Terms of Service

Last revised: March 15, 2003

This Terms of Service Agreement ("Agreement") is entered into by and between GinkoSoft ("GinkoSoft", "we", "us") and the individual or entity ("Customer", "you") who registers for or uses GinkoSoft web hosting services. By activating your account, you agree to be bound by the terms and conditions set forth in this Agreement.

1. Service Description

GinkoSoft provides shared web hosting services including, but not limited to, disk storage, data transfer (bandwidth), email accounts, FTP access, CGI-BIN execution, PHP and Perl scripting, MySQL database hosting, and domain name registration. Service levels and resource allocations are determined by the hosting plan selected at the time of account activation.

2. Account Activation and Billing

Accounts are activated within 24 hours of receipt of payment. All hosting fees are billed in advance on a monthly or annual basis, depending on the billing cycle selected by the Customer. Payments are accepted via credit card (Visa, MasterCard, American Express, Discover), PayPal, check, or money order. Checks and money orders must be received before account activation.

Monthly accounts are billed on the same date each month. Annual accounts receive a discount equivalent to two (2) months of free service. Accounts not paid within seven (7) days of the billing date will be suspended. Accounts suspended for non-payment for more than thirty (30) days may be terminated and all data deleted.

3. Acceptable Use Policy

Customer agrees to use GinkoSoft hosting services in a lawful manner and in compliance with all applicable federal, state, and local laws. The following activities are strictly prohibited:

  1. Distribution of unsolicited bulk email ("spam") or operation of open mail relays
  2. Hosting of warez, pirated software, serial numbers, or cracking utilities
  3. Hosting of adult/pornographic content without prior written authorization
  4. Operation of IRC bots, BNC, or EggDrop shells
  5. Running background daemons, BitTorrent clients, or peer-to-peer file sharing software
  6. Hosting content that infringes on copyrights, trademarks, or intellectual property rights of third parties
  7. Attempting to gain unauthorized access to other accounts, servers, or networks ("hacking")
  8. Running scripts or processes that consume excessive CPU, memory, or bandwidth resources to the detriment of other customers on the shared server
  9. Hosting proxy scripts, anonymizers, or formmail scripts that are open to third-party abuse
  10. Use of the hosting account primarily as a file storage or backup repository

GinkoSoft reserves the right to suspend or terminate any account found in violation of this Acceptable Use Policy without prior notice or refund.

4. Resource Usage

GinkoSoft shared hosting accounts are intended for normal web hosting purposes. Accounts that utilize more than 10% of system resources (CPU, memory, I/O) for a sustained period may be asked to optimize their scripts or upgrade to a dedicated server. Disk space must be used for web-accessible content; storing archives, backups, or non-web-accessible data is not permitted.

Bandwidth is calculated on a calendar month basis. Accounts that exceed their monthly bandwidth allocation will be suspended until the next billing cycle unless additional bandwidth is purchased at a rate of $1.00 per gigabyte.

5. Backups and Data Loss

GinkoSoft performs nightly incremental backups and weekly full backups of all server data for disaster recovery purposes. However, these backups are maintained solely for the benefit of GinkoSoft and are not guaranteed to be available for individual account restoration. Customers are strongly encouraged to maintain their own backups via FTP.

GinkoSoft shall not be held liable for any loss of data, regardless of cause, including but not limited to hardware failure, software malfunction, natural disaster, or human error.

6. Uptime Guarantee

GinkoSoft guarantees 99.9% network uptime on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance is performed between 2:00 AM and 6:00 AM Central Standard Time and will be announced at least 48 hours in advance via the GinkoSoft customer portal. In the event that network uptime falls below 99.9% in any calendar month, affected customers may request a pro-rated service credit for the period of downtime. Service credits must be requested within fifteen (15) days of the downtime event. Credits shall not exceed the monthly hosting fee for the affected account.

7. Domain Registration

Free domain registration is offered with annual hosting plans as a promotional benefit. Domains are registered for a period of one (1) year through our registrar partner. Renewal of domain registrations is the responsibility of the Customer. GinkoSoft is not liable for expired domain names or loss of domain ownership resulting from failure to renew. Domain transfer-out requests will be processed within five (5) business days.

8. Money-Back Guarantee

New customers are entitled to a full refund of hosting fees if cancellation is requested within thirty (30) days of initial account activation. The money-back guarantee applies only to hosting fees; domain registration fees, setup fees (if applicable), and additional service charges are non-refundable. The guarantee is available only for first-time accounts; it does not apply to account renewals, upgrades, or additional accounts opened by the same Customer.

9. Account Cancellation

Customers may cancel their hosting account at any time by submitting a cancellation request through the GinkoSoft customer portal or by sending a written request via email to the support department. Cancellation requests must be received at least five (5) business days prior to the next billing date to avoid charges for the following period. Upon cancellation, all account data will be retained for seven (7) days and then permanently deleted.

10. Limitation of Liability

In no event shall GinkoSoft, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with the use or inability to use GinkoSoft services. GinkoSoft's total liability to any Customer for any claim arising from or related to the services shall not exceed the total amount of hosting fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.

11. Indemnification

Customer agrees to indemnify and hold harmless GinkoSoft, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Customer's use of GinkoSoft services, Customer's violation of this Agreement, or Customer's violation of any rights of any third party.

12. Modifications to Terms

GinkoSoft reserves the right to modify these Terms of Service at any time. Changes will be posted to the GinkoSoft website and will be effective immediately upon posting. Continued use of GinkoSoft services following the posting of changes constitutes acceptance of those changes. Customers are encouraged to review this page periodically.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Lubbock County, Texas.

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