, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such CONTENT (in whole or in part) and to incorporate such CONTENT into other works in any format or medium known now or later developed.

Publicly accessible areas of the SERVICE are those areas of the G-Net network of properties that are intended by G-Net to be available and utilized by the general public. By way of example, publicly accessible areas of the SERVICE would include G-Net message boards and all areas that are open to both members and visitors alike. However, publicly accessible areas of the SERVICE would not include portions of G-Net servers that are limited to members, G-Net services which are intended for private communications such as G-Net mail or, areas off of the G-Net network of properties such as portions of  World Wide Web sites that are accessible via hypertext or other links that are not hosted or served by G-Net.

XI. Contributions to G-Net

In submitting ideas, suggestions, documents, and/or proposals (CONTRIBUTIONS) to G-Net through forum or contact forums, you acknowledge and agree that, your CONTRIBUTIONS do not contain confidential or proprietary information, that G-Net is not under any obligation of confidentiality, express, written or implied with respect to the CONTRIBUTIONS, that G-Net will be entitled to use or disclose (or elect to not use or disclose) such CONTRIBUTIONS for any purpose, in any way, in any media worldwide, that G-Net may have something similar to the CONTRIBUTIONS already under consideration or in development, that your CONTRIBUTIONS automatically become the property of G-Net without any obligation of G-Net to you, and, that you are not entitled to any compensation or reimbursement of any kind from G-Net or its affiliates under any circumstances.

XII. Indemnity

You agree to indemnify and hold harmless G-Net and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of CONTENT you submit, post, transmit or otherwise make available through the SERVICE, your use of the SERVICE, your connection to the SERVICE, your violation of the TOS or you violation of any rights of another.

XIII. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the SERVICE (including your Byethost ID), use of the SERVICE or access to the SERVICE.

XIV. General Practices Regarding Use and Storage

You acknowledge that G-Net may establish general practices and limits concerning use of the SERVICE, including without limitation, the maximum number of days that idle hosting hosting accounts, message board posts, or other uploaded CONTENT will be retained by the SERVICE, the maximum number of e-mail messages that may be sent from or received by an account on the SERVICE, the maximum size of any e-mail message that may be sent from or received by an account on the SERVICE, the maximum disk space that will be allotted on G-Net's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the SERVICE in a given period of time.

You agree that G-Net has no responsibility or liability for the deletion or failure to store any messages and other communications or other CONTENT maintained or transmitted by the SERVICE. You also acknowledge that G-Net reserves the right to log off accounts that are inactive for an extended period of time and furthermore, acknowledge that G-Net reserves the right to modify these general practices and limits periodically with or without notice to you.

XV. Modifications to Services

G-Net reserves the right to, at any time modify, discontinue, temporarily or permanently, the SERVICE or any part thereof with or without notification to you.

You agree that G-Net in exercising this right shall not be held liable to you or to any other third party for any modification, suspension, or discontinuance of the SERVICE.

XVI. Termination

You agree that G-Net may, under certain circumstances and without prior notice, immediately terminate your G-Net account, any associated e-mail address, and access to the SERVICE.

Cause for such termination shall include but not be limited to:

• Breaches or violations of the TOS or other incorporated agreements or guidelines;
• Requests by law enforcement or other government agencies;
• A request by you (self-initiated account deletions);
• Discontinuance or material modification to the SERVICE (or any part thereof);
• Unexpected technical or security issues or problems;
• Extended periods of inactivity;
• Engagement by you in fraudulent or illegal activities;
• Non-payment of any fees owed by you in connection with provided SERVICE.

Termination of your account includes, removal of access to all offerings within the SERVICE including but not limited to:

• Hosting accounts;
• E-mail services;
• SQL databases;
• Deletion of your password and all related information, files and CONTENT associated with or inside your account (or any part thereof);
• Barring of further and future use of the SERVICE

Furthermore, you agree that all terminations for cause shall be made at the sole discretion of G-Net and that G-Net shall be not liable to you or any third party for any termination of your account, associated e-mail address or access to the SERVICE.

XVII. Dealings with Advertisers

Your correspondence or business dealings with, or participation in or promotions of, advertisers found on or through the SERVICE, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that G-Net shall not be held responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the SERVICE.

