These Terms of Service (the “Agreement”) are an agreement between G13 Studios ("G13 Studios" or “us” or “our”) and you (“User” or "client" or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by G13 Studios and the G13Studios.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

    1. Additional Policies and Agreements
      1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
        1. Privacy Policy
        2. Acceptable Use Policy
        3. Copyright Infringement Policy
      2. Additional terms may also apply to certain Services and are incorporated by reference herein as applicable.
    2. Account Eligibility
      1. By registering for or using the Services, you represent and warrant that:
        1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
        2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
      2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. G13 Studios is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the G13 Studios Billing and Support System. Providing false contact information of any kind may result in the termination of your account.
      3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    3. Account Start-up
      1. You expressly understand that the Services require to be linked to a domain name to be operational. By purchasing G13 Studios Services You imply that the associated domain name belongs to You or You possess the domain access rights. If ownership cannot be verified the newly purchased product will be canceled with an automatic refund to Your G13 Studios account balance.
    4. Transfers
      1. Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an website transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available during the production of your website and all applicable information must be submitted before production begins on your website. Transfers request after production starts will incur aassociated charges which will be presented to the client prior to completing the transfer; please contact your account manager receive a price quote. In no event shall G13 Studios be held liable for any lost or missing data or files resulting from a transfer to or from G13 Studios. You are solely responsible for backing up your data from your old server in all circumstances.
    5. G13 Studios Content
      1. Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "G13 Studios Content"), are the proprietary property of G13 Studios or G13 Studios’s licensors. G13 Studios Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any G13 Studios Content. Any use of G13 Studios Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any G13 Studios Content. All rights to use G13 Studios Content that are not expressly granted in this Agreement are reserved by G13 Studios and G13 Studios’s licensors.
    6. User Content
      1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to G13 Studios that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.Solely for purposes of providing the Services, you hereby grant to G13 Studios a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, G13 Studios does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
      2. G13 Studios exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through G13 Studios's computers, network hubs and points of presence or the Internet. G13 Studios does not monitor User Content. However, you acknowledge and agree that G13 Studios may, but is not obligated to, immediately take any corrective action in G13 Studios’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that G13 Studios shall have no liability due to any corrective action that G13 Studios may take.
    7. Third Party Products and Services
      1. Third Party Providers
        1. G13 Studios may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. G13 Studios does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. G13 Studios is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
      2. G13 Studios as Reseller or Licensor
        1. G13 Studios may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-G13 Studios Products"). G13 Studios shall not be responsible for any changes in the Services that cause any Non-G13 Studios Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-G13 Studios Products, either sold, licensed or provided by G13 Studios to you will not be deemed a breach of G13 Studios's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-G13 Studios Product are limited to those rights extended to you by the manufacturer of such Non-G13 Studios Product. You are entitled to use any Non-G13 Studios Product supplied by G13 Studios only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-G13 Studios Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-G13 Studios Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
      3. Third Party Websites
        1. The Services may contain links to other websites that are not owned or controlled by G13 Studios ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
    8. Prohibited Persons (Countries, Entities, And Individuals).
      1. The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services.  Unless otherwise provided with explicit permission, G13 Studios also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
    9. Account Security and G13 Studios Systems.
      1. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
      2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. G13 Studios may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
      3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. G13 Studios may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
      4. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by G13 Studios of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, G13 Studios may clean-up your account for an additional fee.
      5. G13 Studios reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
    10. HIPAA Disclaimer. We are not "HIPAA compliant."
      1. You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. G13 Studios does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that G13 Studios is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact G13 Studios via telephone.
    11. Compatibility with the Services
      1. You agree to cooperate fully with G13 Studios in connection with G13 Studios's provision of the Services. It is solely your responsibility to provide any equipment, software, or credentials that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, G13 Studios is not responsible for any delays due to your failure to timely perform your obligations.
    12. Billing and Payment Information
      1. Payment Methods
        1. Acceptable payment methods include: Credit card, debit card, electronic check, and PayPal.
      2. Prepayment
        1. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
      3. Automatic Renewal
        1. Unless otherwise provided, you agree that until and unless you notify G13 Studios of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
      4. Taxes
        1. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to G13 Studios's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
      5. Late Payment
        1. All invoices must be paid within five (5) days of the invoice due date. Any invoice that is outstanding for more than five (5) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, G13 Studios may suspend or terminate your account and pursue the collection costs incurred by G13 Studios, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. G13 Studios will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
      6. Domain Registration/Transfers
        1. G13 Studios provides domain registration and covers associated domain fees for client domains. It is required for users to transfer their domain to G13 Studios prior to service. If at any point a client cancels their contract, G13 Studios will transfer their domain to another account, or another registrar upon request of the client. This may be confirmed by creating a support ticket from your register client account at http://clients.G13 Studios.com.
