GKG SERVICE AGREEMENT
This Service Agreement ("Agreement") sets forth the terms and conditions of your use of all GKG.NET, INC.'s ("GKG") services offered through the GKG website ("services"). To complete the signup process for services, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policies and any rules or policies that are or may be published by GKG from time to time at www.gkg.net/policies. This Agreement will become effective when published by GKG. GKG may elect to accept or reject your service application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.
1. Domain RegistrationII. Service Feesa. General2. Domain Parking Services
b. Transfer of Ownership (change of Registrant)
c. Domain Transfers
e. Domain Renewals
f. Administrative Changes
g. Dispute Policies
h. Domain Name Registration Information and Its Use
i. Additional Information for .info Registrations
j. Additional Information for .name Registrations
k. Supplemental Registry Agreements for Certain TLDs
a. General3.Private Domain Registration (formerly known as GKG Domain Proxy Services)a. General4. Hosting Services
b. Domain Registration Benefits
c. Your Notification Obligations
d. Renewal of Service
e. Suspension and/or Termination of Service
f. Communications Forwarding
a. General5. Web Mail Services
c. Network Uptime
d. Hardware Guarantee
6. Dedicated Servers
a. Server Lease or Co-location7. Internet Service
b. Physical Access
c. Network Uptime
d. Server Maintenance
a. Acceptable Use8. Zone Hosting
b. Third Party Sites
9. Web Design
1. Payments for DomainsIV. Cancellation of Services
2. Payments for Other Services
1.Email ServicesVI. Anti-Spam Policy
2. Reporting and Processing Spam Complaints
3. Disputing A Spam Complaint/Decision
4. Inaccurate Whois Information
1. Information that is CollectedVIII. Changes to Service Agreement and/or Dispute Policies
2. What information is Released
1. Agents and Licenses
2. Limitation of Liability
3. Indemnification of GKG
4. Representations and Warranties
I.Description of Services
1. Domain Registration
GKG is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net, .org and .info Top Level Domains (TLDs). ICANN oversees the .com, .net, .org, .info, .biz, .aero, .pro, .coop, .name and .museum TLDs. As an accredited domain name registrar, GKG is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for .com, .net, .org, .info, .name, .us, and .biz and any other domain name extension we may add in the future, are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the .com, .net, .org, .info or other TLDs, as applicable, and the registry administrator puts into effect your domain name registration.
You agree and acknowledge that GKG is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.
You further agree that your domain will be registered with the information that you provided. In addition, GKG will place all domains on TRANSFER LOCK status after registration. This status will prevent all domain transfers while enabled. Domain contacts may log into their account and disable this status.
You further agree to indemnify, defend and hold harmless GKG, the registry administrator and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration.
b. Transfer of Ownership (change of Registrant)
You agree that a change in ownership constitutes a transfer transfer of your domain name(s) and as such shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
The entity named as the Registrant contact at the time the controlling user name and password are secured shall be the account holder of the domain name. Furthermore, the organization named as the registrant will be considered the primary domain holder while the individual will be considered the primary domain holder when no organization is involved in the registration. You agree that as a condition of any transfer of ownership of your domain name to another entity, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to keep the domain on Registrar Lock for 60 days after any Registrant Transfer and that they will also be bound by all terms and conditions of this Agreement. You acknowledge and agree that if you attempt to transfer your domain name registration and the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name. Any change to the Registrant Account, will be considered a Transfer of Ownership and treated as defined in this section.
c. Domain Transfers
You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
When you transfer your domain name registration to GKG you will be required to extend your existing registration for one year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years and provided that GKG has not clearly stated that your domain's existing registration will not be extended. This additional year applies regardless of the period remaining on your current registration. You will not lose any of the time remaining on your current registration unless your domain was renewed with the previous registrar within 45 days of the transfer becoming effective. In this instance, the previous registrar will remove the renewed year (although GKG will still extend the registration period). In such an instance, it is the domain registrant's responsibility to contact the previous registrar regarding a potential refund. Once the transfer has been authorized and processed, GKG shall become the Registrar of record.
ii. Initiation of Transfer to GKG
Only the registrant or
administrative contact of the domain name registration may initiate a request to transfer that
domain name registration from another Registrar to GKG. By submitting the transfer request, you
hereby represent that you have the full and complete authority in your role as either the
domain's registrant or administrative contact to initiate this transfer. GKG, at its sole
discretion, may require you to provide documentation that proves that you are either the domain's
registrant or administrative contact and that you have initiated this transfer request.
The request to transfer a domain name registration from one Registrar to another may be denied
(1) during the first 60 days after initial registration of the domain name with the original Registrar,
(2) in accordance with circumstances described in the Domain Name Dispute Policy,
(3) if there is a pending bankruptcy of the domain name holder
(4) if there is a dispute over the identity of the domain name holder,
(5) by operation of law, or at the discretion of the then current Registrar.
iii. Initiation of Transfer from GKG
Once GKG receives a transfer request to another registrar an authorization request will be generated and sent to each of the domain contacts via email. If approval is explicitly received or no response is received, GKG will approve the transfer. If approval is explicitly denied within 5 days, GKG will deny the transfer. GKG will always accept and act upon the first response to an authorization request email.
GKG will place all domains on TRANSFER LOCK status after registration. This status will prevent all domain transfers while enabled. Domain contacts may log into their account and disable this status.
No domain that is on LOCK or HOLD status will be transferred. Domains may be placed on LOCK or HOLD for several reasons:
(a) The domain has been placed on TRANSFER LOCK as part of a new domain registration or at a domain contact's discretion.
(b) The domain is expired.
(c) The domain is currently under dispute.
(d) The domain is associated with a chargeback
(e) The domain holder has a balance due on a GKG services account
(f) Any other reason deemed necessary by GKG in its sole discretion.
You explicitly authorize us to act as your “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy) on your behalf. For clarity, this agency status is limited to this particular policy.
You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full and accurate contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.
e. Domain Renewals
All domains are registered for a predetermined period determined at the time of the domain’s registration. This period will not be less than one year and cannot exceed 10 years. Upon the expiration of this period, you shall no longer have a claim to the domain unless the renewal process is completed successfully and i all renewal fees are paid in full.
By completing the domain renewal process, you hereby represent that you have the full and complete authority in your role as a domain contact to initiate and complete the renewal process. GKG, at its sole discretion, may require you to provide documentation that proves that you are a domain contact or that you have the proper authorization to initiate and complete the renewal process. In addition, you agree to have the domain left on Registrar Lock for a minimum of 60 days following any renewal, in order to ensure there are no charge-backs, fraud, or any other potential problems that might be tied to the renewal of the domain(s).
