Client Remote Support
   


TERMS OF SERVICE

Gish Network ("The Company") agrees to furnish services to selected Subscribers (the Subscriber), subject to the following TOS (Terms of Service).

Use of Gish Network's Services constitutes acceptance and agreement to Gish Network's AUP as well as Gish Network's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Gish Network and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of California.
  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Gish Network shall have the right to terminate all service set forth in this Agreement.

  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the posted due date of invoice.

  4. Payments and Fees: Checks returned for any reason are subject to a $29.00 returned item charge. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts not paid by due date are subject to a $5 late fee.

  5. Refund and Disputes: All payments to Gish Network are nonrefundable. This includes one time setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Gish Network's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Gish Network an "Administrative Fee" of not less than $50 and not more than $150.

  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

  7. Account Cancellation: Requests for canceling accounts may be made with at least 30 days notice.

  8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

  9. SPAM and Unsolicited Commercial Email (UCE): Gish Network takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Gish Network may not use or permit others to use our network to transact in UCE. Customers of Gish Network may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.

    1. Violation of Gish Network's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Gish Network will initiate an immediate investigation (within 48 hours of notification). During the investigation, Gish Network may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Gish Network may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Gish Network reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Gish Network will notify law enforcement officials if the violation is believed to be a criminal offense.

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Gish Network personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

    3. As our Customers are ultimately responsible for the actions of their employees over Gish Network's network, it is advisable that Customers develop a similar, or stricter, policy for their employees.


  10. Network

    1. Website ownership: Customer facing websites that are developed for the client, are the clients property. Backend and/or SaaS model software, such as Seebase are subscription services and belong to Gish Network. At no time does ownership transfer for services including but not limited to Seebase, Intouch, and Itools. Seebase follows an industry standard SaaS model.

    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Gish Network will monitor Customer's bandwidth and disk usage. Gish Network shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Gish Network's sole and absolute discretion. If Gish Network takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, Gish Network may, at its sole discretion, collect a deposit, in the amount of $0.50 per GB, against customer's credit card on file with Gish Network. Data transfer in excess of each server's monthly allowance is automatically billed on each month, for the previous calendar month. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of Gish Network. Violations of system or network security may result in civil or criminal liability. Gish Network will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

      5. Taking any action in order to obtain services to which such User is not entitled.


  11. Notification of Violation:

    1. Gish Network is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

    2. First violation: Any User, which Gish Network determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Gish Network's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

    3. Second Violation: Users that Gish Network determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.


  12. Suspension of Service or Cancellation: Gish Network reserves the right to suspend network access to any customer if in the judgment of the Gish Network's network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Gish Network chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

  13. Gish Network reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Gish Network must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

  14. Indemnification: Gish Network wishes to emphasize that in agreeing to the Gish Network Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Gish Network for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Gish Network or the bringing of any claim against Gish Network by any third-party. This means that if Gish Network is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Gish Network, plus all costs and attorney's fees.

  15. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

    3. Gish Network takes no responsibility for any material input by others and not posted to the Network by Gish Network. Gish Network is not responsible for the content of any other websites linked to the Gish Network; links are provided as Internet navigation tools only. Gish Network disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    4. Gish Network is not responsible for any damages your business may suffer. Gish Network does not make implied or written warranties for any of our services. Gish Network denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Gish Network

    5. It is absolutely forbidden to host pornographic content. Accounts found hosting this material will be subject to immediate cancellation without refund.

  16. Responsibility for Content: You, as Gish Network's customer, are solely responsible for the content stored on and served by your Gish Network server.


  17. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

    Gish Network may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Gish Network established with certain commercial vendors, ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Gish Network and not by the Third Party Vendor. Neither Gish Network nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Gish Network or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Gish Network nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Gish Network with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

  18. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

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