- Effective Date: This Terms of Service was last updated effective January 30, 2015 (Business address change)
Polished Geek, LLC DBA Polished Geek ("The Company" or “us”, “we”) agrees to furnish services to the subscriber of services ("Client" or “you”, “your”), subject to the following TOS ("Terms of Service").
- Contact Information
- You agree to provide Polished Geek with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone number, or any other information that you provide to us in order to receive or to continue receiving services. Further, you agree to provide Polished Geek with updated contact information within a reasonable period of time following any related change in your contact information.
- Payments and Fees
Clients are always responsible for ensuring prompt payment each billing period, regardless of any recurring payment that may fail to be completed successfully by third parties (such as PayPal) through no fault of their own or Polished Geek’s.
Please be aware that Polished Geek utilizes a fully PCI-compliant payment processor and SSL to process credit card payments and securely store information for recurring payments. No credit card information is ever stored on our systems.
Payment by check drawn on US banks should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Polished Geek in a timely manner. Mailed payments should be sent to:
Polished Geek, LLC
500 Westover Drive, Suite 6832
Sanford, NC 27330-8941
If a check or other payment is returned for any reason, the account will be assessed a $30 service charge per item. If payment for the returned check amount and service fee is not remitted in full within three business days, the account will be deactivated until payment is received and will be subject to regular reconnect fees.
If a service is suspended or terminated due to non-payment, it will only be reactivated once payment for the outstanding balance, plus any restoration or recovery fee, has been received in full. If all services on an active account are suspended or terminated, all outstanding invoices must be paid in full before any one service will be reactivated. We reserve the right to keep a service deactivated until funds paid have cleared our bank or payment processing system.
- Account Cancellation
You agree that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered and paid for by you. Polished Geek will monitor your bandwidth usage and if your bandwidth is approaching your limit, we will provide notice to you as a courtesy. Regardless of whether a bandwidth notice is sent by Polished Geek, or received and read by Client, you still agree to pay for all bandwidth overages on your account at the published rate. Polished Geek shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by your service plan ("Allocation"). To protect all of our Clients from negative impact of their service by an account exceeding its bandwidth allocation, corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement. Which action(s) may be taken is in Polished Geek’s sole and absolute discretion. We believe in communicating with our clients and will try to work with you to resolve any overage issues before taking action which could cause your service to become unavailable.
Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.
Client agrees to pay Polished Geek any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.25 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.
Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
- IP Allocations
All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html . If it is determined that IP addresses which have been assigned to Client are not being used in accordance with the se guidelines, they may be revoked.
- SPAM and Unsolicited Commercial Email (UCE)
Polished Geek, LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Doing so puts all of our Clients at risk and may lead to disciplinary actions by other ISPs and services, including black listing of our mail servers. Very simply this means that customers of Polished Geek may not use or permit others to use our network to transact in UCE. Clients of Polished Geek may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS , HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting and negative impact on all of our Clients, for your protection we reserve the right to occasionally sample bulk email being sent from servers for spam.
- Violation of Polished Geek, LLC's email policy, as outlined in the Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, we will initiate an immediate investigation (within 48 hour s of notification). During the investigation, we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, Polished Geek may, at its sole discretion, restrict, suspend or terminate customer's account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Polished Geek, LLC will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination . A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Polished Geek, LLC personnel must spend to investigate the matter.
- If your account is used to provide services or host sites for your Clients, you remain ultimately responsible for the actions of those clients over the Polished Geek, LLC network. It is advisable that Clients develop a similar, or stricter, policy for their clients who use their account in any manner.
- Refund and Disputes
All payments to Polished Geek, LLC are NONREFUNDABLE. This includes one-time setup fees, prepayment fees, technical services, hosting and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. For more information, see our Refund Policy.
All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in Polished Geek, LLC's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Polished Geek, LLC an "Administrative Fee" of not less than $125 and not more than $250.
- Courtesy Transfer Service
Polished Geek performs all account transfers, account moves, cPanel transfers, server transfers and an y other service which involves Polished Geek copying files of yours from a third party service to your Polished Geek service, hereafter known as a "transfer", as a courtesy service only. By requesting us to perform a transfer you agree to indemnify and hold harmless Polished Geek, LLC from any and all liability arising from the transfer and/or copying of your accounts. You also agree Polished Geek is not responsible for any issues relating to the transfer of your accounts, both on your Polished Geek service and at any other third party service from which we may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses , any issues at third party services which delay or prevent Polished Geek from performing the service, or any other issues. Polished Geek makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers.
We can only perform courtesy transfers from any service which uses the same control panel that is used on your Polished Geek service (ie. cPanel). We will still provide "best effort" assistance which includes general advice on file transfer and configurations, DNS settings, MySQL database imports, and other general assistance for Clients whose 3rd party service does not use the same server control panel.
- VPS Nightly Backups
Polished Geek performs hourly and nightly backups of Client accounts as a courtesy service only. Polished Geek is not responsible for the completeness, integrity, or freshness of your online backup. We recommend you have your own backup system in place in addition to our backup services. Polished Geek server backups are intended for disaster recovery purposes only. We reserve the right to charge fees for restores which are requested that are not for disaster recovery purposes.
Clients who have purchased our web design services utilizing Joomla! CMS will be provided a backup utility (i.e. AkeebaBackup) as part of their completed site. Clients are strongly encouraged to make regular use of this backup utility as it provides the simplest and most reliable way to restore your Joomla installation and site if necessary. Clients who require assistance using AkeebaBackup should direct their request to Akeeba or open a support ticket for assistance.
- Harassment and Abuse
We do not tolerate abuse of any kind toward our employees or Clients. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at Polished Geek, our staff, agents, other Clients, website visitors and/or members. You agree to engage in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause. Please refer to our Business Philosophy for more information.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Polished Geek. Client further acknowledges that our liability for negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Polished Geek be liable for any special or consequential damages, loss or injury.
Polished Geek is not responsible for any damages your business may suffer. Polished Geek does not make implied or written warranties for any of our services. Polished Geek, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Polished Geek.
Client agrees that Polished Geek's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Polished Geek of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Polished Geek from exercising thereafter the same or other rights, remedies, or options.
- Force Majeure
Polished Geek maintains servers with a minimum of two (2) third party data center providers in order to have immediate access to a secondary hosting platform in case of emergency. This provides disaster recovery service in case of loss of service by one data center provider. Regardless of any provisions we make take to minimize disruption to your account, you agree that Polished Geek is not responsible for any damages, delays, or other failures to fulfill our obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of Polished Geek, LLC. We may assign this TOS without the consent of Client in case of sale or transfer of assets by Polished Geek. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
We reserve the right to refuse service to anyone at any time for any reason.
The Company is not responsible for data integrity for accounts terminated for non-payment or any other valid reason under this TOS.
Anything not explicitly stated in this TOS is subject to interpretation at Polished Geek, LLC's sole and absolute discretion.
You, as Polished Geek, LLC's client, are solely responsible for the content stored on and served by your Polished Geek service.