GKG will notify all domain contacts via email of pending domain renewals. If you use a spam control program, it is your sole responsibility to ensure that you have taken steps to include all emails received from any @gkg.net email account in your whitelist. GKG sends these emails to the email addresses on file for the GKG Usernames designated as domain contacts. It is your sole responsibility to ensure that GKG has the most accurate contact information as stated in Section I.1.f. These renewal notifications are sent on a predetermined timeframe before the actual expiration date.
(1) The first notice will be sent sixty (60) days before the domain's expiration date.
(2) The second notice will be sent thirty (30) days before the domain's expiration date.
(3) The third notice will be sent fifteen (15) days before the domain's expiration date.
(4) The fourth notice will be sent (7) days before the domain's expiration date.
(5) The fifth and final notice will be sent one day after the domain expires.
Upon expiration you will no longer have legitimate access and rights to the domain name. GKG may at our sole discretion allow the domain registration to remain active in an attempt to allow the renewal process to complete. However, if a domain is not renewed by the expiration date, GKG is completely within our rights to delete or keep the expired domain.
Upon deletion the only method of retaining a domain's registration is to restore the domain, which you can do here: https://www.gkg.net/protected/domain/renew. By restoring a domain, you agree to pay the $80 non-refundable domain restore fee. Furthermore, you agree to be bound by all applicable sections of this Agreement.
f. Administrative Changes
You may access your domain name registration information in GKG's possession to review, modify or update such information, by accessing our domain management tools, made available at our Web site (http://www.gkg.net). Access to our domain management tools is provided based on username/password authentication security. If you are not able to access our domain management tools, GKG can make administrative changes for you after you provide the proper documentation and pay the appropriate administrative fee. In addition, you will agree to keep the domain on Registrar Lock for a minimum of 60 days or longer at GKG's sole discretion, to ensure there are no complications related to the administrative change. What constitutes proper documentation is solely determined by GKG and will be posted in the domain management tools section of our web site (http://www.gkg.net).
g. Dispute Policies
You agree to be bound by the GKG Domain Name Dispute Policies, which are hereby incorporated and made a part of this Agreement by reference. The Dispute Policies can be found at http://www.gkg.net/policies/dispute.html. You agree to abide by the provisions specified in the Dispute Policies, in the event a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold GKG harmless pursuant to the terms and conditions contained in the Dispute Policies. If you use a spam control program, it is your sole responsibility to ensure that you have taken steps to include all emails received from any @gkg.net email account in your whitelist.
h. Domain Name Registration Information and Its Use
i. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update promptly this information as requested by GKG to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
(a) Your name, postal address, or physical address, e-mail address, voice telephone number, and where available, fax number (or if different, that of the domain name holder);
(b) The domain name being registered;
(c) The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and
(d) The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name.
(e) The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may be cancelled, at the discretion of GKG, without refunds.
All other information, which we may request from you at registration, is voluntary, unless otherwise specified. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
If you use a spam control program, it is your sole responsibility to ensure that you have taken steps to include all emails received from any @gkg.net email account in your whitelist.
ii. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
(a) The original creation date of the registration;
(b) The submission date and time of the registration application to us and by us to the proper registry;
(c) Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
(d) Records of account for your domain name registration, including dates and amounts of all payments and refunds;
(e) The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
(f) The corresponding names of those nameservers;
(g)The expiration date of the registration;
(h) Miscellaneous information regarding all other activity between you and us regarding your domain name registration and related services.
iii. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement and (c) that you have obtained that third party's express consent that they agree to be bound by this agreement.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond within fifteen (15) calendar days to inquiries by GKG concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You also acknowledge that GKG may require a quicker response time in order to keep your domain active.
iv. Disclosure and Use of Registration Information. You agree and acknowledge that GKG will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that GKG may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that GKG may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by GKG.
You may access your domain name registration information in GKG's possession to review, modify or update such information, by accessing our domain management tools, made available at our Web site (http://www.gkg.net).
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations, which we describe in this Agreement.
GKG will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
v. Ownership of Data
You agree and acknowledge that GKG owns all databases, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which GKG is the sponsoring Registrar:
(a) the original creation date of the registration,
(b) the expiration date of the registration,
(c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration,
(d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and
(e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers.
GKG does not have any ownership interest in your specific personal registration information outside of its rights in GKG's domain name database, or other rights specifically set out elsewhere herein.
i. Additional Requirements for .info domain registrations
There are several additional requirements for .info domain registration. To register a .info domain, you are required to:
i. consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by Registry Operator and its designees and agents.
ii. submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
iii. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
iv. acknowledge that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
Furthermore, for .info domain registrations, GKG will apply this additional language to the indemnification provisions set forth in Section IX.3 below:
By submitting an application to register a .info domain name registration, you
i. acknowledge that the .info registry will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the .info "Sunrise Period" or the .info "Land Rush Period", including, without limitation:
(a) the ability or inability of a registrant to obtain a .info domain name registration during these periods, and
(b) the results of any dispute over a .info domain name registration registered during the .info "Sunrise Period",
ii. acknowledge and agree that GKG will share with the .info registry information submitted by you in connection with your .info domain name application and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info registry and its designees and agents in connection with the .info registry's obligations to GKG and third parties or as otherwise required by the .info registry,
iii. agree to immediately correct and update the registration information for your .info domain name registration during the registration term for such domain name.
j. Additional Information for .name Registrations
Registrations in the .name TLD must constitute an individual's Personal Name. For purposes of the .name restrictions, a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
i. .Name Email Restrictions
(a) The service for which you have registered may, at your option, include .name Email Forwarding. To the extent you opt to use .name Email Forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of .name Email Forwarding, including the content of messages sent through .name Email Forwarding.
(b) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, available at www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use .name Email Forwarding:
(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list.
Users are not permitted to provide false names or in any other way to pose as somebody else when using .name Email Forwarding.
(c) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's .name Email Forwarding.
(d) You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of ,name Email Forwarding. You further understand and agree that Registry Operator is at liberty to block your access to .name Email Forwarding if you use .name Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the .name Email Forwarding unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue .name Email Forwarding without notice if the technical stability of .name Email Forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing .name Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
(e) You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your .name Email Forwarding, Registry Operator will do so in accordance with such requirement and without notice to you.
