GREENMAN HOSTING, INC
By using the greenmanhosting.com website or any services (“Service”) of Greenman Hosting, Inc. (“Greenman”), you agree to be bound by the following terms and conditions (“Terms of Service”).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICE THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
Greenman reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://greenmanhosting.com/terms-of-service.
Violation of any of the terms below may result in the termination of your Account.
1. ACCOUNT TERMS.
You must be 13 years or older to use this Service. You must provide a valid email address and any other information requested during the signup process. You are responsible for maintaining the security of any applications you run on the Service provided to you by Greenman as well as any billing, SFTP, database, email, or any other accounts connected to your Service. Greenman is not liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content and activity that occurs under your account (even when Content is posted by others). You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree that Greenman may store and use Account data you provide for use in maintaining, crediting and/or billing fees to your Account.
2. PROHIBITED CONTENT.
The Content displayed and/or processed through your Application utilizing the Service shall not contain content that infringes a third party’s rights (e.g., copyright) according to applicable law or violates any criminal laws, any other applicable laws, or any third-party rights.
Examples of the violations described in the Terms, you may not allow any third party, including your End Users, to:
Facilitate unsolicited commercial email (“spam”);
Send email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
Imitate or impersonating another person for the purpose of sending spam;
Data mine any web property (including Greenman) to find email addresses or other user account information;
Send emails to users who have requested removal from a mailing list;
Sell, exchange or distribute to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure;
Send unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
Send, upload, distribute, disseminate or offer to do the same with respect to any unlawful, abusive, fraudulent, infringing or otherwise objectionable content;
Intentionally distribute viruses, worms, defects, trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
Conduct pyramid schemes and the like;
Transmit content that may be harmful to minors;
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
Interfere with other users’ enjoyment of the Service;
Modify the Greenman logo or any other Greenman Marks;
Use the Service, or any interfaces provided with the Service, to access any Greenman product or service in a manner that violates the Terms or other terms and conditions for use of such Greenman product or service; or
Transmit digital files that You do not own or have all necessary rights or licenses to use.
Greenman is intended solely for the distribution of digital files that You own, have all necessary rights or licenses to, or that are in the public domain. You agree not to store, offer for sale, or otherwise distribute any content or material that is infringing or otherwise violates the law, including: music; movies; eBooks; games; videos; photographs and software.
3. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS.
All plans require a valid credit card be kept on file by Greenman. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If Greenman is unable to process charges, account holders have 10 days to correct the issue before the application may be removed from Greenman. Applications cannot be recovered once deleted.
For any upgrade or downgrade in plan level, the credit card You provided will be charged on the next billing cycle. Billing disputes must be received within 30 days of the charges in question.
4. CANCELLATION AND TERMINATION.
You are solely responsible for properly cancelling your Account. An email or phone request is sufficient provided we respond to acknowledge receipt of the request. All of the Content associated with your application will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
Greenman, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Greenman service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Greenman reserves the right to refuse service to anyone for any reason at any time.
You are solely responsible for exporting your Content and Application(s) from the Service prior to termination of your account for any reason. If we terminate your account, we will make reasonable efforts to permit the retrieval of your Content and Application(s) for a reasonable period of time.
Upon any termination of the Service or your account, these Terms will also terminate, but Sections: Proprietary Rights, Modification and Termination of the Service, Exclusion of Warranties, Limitation of Liability, Indemnification, and General Terms shall continue to be effective after these Terms are terminated.
5. MODIFICATIONS TO THE SERVICE AND PRICES.
Greenman reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 15 days notice from us. Such notice may be provided at any time by announcing the changes on the Greenman Site (greenmanhosting.com) or emailed to the address you provided for the account.
Greenman shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6. COPYRIGHT AND CONTENT OWNERSHIP.
We claim no intellectual property rights over the material you provide to the Service. Your materials uploaded remain yours.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude any web application that you create using the Service and any source code written by you to be used with the Service (collectively, the “Application”).
You agree that you are solely responsible for (and that Greenman has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Greenman may suffer) by doing so.
Greenman claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By creating an Application, and/or by submitting, posting or displaying the Content on or through the Service, you give Greenman a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Greenman to provide you with the Service.
You may choose, to or we may invite you to submit, comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Greenman under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You agree that Greenman in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
Greenman does not pre-screen Content, but Greenman and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend Greenman against any claim, demand, suit or proceeding made or brought against Greenman by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Greenman for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Greenman in connection with any such claim, demand, suit or proceeding; provided, that Greenman (i) promptly gives You written notice of the claim, demand, suit or proceeding; (ii) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Greenman of all liability); and (iii) provides to You all reasonable assistance, at Your expense.
7. GENERAL CONDITIONS.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is offered as a convenience, and is not guaranteed to any user of the Service. Support is only available in English.
You understand that Greenman uses third party hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Greenman, or any other Greenman service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Greenman.
Greenman may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, libelous, or otherwise violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Greenman customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
Greenman does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Greenman shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Greenman has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
The failure of Greenman to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.