Hosting Terms of Service

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This Hosting Agreement (the "Agreement") is made between Guaranty Trust Bank (Ghana) Limited ("GTBank" or "Company"), and any client who orders GTBank Services ("You" or "Your") Each of GTBank and Client referred to as a "Party" and collectively as "Parties" under this Agreement.

The Agreement applies to the Client's use of the Services and is governed by these Hosting Terms of Service which include general Terms of Service, and the terms of your Order which may have additional Product Terms and Conditions that apply to the particular services in your Order set forth on GTBank's website, as the same may be modified by GTBank from time to time and all of GTBank's policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the "Agreement"). GTBank may modify the Agreement and any other applicable Product Terms from time to time in its sole discretion, which modifications will be effective upon posting to GTBank's website.

The Client acknowledges that its electronic approval constitutes an acceptance to the Agreement for transaction performed on the website. GTBank may in its sole discretion accept or reject any Order submitted. GTBank’s provisioning of the services described in an Order shall be GTBank’s acceptance of the Order. If the Client enters into this Agreement on behalf of another legal entity the Client warrants and represents to that it has the legal authority to bind that entity to this Agreement. The Client shall acknowledge and agree to use this service for legitimate uses.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE GTBANK’S SERVICE, THE CLIENT ACKNOWLEDGES THAT IT HAS READ, UNDERSTAND AND AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH GTBANK MAY ESTABLISH FROM TIME TO TIME. THE CLIENT MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.

In addition, when the Client use its account or permits another entity to use it otherwise acquire access to additional services or to cancel their services (even if GTBank were not notified of such authorization), the Client agrees to be bound by the terms of this Agreement for transactions entered into on its behalf by such entity

Definitions

Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:

"Client Data" means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services.

"Order" means (i) the online order that you submit or accept for the Services, (ii) any other written order (either in electronic or paper form) provided to the Client by GTBank for signature that describes the type or types of services you are purchasing, and that is signed by the Client, either manually or electronically, and (iii) the Client's use or provisioning of the Services through the GTBank cloud control panel or through an API.

"Personal Data" means any information that is referred to as personal identifiable information, personal data or personal information (or other like term) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.

"Product Terms and Conditions" means the terms and conditions that are incorporated by reference in this Agreement and that state additional terms and conditions for the particular Services ordered.

"Support" means (i) GTBank employees and contractors with training and experience relative to the Services will be available ‘live’ by telephone, chat and ticket twenty-four (24) hours per day, seven (7) days per week, all year round, and (ii) any additional level of assistance offered by GTBank for the specific Services described in the applicable Product Terms and Conditions or Order.

"Claims" means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.

Confidential Information" means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Reseller data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:

  • is or becomes a part of the public domain through no act or omission of the Receiving Party;
  • was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party;
  • is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or
  • is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law.

Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees, mandataries or agents in violation of the terms of this Agreement or applicable law.

"Intellectual Property Rights" means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.

GTBank Responsibilities

GTBank shall provide to the Client with the Services and Support subject to the terms and conditions of Agreement but this is dependent on your complete payment for the order before it is provisioned and then GTBank will comply with all laws applicable to its provision of the Services.

Content

All services provided by GTBank may only be used for lawful purposes. The laws of the Republic of Ghana apply. The Client agrees to indemnify and hold harmless GTBank from any claims resulting from the use of our services.

Use of the services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of the account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If the Client believes that its copyright or trademark is being infringed upon, please email gh.smehosting@gtbank.com with the information required. If the request is of a licensing issue, GTBank may require further documentation.

Using a shared account as a backup/storage device is not permitted. Please do not take backups of your backups.

Examples of unacceptable material on all Hosting accounts:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content for which you don't hold usage or distribution rights
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) and activities of any kind.
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • File upload, sharing, archive, backup, mirroring or distribution services
  • Website primarily created to distribute large documents, images, videos or drive traffic to other sites.
  • Heavy websites that may over-utilize bandwidth or resources (RAM, CPU, etc)
  • Torrent software
  • Network Daemons
  • Abusive scripts, processes
  • Adult Thumbnail Galleries / Banner Exchanges

GTBank services, including all related equipment, networks and network devices are provided only for authorized Client use. GTBank's systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survival, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of GTBank's system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. GTBank may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

GTBank reserves the right to refuse service to anyone. Any material that, in GTBank's judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from its servers (or otherwise disabled), with or without notice.

Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resource Usage

The Client may not:

  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. The Client may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes.
  • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include("include.php")
  • To help reduce usage, do not force html to handle server-side code (like php and shtml).
  • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

Client accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Clients leaving their catchall address enabled, but never checking its primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your the Client's mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: â€":fail: No such user here"

Bandwidth Usage

The Client shall be allocated a monthly bandwidth allowance. Should the Client's account exceed the allocated amount, GTBank reserves the right to

  • suspend the account until the start of the next allocation,
  • suspend the account until more bandwidth is purchased at an additional fee,
  • suspend the account until the Client upgrades to a higher level of package,
  • terminate the account and/or charge an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.