The NameWatch service allows monitoring of all registrations on the .name gTLD. Any registration of a .name, both Domain Names and .name Email Forwarding, where the trademark/string is included, will trigger notification. This will allow the intellectual property holder early identification of potential threats. The reports, which cover both Domain Names and .name Email Forwarding, are available daily, weekly or monthly and can significantly increase the trademark holder's protection and follow-up of the trademark; provided that either the Registry Operator or GKG provides no guarantee that any potential threats will be identified.
iii. Defensive Registrations
(a) Defensive Registrations allow owners of trademarks to exclusively pre-register on the .name space and create a protective barrier for their trademarks. A Defensive Registration is a registration granted to a registrant which aims to prevent a third party from registering either any variation of a trademark (a Premium Defensive Registration), or an exact match of a trademark (a Standard Defensive Registration), which registration will not resolve within the domain name system.
(b) You agree that, if your Defensive Registration is challenged by a third party, you will be subject to the provisions specified in our Defensive Registration dispute policy in effect at the time of the dispute. You agree that in the event a Defensive Registration dispute arises with any third party, you will indemnify and hold GKG harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your Defensive Registration, you agree not to make any changes to your Defensive Registration record without our prior approval. We may not allow you to make changes to such Defensive Registration record until we are directed to do so by the judicial or administrative body, or we receive notification by you and the other party contesting your Defensive Registration and use of our domain name registration services that the dispute has been settled.
(c) If you registered a Defensive Registration, you agree that:
(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP") at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm which is incorporated herein and made an integral part hereof;
(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and
(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures of the ERDRP.
(d) Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out the second level PQR.name, and the third level registrations ANYSTRING.PQR.name and PQR.ANYSTRING.name and their corresponding email addresses), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have 10 days to respond to a request for consent.
k. Supplemental Registry Agreements for Certain TLDs
Below are links to registries that may have additional contractional requirements that you agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions provided by these registries:
2. Parking Services
GKG currently offers several parking packages described in detail at http://www.gkg.net/domain/. Parking customers agree to abide by all applicable sections of this agreement.
All parking services are offered as is and there are no guarantees that any service will be added in the future. The purchase of a parking package does not guarantee anything beyond the use of GKG's primary and secondary parking DNS as is, to be used as determined at the sole discretion of GKG. GKG does not warrant or guarantee any level of service in the use of the GKG parking services including the use of GKG mail servers or web servers.
3. Private Domain Registration (formerly known as GKG Domain Proxy Services)
The purpose of the GKG PRIVATE DOMAIN REGISTRATION service is to maximize your right to privacy to the greatest extent possible. However, due to ICANN regulations, we must release your contact information upon receipt of written requests from third parties that demonstrate a legitimate need for said information. These requests must be accompanied by GKG's standard administrative fee. GKG will notify you when your information is released and provide you with the contact information of the party to whom it was released. When you subscribe to GKG PRIVATE DOMAIN REGISTRATION through GKG or any of its affiliates, each and any available domain name registration, registered with GKG that you designate will thereafter be registered in the name of GKG PRIVATE DOMAIN REGISTRATION, as all contacts. Customer agrees to abide by all applicable sections of this agreement.
In exchange for GKG PRIVATE DOMAIN REGISTRATION becoming the contacts of each domain name registration on your behalf, GKG shall keep your name, postal address, email address, phone and fax numbers confidential, subject to Section I.3.e of this Agreement. When GKG PRIVATE DOMAIN REGISTRATION becomes the contacts of Your domain name(s), the following GKG PRIVATE DOMAIN REGISTRATION information (and not your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:
i. GKG PRIVATE DOMAIN REGISTRATION's name, postal address, and phone number as Registrant of the domain name;
ii. GKG PRIVATE DOMAIN REGISTRATION's email address, postal address and phone number for the domain name registration's technical contact;
iii. GKG PRIVATE DOMAIN REGISTRATION's email address, postal address and phone number for the domain name registration's administrative contact;
iv. GKG PRIVATE DOMAIN REGISTRATION's email address, postal address and phone number for the domain's name registration's billing contact;
v. The primary and secondary domain name servers you designate for the domain name;
vi. The domain name's original date of registration and expiration date of the registration;
vii. The identity of GKG as your sponsoring Registrar.
b. Domain Registration Benefits
Although GKG PRIVATE DOMAIN REGISTRATION will be the contacts of each domain name registration you designate, you will retain the full benefits of domain name registration with respect to each such domain name registration, including:
i. The right to sell, transfer or assign each domain name registration;
ii. The right to control the use of each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
iii. The right to cancel your use of this or any GKG service;
iv. The right to renew each domain name registration upon its expiration;
v. The right to initially resolve any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving your domain name registration, subject to this agreement.
c. Your Notification Obligations
i. Personal Information
You agree that for each domain name for which GKG PRIVATE DOMAIN REGISTRATION becomes the domain contacts on your behalf, you will provide accurate and current information as to:
(a) Your name and postal address;
(b) The email address, postal address, phone and fax numbers for the domain name registration's technical contact;
(c) The email address, postal address, phone and fax numbers for the domain name registration's administrative contact;
(d) The email address, postal address, phone and fax numbers for the domain name registration's billing contact;
(e) The primary and secondary domain name servers to which each domain name points;
(f) The domain name's original date of registration and expiration date.
You agree to:
(a) Update the above information within five (5) business days if any of your personal information you provided upon subscription changes;
(b) Respond within five (5) business days to any inquiries made by GKG to determine the validity of personal information provided by you;
(c) Respond to email messages posted to the email account you provided regarding correspondence GKG has received that is either addressed to or involves your domain name registration, as more fully set forth in Section I.3.f.ii. below. It is your responsibility to keep your personal information current and accurate at all times.