XVIII. Links

The SERVICE may provide, or third parties may provide, links to other World Wide Web sites or resources. Because G-Net has no control over such sites or resources, you acknowledge and agree that G-Net is not responsible for the availability of such external sites or resources, and that G-Net does not endorse and is not responsible or liable for any CONTENT, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that G-Net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such CONTENT, goods or services available on or through any such site or resource.

XIX. G-Net's Proprietary Rights

You acknowledge and agree that the SERVICE and any necessary software used in connection with the SERVICE (SOFTWARE) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that CONTENT contained in sponsor advertisement or information presented to you through the SERVICE or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorized by G-Net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the SERVICE or the SOFTWARE, in whole or in part.

XX. Free Domain With Paid Hosting

You understand that domains registered through G-Net are done so in partnership with Byethost Internet Group which will retain ownership of any and all free domains registered through G-Net. If requested, Byethost will allow the 'transfer' of any free domains to an alternative domain hosting provider if a transfer administration fee is paid which amounts to $29.99. If the service has been provisioned for over 12 months, Byethost may waiver the above mentioned fee. Byethost reserves the right to cancel or transfer domain names which are provided with paid hosting accounts and reserve the right to renew or allow expiration of domain names registered through G-Net.

You understand that free domain names which are included with Paid Hosting accounts are the property of Byethost Internet Group in partnership with G-Net and that Byethost will always retain ownership of free domains registered through G-Net. If requested, G-Net will

XXI. Disclaimer of Warranties

You expressly understand and agree to the following:

• Your use of the SERVICE is at your sole risk. The SERVICE is provided on an "AS-IS" and "AS AVAILABLE" basis. G-Net and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any and all kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular use and non-infringement.
• G-Net and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that...
  
  
  • The SERVICE will meet your requirements;
  • The SERVICE will be uninterrupted, timely, secure and/or error-free;
  • The results that may be obtained from the use of the SERVICE will be accurate or reliable;
  • The quality of any products, services, information or other material purchased or obtained by you through the SERVICE will meet your expectations; and
  • Any errors in the software will be corrected.
    
    
• Any material downloaded or otherwise obtained through the use of the SERVICE is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
• No advice or information, whether oral or written, obtained by you from G-Net or through or from the SERVICE shall create any warranty not expressly stated in the TOS.
• A small percentage of users may experience epileptic seizures when exposed to certain light patterns or frequencies or backgrounds on a computer screen or while using the SERVICE, certain conditions may induce previously undetected epileptic symptoms even in users who have no history or prior seizures or epilepsy. If you or anyone in your family, have an epileptic condition, consult your physician prior to using the SERVICE. Immediately discontinue use of the SERVICE and consult your physician if you experience any of the following symptoms while using the SERVICE, dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

XXII. Limitation of Liability

You expressly understand and agree that G-Net and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if G-Net has been advised of the possibility of such damages), resulting from...

• The use or inability to use the SERVICE;
• The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SERVICE;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the service;
• Any other matter relating to the SERVICE.

XXIII. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, accordingly some of the above limitations of section 21 and 22 may not apply to you.

XXIV. Notices

You agree and understand that G-Net may provide you with notifications including those related to changes to the TOS by any means including e-mail, regular mail and/or postings on the SERVICE.

XXV. Intellectual Infringement Procedure

G-Net respects intellectual property rights of others and we as that our users do the same. G-Net may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

If you believe the work has been copied in a way that constitutes copyright infringement , or your intellectual property rights have been otherwise violated, please provide G-Net with the following information:

• An Electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringed is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright holder, its agent or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.

E-mail all the above requested information to: abuse@gnet.shell.la

XXVI. General Information

Entire Agreement

The TOS constitutes the entire agreement between you and G-Net and govern your use of the SERVICE, superseding any prior agreements between you and G-Net with respect to the SERVICE. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other G-Net services, affiliate services, third-party content or third-part software.

Waiver and Severability of Terms

The failure of G-Net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICE or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

XXVII. Violations

All violations should be reported to abuse@gnet.shell.la