You agree that GKG PRIVATE DOMAIN REGISTRATION, as domain contacts, will not be responsible for renewals and that you, at your sole discretion will renew the domain and any contracted services through and by your own means. Renewal fees, once charged, will be non-refundable.
e. Suspension and/or Termination of Service
i. You understand and agree that GKG has the absolute right and power, in its sole discretion and without any liability whatsoever, to:
(a) Remove the GKG PRIVATE DOMAIN REGISTRATION from your domain (which means your personal information will then be shown again as part of the whois record);
(b) Reveal your name and personal information that you provided when a proper request is made by a third party, in the good faith belief that such action is necessary in order to conform to the edicts of the law, or to comply with a legal process served upon GKG, or as allowed in this agreement;
(c) Resolve any and all third party claims, whether threatened or made, arising out of your use of a domain name registered by GKG PRIVATE DOMAIN REGISTRATION on your behalf;
(d) Take any other action when necessary, including:
(1) In the event that you breach any provision of this Agreement;
(2) To protect the integrity and stability of the applicable domain name Registry;
(3) To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
(4) To comply with ICANN's Dispute Resolution Policy;
(5) To avoid any financial loss or legal liability (civil or criminal) on the part of GKG, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
(6) If the domain name GKG PRIVATE DOMAIN REGISTRATION registered on your behalf violates or infringes a third party's trademark, trade name or other legal rights;
(7) If it comes to GKG's attention that you are using the service for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise:
(7.1) appeal purely to the prurient interests of third parties;
(7.2) defame, embarrass, harm, abuse, threaten, or harass third parties;
(7.3) violate state or federal laws of the United States and/or foreign territories;
(7.4) involve hate crimes, terrorism and child pornography;
(7.5) are tortuous, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable;
(7.6) impersonate the identity of a third party;
(7.7) harm minors in any way; or
(7.8) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.
ii.You also acknowledge and agree that GKG may, in its sole discretion and without any liability whatsoever:
(a) Cancel the registration of any domain name GKG PRIVATE DOMAIN REGISTRATION has registered on your behalf during the first thirty (30) days after registration has taken place;
(b) Cancel the registration of any domain name GKG PRIVATE DOMAIN REGISTRATION has registered on your behalf if that name is being used in association with spam;
(c) Suspend your rights under Section I.3.b of this Agreement during resolution of a dispute;
(d) Cancel the registration of any domain name GKG PRIVATE DOMAIN REGISTRATION has registered on your behalf for any reason deemed necessary to provide for the smooth operation of GKG's domain registration services.
iii. You further understand and agree that if GKG is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your domain name registration or your use of the service, your domain name registration will automatically revert back to you and your identity will therefore be revealed in the Whois directory as Registrant.
In the event that GKG terminates the service for any reason or you elect to terminate the service all fees remain non-refundable.
f. Communications Forwarding
i. Correspondence Forwarding
Inasmuch as GKG PRIVATE DOMAIN REGISTRATION's name, postal address and phone number will be listed in the Whois directory, You agree that GKG will forward communications addressed to your domain name that are received via certified or traceable courier mail (such as UPS, FedEx, or DHL) or first class U.S. postal mail. You specifically acknowledge that GKG will not forward to you first class postal mail (other than legal notices), junk mail or other unsolicited communications (whether delivered through fax, postal mail or telephone), and you further authorize GKG to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded to you by GKG.
ii. Email Forwarding
The Whois directory requires an email address for every purchased domain name registration. When you purchase the service, GKG will create an alias email address for that domain. Thereafter, when messages are sent to your alias email address, GKG will automatically forward the messages to the email account you have on file for that particular domain, without reviewing the message. You agree and acknowledge that GKG is not in any way liable or responsible for email that is forwarded through our service and not received or reviewed by you.
When GKG receives certified or traceable courier mail or legal notices addressed to your domain name, we will post an email message to your alias account. Our email message will identify the sender of the correspondence, the date we received it, and a brief description of its contents. You will have seventy-two (72) hours to decide whether to reject the correspondence or have it forwarded via overnight courier, facsimile or both. The forwarding of correspondence and handling charges are not included in the GKG PRIVATE DOMAIN REGISTRATION fee; therefore, you will be informed of the charge for both shipping options and be required to provide a credit card and indicate which of the forward methods you wish to use.
In the event you do not respond to our email message, GKG will attempt to contact you via telephone. If you do not respond to our email or voice messages and/or the correspondence that GKG has received regarding your domain name registration concerns a legal dispute or otherwise requires immediate forwarding and/or immediate disposition, GKG may immediately reveal your identity and/or cancel the GKG PRIVATE DOMAIN REGISTRATION regarding either the domain name registration in question or with respect to all of your domain name registrations using the service, depending on the circumstances. This means the Whois directory will revert to displaying your name, postal address, email address and phone number. We take this action because GKG will not become involved in any legal or other matters between you and third parties.
iv. Additional Administrative Fees
GKG reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. You agree that you will arrange for payment of these charges to the credit card you provide to GKG. Administrative fees, once charged, will be non-refundable. It is your responsibility to keep your credit card information current and accurate, including the expiration date. Failure to do so could result in termination of the GKG PRIVATE DOMAIN REGISTRATION.
4. Hosting Services
GKG offers a variety of shared hosting packages. These packages and their components will change from time to time with the most recent offerings located in the hosting section of our web site at www.gkg.net/hosting/ . Each hosting package provides a distinct set of attributes for a set monthly fee. These hosting packages are located on shared servers, meaning that multiple customers are hosted on the same server and no single customer may use more than their package's specific limits without incurring additional usage fees as outlined on our website. Furthermore, you agree to abide by all applicable sections of this agreement.
GKG's hosting services are not tied to GKG's domain registration services. Therefore, hosting services MUST be cancelled explicitly according to GKG's cancellation policy outlined in Section IV in order to avoid additional hosting fees. This policy states in part that all fees accrued before cancellation will be due at time of cancellation.
GKG maintains the highest levels of security on all servers that we administer. You agree and acknowledge that you will not perform any act that could possibly cause harm to the server, the servers other hosted web sites or any other Internet user. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the client's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the website of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.
As your server access will be limited to FTP service, you must contact GKG to install third party software. GKG administrators will review any third party software before determining if installation will be allowed. You agree and acknowledge that you will not attempt to install any third party software that you do not have the legal right to use. You also agree to pay for any fees incurred in the administration and installation of special software packages on your behalf, and that the fees are non-refundable once the charge has been incurred.
c. Network Uptime
GKG guarantees that the network will be available 99.9% of the time in a given month, excluding scheduled maintenance. Should downtime ever exceed 40 minutes in a month, GKG will refund the customer 5% of the monthly fee per additional 30 minutes downtime up to 100% of customer's monthly fee. Network uptime includes functioning of all network infrastructure including routers, switches and cabling under the control of GKG. This does not include downtime caused by equipment and/or circumstances outside of the control of GKG.
d. Hardware Guarantee
GKG guarantees the functioning of all leased or shared hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. In the event that it takes us more than 2 hours to replace faulty hardware, GKG will refund the customer 5% of the monthly fee per additional hour of down time up to 100% of customer's monthly fee. Hardware is defined as Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.
5. Web Mail
GKG offers web mail services as an upgrade to our deluxe parking customers. By using the web mail service, you agree to pay the then current, non-refundable web mail fee. Furthermore, you agree to be bound by all applicable sections of this Agreement.
6. Dedicated Servers
GKG offers dedicated servers for those customers who require a higher level of dedicated resources than typically used in a shared hosting solution. Dedicated Server customers agree to abide by all applicable sections of this agreement.
a. Server Lease or Co-location
A dedicated server can either be leased (owned by GKG and rented for a period of time by the customer) or co-located (owned by the customer). Server lease customers will incur additional lease fees. Customers who choose to co-locate a server will be responsible for hardware problems and for customers who lease a server; GKG will be responsible for any hardware problems.
b. Physical Access
GKG provides physical access to dedicated servers with at least two (2) days notice, except in cases of emergencies. During these sessions, the server may not leave the designated access facility. Furthermore, GKG personnel will transport the server between the NOC and the access facility. In cases of emergencies, emergency support rates will apply.
c. Network Uptime
GKG guarantees that
the network will be available 99.9% of the time in a given month (40 minutes
downtime per month), excluding scheduled maintenance. Should downtime ever
exceed 40 minutes in a month, GKG will refund the customer 5% of the monthly
fee per additional 30 minutes downtime up to 100% of customer's monthly fee.
Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Downtime calculations do not include downtime caused by customer hardware or software outages.
All dedicated server accounts are covered by GKG's Basic Service Level Agreement (SLA). You have the option of upgrading to a SLA that offers additional services at your discretion.
d. Server Maintenance
All dedicated servers must be maintained by a server administrator unless the customer has specifically contracted GKG to maintain the specific server. This maintenance includes but is not limited to security patches and account maintenance. GKG offers server maintenance services at a fee. However, you are responsible for any and all damages caused by failing to properly maintain your dedicated server.
GKG reserves the right to disconnect your dedicated server for any reason required for secure operation of this service. This list includes but is not limited to:
i. Non-payment of regular monthly fees, overage amounts, administrative fees or late fees;
ii. Any activity that violates any part of this agreement;
iii. Security problems causing your dedicated server to be a possible hazard to either:
(a) GKG's network infrastructure;
(b) Another network's infrastructure;
(c) Another server;
(d) Any other asset not listed.
7. Internet Service
GKG provides Internet access services in many areas. Specific packages and service areas may be found on our website. All dialup customers agree to abide by all applicable sections in this agreement.
a. Acceptable Use
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the use of GKG Services, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
i. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
ii. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
v. Impersonates any person or entity, including any employee or representative of GKG;
vi. Violates any portion of this agreement.
b. Third Party Sites
It is the policy of GKG to provide its customers access to the broadest possible number of organizations connected to the Internet. This is accomplished through connectivity to one or more state, multi-state regional, or national backbone networks. With the exception of information specifically authored by, or on behalf of GKG, GKG does not develop or publish, nor does GKG review, censor, or edit the materials and information which are accessible through the GKG service networks, or the materials and information which are accessible through the other computer networks which may be connected to the GKG service networks. The persons and organizations, including GKG customers who publish materials and information, which are accessible through the GKG service networks, are solely responsible for the content of such materials and information and are solely responsible to know and to comply with all laws applicable to the publication of such materials and information. GKG does not accept responsibility for the content of the materials and information published by others that is accessible through the GKG service networks and does not accept responsibility for the violation of any laws resulting from such publication.
This site may produce automated search results or otherwise provide you access to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of GKG, and you acknowledge that GKG is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by GKG or any association with its operators.
8. Zone Hosting
GKG offers zone hosting services as an upgrade to our parking and hosting clients as described on our website at https://www.gkg.net/dnszone/buy. By using the zone hosting service, you agree to pay the then current, non-refundable zone hosting fee. Furthermore, you agree to be bound by all applicable sections of this Agreement.
All zone hosting services are offered as is and there are no guarantees that any service will be added in the future. GKG does not warrant or guarantee any level of service in the use of the zone hosting service including the use of GKG mail servers or web servers.
9. Web Design
GKG offers web design services on a contractual basis either through our internal designers, or through our Web Design Partners. Each project will be evaluated on a case by case basis and prices will vary based on the project requirements but will be based on our current hourly programming and development rates. This Service Agreement is part of any contract services we offer and will be followed explicitly with the exception, that if any items in the services contract conflict with the terms of the services agreement, the Contract agreement will have precedence.
Resellers are responsible for collecting and paying any and all taxes associated with the resale of a GKG service. Upon request, resellers will provide a signed wholesale certificate to GKG within 3 days of request with any and all required information.
II. Service Fees
As consideration for any services provided by GKG to you, you agree to pay GKG, prior to the effectiveness of the desired service, the then-current amounts set forth in the GKG price schedule for the initial term of the service and, should you choose to renew the service, the then current and subsequent service fees. All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of your then current service term, except where GKG has explicitly agreed to a refund in writing. GKG reserves the right to amend, increase, or decrease fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Your requested service will not be considered active unless we receive actual payment of the service fee, or reasonable assurance that GKG will receive the payment from some other entity (such reasonable assurance as determined by GKG at its sole discretion).
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by GKG), non-payment, or any other action that leaves an account with an unpaid balance in connection with any GKG service fees, you agree and acknowledge that you are responsible for any and all service fees, including late fees, collection fees, chargeback fees, attorney fees and any other reasonable fee connected with collection of the amounts you owe. Furthermore, if any asset in GKG's possession is connected to the account of the unpaid service fees, including domain names and websites, this asset (including domain name registrations and websites) shall be held as collateral and transferred to GKG. GKG reserves all rights regarding such asset including, without limitation, the right to make such asset (including domain names and websites) available to other parties for purchase, until all fees that are due by you, have been recovered. GKG will reinstate your asset (including domain name registration and/or services) solely at our discretion, subject to our receipt of the initial service fee and our then-current Chargeback Fee, currently set at US$200, a reactivation fee and a deposit to secure any future payments.
You will be notified when any service fees are due. Should these fees go unpaid within the time frame specified in our communications, your service(s) will be cancelled. Payment must be made by the method that we indicate in our communications and will include money orders, and cashiers checks. If GKG has received a chargeback, GKG at its sole discretion can require a cash account or a deposit account and may suspend credit card charging privileges until such time GKG believes that the risk of chargeback has been eliminated.
Cancellation of payments in no way removes the obligation of payment for services and GKG reserves the right to pursue any remedies it deems necessary to secure the payment of fees due. You agree and acknowledge that late fees and other fees will continue to accrue on your account until such time as payment had been secured for your account.
Payments for all services are due immediately unless otherwise agreed to in writing by GKG. All payments are non-refundable regardless of the outcome of the transaction and regardless of the cancellation date.
1. Payments for Domains
You acknowledge that GKG will not generate traditional invoices for domain registrations or renewals unless requested to do so. If this request is made, you will incur an additional administrative fee. You further acknowledge that all domain service fees will increase after expiration as per GKG's price schedule.
a. Registrations/Renewals by Credit Card
GKG will provide a secure payment form on our web site, found at www.gkg.net, in order to accept domain registration/renewal payments.
b. Registrations/Renewals by Check
GKG provides a form by which customers may pay for domain registrations/renewals via check. This form may be found at www.gkg.net/domain/payments. This payment method will require the payment of GKG's then current administrative fee. This fee is assessed to cover administrative costs incurred by GKG in handling check payments. In addition, an account holder who pays by check and has a check returned also agrees to cover all collection costs, a $35 bounced check fee and any reasonable attorney fees related to the collection of payment for the returned check.
2. Payments for Other Services
All other services outside of domain registrations/renewals/transfers will be paid for according to GKG’s then current billing policy, as found on our website at the address www.gkg.net/domain/payments/billing.html. For any services that require invoices, customer acknowledges that invoices will only be sent via email unless special arrangements are made with GKG and customer agrees to pay for any administrative fees associated with delivering a paper invoice.
a. Invoices sent out by GKG must be paid by the due date listed on each invoice or statement.
b. All invoices not paid by the due date on your invoice are late.
c. Late fees will be incurred on the 5th and the 20th of each month for any balances that are past due including late fees.
d. Any account that has unpaid late fees is considered late with the same terms as stated in Section III.2.c above.
e. All accounts may be put on hold on or after the 20th day after payment is due, at GKG sole discretion.
f. Late fees will be applied at a rate of $5 or 1% per period of the total outstanding amount due (including late fees), which ever is higher.
g. Unpaid accounts will be cancelled after 60 days of being late, at the discretion of GKG.
h. A $15 reconnect fee, in addition to the unpaid balance, must be paid to reinstate an account that has been placed on hold.
i. All invoices will be sent via e-mail to the billing e-mail address you have on file.
j. It is the customer's responsibility to maintain correct contact information on file including billing e-mail address, contact name, contact phone number, mailing address, and fax number. If possible, please provide an alternative contact as well.
Cancellation of an account does not forgive a customer from paying for past due services, administrative fees, collection fees, late fees, attorney fees, or any other fee that has been incurred in the delivery of services and in the pursuit of collection for a customers account.
k. If any account remains unpaid, GKG reserves the right to freeze any or all services being offered to client until the balance is paid in full, at the sole discretion of GKG.
To insure that your account is properly terminated, and that additional recurring charges do not accrue, your account must be in good standing (defined as all past due and current balances, including late fees, have been paid to date) and you must submit written notice to GKG via email to firstname.lastname@example.org within the time frames listed below. You must include the word “cancellation” in the subject line AND your account name in the email body. After you have sent the email, you will receive an automated response with a tracking number. Please keep your tracking number for proof of cancellation. If you do not receive an automated response with a tracking number, WE HAVE NOT RECEIVED YOUR CANCELLATION AND YOU WILL CONTINUE TO ACCRUE FEES FOR SERVICES. You are responsible for any recurring monthly fees generated and any other associated fees through the end of the cancellation period. Because it is important that we document a cancellation through a reliable method, we will not accept notice of cancellations outside of this method.
Cancellations must be received within the following timeframes:
a. For parking and hosting accounts we must receive your cancellation notice at least five (5) days prior to the payment due date.
b. For co-location, bandwidth and leased server accounts we must receive your cancellation notice at least thirty days (30) prior to your payment due date.
c. For any other service covered by this agreement we must receive your cancellation notice at least five (5) days prior to the payment due date.
If we do not receive the cancellation notice by the date listed above, you will be responsible for full payment of the next period of service and any other fees accrued during the service cycle, related to your account. The fees are non-refundable and you agree to cover any reasonable costs related to pursuing the recovery of these fees, in cases of non-payment, chargebacks, or any other problems arising from not paying the full amount due on an account.
Any questions should be directed to email@example.com.
1. Email Services
As part of the services listed in Section I, GKG provides customers with the usage of email in order to provide a reliable form of communication. Unless you have specifically and explicitly contracted GKG to provide you with email services, an email account is not offered as a service in of itself. Furthermore, no portion of any service fee is dedicated to email; therefore, no refunds will be applicable for interruptions of any kind with regards to access to email accounts. An email account is only provided as a convenience to our customers.
1. Email Management
GKG does not limit the specific number of emails sent or received through your email account provided by GKG; however, each account does have an upper storage limit. You may be required to pay a storage space fee if you need to increase the size of your storage limit however; you agree that this does not in any way indicate that you are paying for email services. GKG reserves the right to limit the volume of messages transmitted or received and/or change storage limits of your account in order to maintain the quality of our email services to other customers and to protect our computer systems. GKG is not responsible for non-delivery of mail routed through any GKG email server. You also agree to pay for any administrative fees incurred in the use of GKG personnel in the management of your email account(s), regardless of the cause of the problem. This includes but is not limited to problems associated with accounts surpassing their storage or quota limits.
You agree to be bound by the applicable provisions of GKG's Anti-Spam Policy, which is found in Section IV, along with all other applicable sections of this Agreement. GKG may terminate your email service if your conduct is found to be unlawful, inconsistent with, or in violation of this agreement, or for any other reason deemed reasonable by GKG, at GKG's sole discretion.
You agree that GKG shall under no circumstances be held liable for any action it takes, in good faith, to restrict transmission of material that it or any user of email service considers to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
3. SMTP Services
SMTP service for outgoing mail is provided on our networks on a limited basis. Use of our SMTP services is restricted and can be used only if the following conditions are met:
a. You are a GKG customer in good standing;
b. You are sending mail "from" addresses affiliated with your accounts and services obtained through GKG;
c. You are not acting in violation of any of our policies, specifically GKG.s Anti-Spam Policy, which is found in Section VI;
d. You have added SMTP Service to your billing statement; and
e. Your ISP's mail server is unsuitable for technical reasons.
You may NOT use GKG's SMTP Services for:
a. Sending out large quantities of mail to multiple recipients;
b. Sending large attachments;
c. Sending mail "from" addresses not affiliated with your accounts and services obtained from GKG;
d. Mail that could just as effectively be delivered through your local ISP's mail server; and
e. Any behavior that violates any other portion of this agreement.
GKG.NET has the explicit right to monitor any email you send via our SMTP services. Furthermore, SMTP Services may be terminated, effective immediately by GKG at any time and for any reason by GKG. Upon termination, GKG is not obligated to forward any unread or unsent messages to any location and GKG shall not be liable for the termination of said service.
1. GKG's Anti-Spam Commitment
GKG believes spam is hurtful to online commerce and should be controlled by reasonable parties. GKG will take all reasonable steps to accept and respond to all reasonable and credible reports of spam originating from our network or initiated by a GKG customer outside of our network. AT NO TIME DOES GKG PARTICIPATE IN SPAMMING BEHAVIOR. ALL E-MAILS ORIGINATING FROM GKG ARE SENT IN ACCORDANCE TO OUR STATED POLICIES AND HAVE BEEN REQUESTED OR ARE PART OF NORMAL AND ACCEPTED BUSINESS PRACTICES.
GKG believes that all e-services companies, including ISP's, hosting companies and Registrars share responsibility for preventing spam. Due to this shared responsibility, GKG urges that domain registrants, host companies and ISP's be included in any initial spam report. However, GKG is cognizant that many companies are not yet taking this shared responsibility seriously. Therefore, as part of this agreement GKG will incorporate the added authority to deal with spam originating from the users of any of our services.
You agree to abide by our Anti-Spam policy and understand that your account may be cancelled at any time for documented complaints of spam associated with any of your accounts, at the discretion of GKG. These documented cases must allege the sending of spam, spamvertising (the referencing of a domain within a spam) or any activity that promotes the sending of spam. You also agree and acknowledge that all fees paid to date are non-refundable when an account is closed due to breach of our Anti-Spam policy and that any fees incurred but not yet paid, are still due.
If your account is suspended due to complaints related to Spam, you agree that your account may be reinstated at GKG’s sole discretion, after you have provided guarantees that you will not continue to Spam and you have paid the then current reinstatement fee, currently set at $100. You will also agree to provide whatever assurances GKG deems appropriate, including the setting of a bond or a deposit account, which we will drawn down for additional infractions, and all related accounts will be permanently terminated.
2. Reporting and Processing Spam Complaints to GKG
All spam reports should be filed at http://www.gkg.net/spam (irrespective of the GKG service that the potential spammer uses). This site collects all REQUIRED information and assigns a request number to the reporter. All requested information is required and NO INCOMPLETE SPAM COMPLAINT WILL BE PROCESSED. The following information is REQUIRED:
a. The reporter's name;
b. The reporter's contact information *;
c. A copy of the spam being reported (with ALL headers), and
d. Any Additional documentation available (regarding the reported spam, inaccurate whois information, etc.)
*Contact information will be kept confidential unless the reporter provides express consent for release. The reporter's contact information will be verified before the report is processed, if the information is inaccurate, the report will NOT be processed.
All reports originating in any other fashion will be ignored. Any reporter of spam that uses tactics that in any way interferes with or degrades services offered by GKG will also be reported as a perpetuator of spam; and therefore, will be subject to this policy. Furthermore, these reports may be disregarded and/or the reporters blocked from GKG's network in cases of abuse.
For properly submitted reports, the report will be assigned a tracking number and will be investigated fully. The reporter will receive an email detailing the final resolution of the investigation. GKG will process all spam complaints using the following steps:
a. The reporter's contact information will be verified. The reporter will be contacted and the spam investigation process will be explained.
b. GKG will verify what GKG service the potential spammer is using.
i. If the potential spammer is an Internet access customer:
(a) GKG will verify the report's accuracy by reviewing the appropriate mail log files for that customer.
(b) If the customer is determined to be using the account in order to distribute spam, GKG will suspend the account and contact the account holder.
(c) The account will only be reinstated with a signed and notarized statement ensuring that spam activity will no longer occur and a $100 account reinstatement fee. GKG may also require a bond or deposit in order to continue offering services, at our sole discretion. This requirement will be used as described in Section VI.1
(d) Further reports will result in permanent exclusion from any GKG service.
ii. If the potential spammer is a hosting customer (including domain registration customers using our parking services and co-location customers):
(a) GKG will verify the report's accuracy by reviewing the appropriate mail log files for that customer.
(b) The account will only be reinstated with a signed and notarized statement ensuring that Spam activity will no longer occur, and a $100 reinstatement fee. GKG may also require a bond or deposit in order to continue offering services, at our sole discretion. This requirement will be used as described in Section VI.1.
(c) Further reports for new SPAM events will result in permanent exclusion from any GKG service.
iii. If the potential spammer is a domain registration customer:
(a) As GKG may not provide mail service for some domain registration customers, GKG cannot independently verify the spam report; therefore, all domain contacts and the host company will be contacted and informed of a spam complaint. This contact will REQUIRE a quick response in order to keep the domain registration active.
(b) A permanent record of the complaint will be maintained. After GKG has appropriately verified that spamming activity is occurring, the domain registration will be placed on hold; therefore, removing the domain from the zone files (and consequently removing any web presence from the Internet and any mail service for that domain).
(c) If a domain registration is found to be in breach of GKG's Service Agreement, GKG will place the domain on Administrative Hold and may change the username if necessary (and therefore remove the domain from the zone files) until such time as the domain expires, the registration is revoked or the domain holder repairs the breach. GKG does not generally delete domains in order to prevent the spammer from reregistering the domain with another Registrar and starting SPAM activity again.
(d) The account will only be reinstated with a signed and notarized statement ensuring that Spam activity will no longer occur, and a $100 reinstatement fee. GKG may also require a bond or deposit in order to continue offering services, at our sole discretion. This requirement will be used as described in Section VI.1.
(e) GKG reserves the right to prevent all GKG domain registration customers investigated for spam complaints from using the GKG Private Domain Registration or the Whois Email Alias service.
3. Disputing A Spam Complaint/Decision
All spam complaint decisions will be based on the information provided by the complainant. While GKG does not accept any liability regarding false complaints, GKG will attempt to verify all complaints before action is taken.
If you dispute a spam complaint or decision, you must complete the following steps:
a. Notify GKG of the dispute by responding to the initial spam complaint.
b. Provide any documentation used to develop the dispute.
GKG may, at our sole discretion, require that you participate in the spam investigation. Furthermore, refusal to participate at the requested level will be considered when making a final decision and can be used as the sole basis for a decision against you.
4. Inaccurate WHOIS Information
GKG is required to accept and investigate all reports of inaccurate information of domain contacts as represented in our WHOIS database. In order to prevent flagrantly inaccurate WHOIS information, GKG utilizes custom filters that flag potentially inaccurate information for review. GKG's WHOIS database can be found at www.gkg.net/whois. All reports of inaccurate information should be directed to http://www.gkg.net/whois_form/whois_form.html. Once received, GKG will process the reports as follows:
a. The report MUST be received via the appropriate form along with any documentation showing that the contact information is inaccurate.
b. GKG will independently verify that the contact information is inaccurate and attempt to contact the current domain holder. The current domain holder will be given 72 hours to contact GKG and update the inaccurate contact information. If the inaccurate contact information is not updated, the domain will be placed on Registrar Hold (removing the domain from the zone files and preventing any changes).
c. The hold will be removed only with proof of accurate contact information. Proof will consist of government issued identification or any other documentation accepted by GKG, at GKG’s sole discretion.
1. Information that is collected
GKG receives and stores all information you enter on any of our sites or provide to any GKG employee. GKG collects all of the following types of information:
a. contact information as described in Section I.1.f
b. financial information as required to process your payment for services
c. demographic information as needed to modify our services and/or processes
d. website visitation statistics
e. other information as provided by you
2. Use of anonymous information
GKG uses session variables, cookies and Google Analyitcs© to collect anonymous information in order to improve your experience. Some of this anonymous information may be used by Google Analytics© and GKG in order to improve their products and services as well.
3. When information is released
GKG makes every effort to protect your privacy. GKG does not willingly release any personally identifiable information about our customers. This prohibition includes the release of information to third party marketers and GKG’s resellers. Information collected will only be released as described below.
a. As required by ICANN (specifically the Whois search) or any other contractual agreement entered into by GKG in order to provide services.
b. As required by law, court order or other government/law enforcement and/or regulatory agency.
GKG cannot control the release of information that is deemed public, such as domain registration information that must be released via the Whois database; however, GKG will take every reasonable precaution to ensure that Whois information is not used improperly, as defined by this Agreement.
VIII. Changes to Services Agreement and Dispute Policies
You acknowledge that the systems and the practices used to set up, administer, and maintain the services covered by this document are evolving, and therefore you agree that GKG may modify this Agreement, or any part thereof, if necessary to comply with any agreements that GKG is currently bound by or will be bound by in the future (including, but not limited to, GKG’s ICANN agreement), as well as to reflect current business circumstances. Your continued use of the services shall constitute your acceptance of this agreement and any policies referred to within this agreement including all modifications reflected in the then current Services Agreement and Referred Policies. If you do not agree to any of said changes, you may request that your services be cancelled or transferred to a different provider. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement. Such remedy does not waive the obligation of payment for any services you have incurred to that point.
IX. General Agreement Information
1. Agents and Licenses
You agree that, if you are contracting for any service covered by this document for someone else, you represent that you have the authority to bind that person, as a principal to all terms and conditions provided herein.
You agree that if you license the use of any service covered by this document to a third party, you nonetheless remain the account holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate contact information adequate to facilitate timely resolution of any problems that arise in connection with the contracted service.
2. Limitation of Liability
YOU AGREE THAT GKG WILL NOT BE LIABLE FOR ANY
a. SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION OR OTHER SERVICE IN YOUR NAME,
b. USE OF YOUR DOMAIN NAME REGISTRATION OR OTHER SERVICE IN YOUR NAME,
c. INTERRUPTION OF BUSINESS,
d. ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ANY SITE OR THE SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME OR USE OF ANY OTHER SERVICE COVERED IN THIS DOCUMENT,
e. DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION,
f. EVENTS BEYOND GKG'S REASONABLE CONTROL,
h. THE PROCESSING OF ANY APPLICATION FOR ANY SERVICE, OR
i. APPLICATION OF ANY DISPUTE POLICY.
YOU FURTHER AGREE THAT GKG ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GKG'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES RENDERED OR IN THE SUM OF FIVE HUNDRED DOLLARS ($500.00). IN THE EVENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
3. Indemnification of GKG
You agree to defend, indemnify and hold harmless GKG for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the set up, use or maintenance of any service covered by this agreement contracted in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.
4. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the contracting of any service covered by this agreement (including, but not limited to the registration of the domain name), the manner in which it is directly or indirectly used (in conjunction with any other service) infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your service contract is accurate.
ALL SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, GKG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT CONTRACTING OR USE OF A SERVICE COVERED UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR RIGHT TO USE SAID SERVICE, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE SERVICE CONTRACTED TO YOU.
5. Breach and Revocation
GKG reserves the right to suspend, cancel, transfer or modify your services in the event that:
a. you materially breach this Agreement (including the any policy referred to by this agreement) and do not cure such breach within fifteen (15) days of notice by GKG,
b. you use the services contracted to you to send unsolicited commercial advertisements (commonly known as spam) in contradiction to either applicable laws or GKG's Anti-Spam Policy (found in Section VI above),
c. you use the services contracted to you in connection with unlawful activity, or
d. grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.
You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer:
a. by any ICANN procedure, by any registrar (including GKG) or registry administrator procedures approved by an ICANN-adopted policy, or by any other ccTLD registry administrator procedures as the case may be,
b. to correct errors by GKG, another registrar or the registry administrator in administering the name or
c. for the resolution of disputes concerning the domain name.
You also agree that GKG shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify any service covered under this agreement upon seven (7) calendar days prior written notice, or at such time as GKG receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the service.
6. Adjudication of Disputes
In the event of adjudication of disputes concerning or arising from use of services contracted to you, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the location of GKG, and (2) of the location of your domicile.
7. Controlling Law and Venue
Except as otherwise set forth in Section 6 above, or in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas. Except as otherwise set forth in Section 6 above, or in the Dispute Policy with respect to domain disputes, any action to enforce this Agreement or any matter relating to your use of the GKG site shall be brought exclusively in the United States District Court for the Southern District of Texas, or if there is no jurisdiction in such court, then in a state court in Brazos County, Texas.
You agree that any notices required to be given under this Agreement by GKG to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
This Agreement and all other Policies found at www.gkg.net/policies/, together with all modifications, constitute the complete and exclusive agreement between you and GKG, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of GKG to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by GKG of a breach of any provision hereof be taken or held to be a waiver of the provision itself or of this agreement as a whole. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. GKG will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of GKG as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of GKG.