      7. Fraud
        1. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. G13 Studios may report any such misuse or fraudulent use, as determined in G13 Studios’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
      8. Invoice Disputes
        1. You have ninety (90) days to dispute any charge or payment processed by G13 Studios. If you have any questions concerning a charge on your account, our billing department directly for assistance.
    13. Cancellations and Refunds
      1. Money-back Guarantee.
        1.  Clients must terminate their services with G13 Studios within sixty (60) days of their scope approval to be considered eligible for the “Money-Back Guarantee”). Requests for these refunds must be made in writing or via email to the G13 Studios Support Team. Refunds will not include administrative fees, setup fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period. You will, upon your written request to the G13 Studios Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all non-setup fees paid by you to G13 Studios for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of this, Section 13.
      2. Refund Eligibility.
        1. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
      3. Non-refundable Products and Services.
        1. There are no refunds on setup fees, administrative fees, custom software development, design services outside of your approved project scope, and install fees for custom software.
      4. Cancellation Process.
        1. You may terminate or cancel the Services by giving G13 Studios thirty (30) days written notice via email or phone call from the registered administrator or account owner. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) G13 Studios may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, and applicable taxes, provided that you are not in breach of this Agreement. Once we receive your cancellation and have confirmed all necessary information, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a confirmation number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with your confirmation number stating that your request has been received. G13 Studios will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require all cancellations to be done through our support portal to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
      5. Domains.
        1. G13 Studios will not provide refunds for any domain related charges or fees unless otherwise noted.
      6. Foreign Currencies.
        1. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and G13 Studios is not responsible for any change in exchange rates between the time of payment and the time of refund.
      7. Termination
        1. G13 Studios may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm G13 Studios or others or cause G13 Studios or others to incur liability, as determined by G13 Studios in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, G13 Studios shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, G13 Studios may charge you for all fees due for the Services for the remaining portion of the then current term.
      8. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED AFTER 30 DAYS.
    14. CPU, Bandwidth and Disk Usage
      1. Permitted CPU and Disk Usage.
        1. All use of hosting space provided by G13 Studios is subject to the terms of this Agreement and the Acceptable Use Policy.
          1. Hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. G13 Studios expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. G13 Studios may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of G13 Studios’s terms and conditions.
      2. Bandwidth Usage.
        1. Users are not limited in their bandwidth allowance. However, user usage is subject to our Acceptable Use Policy.
    15. E-Mail
      1. Content
        1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services. G13 Studios shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will G13 Studios be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. G13 Studios has no obligation to monitor the content transmitted via the Services.
      2. Usage Limitations and Account Provisions
        1. You acknowledge that G13 Studios may introduce general practices and limits toward use of the e-mail Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, and the maximum disk space in accordance with the G13 Studios's Acceptable Use Policy. You agree that G13 Studios is not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services. You further acknowledge that G13 Studios retains the right to change these general including but not limited practices and limits at any time. Outgoing emails are limited to 250 per user, per day. We may increase/decrease this limit at our sole discretion, if your account confidence should be confirmed.
      3. Storage and Security
        1. You are responsible for security of Your password. G13 Studios will not change passwords to any account without proof of identification, which is satisfactory to G13 Studios, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that G13 Studios will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will G13 Studios be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless G13 Studios from any and all claims arising from such ownership disputes. At all times, You shall bear full risk of loss and damage to Your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) ensure the security, confidentiality and integrity of Your email content transmitted through or stored on G13 Studios servers; and (iii) ensure the confidentiality of Your password. G13 Studios shall have no liability to You or any other person for Your use of G13 Studios products and/or services in violation of these terms.
      4. Backups
        1. G13 Studios servers of Service are backed up weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration and internal purposes only. It is Your responsibility to maintain local copies of your account content and information unless otherwise specified. If loss of data occurs due to an error of G13 Studios, We will attempt to recover the data for no charge. If data loss occurs due to Your negligence in securing Your account or by any other Your action, G13 Studios may attempt to recover the data from the most recent archive for a $250.00 fee.
      5. SPAM POLICY: USER OBLIGATIONS AND PREVENTATIVE MEASURES
        1. By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of "Netiquette". We may take preventative or corrective actions, at Our sole discretion, in response to any of the activities described in this G13 Studios Email Terms of Service agreement, along with any activities that contradict the spirit of this TOS or the nature of the Internet as an open, efficient method of communicating and conducting business. G13 Studios provides email services to clients as a part of their unlimited hosting package. All users are responsible to follow the G13 Studios SPAM Guide to prevent receiving SPAM. In the event a user is targeted for SPAM, we have recommended guidelines that users should follow to help resolve these issues. While G13 Studios does provide SPAM assessment tools, G13 Studios is not responsible for an individual user's email content or SPAM. G13 Studios cannot control who, when, or why someone is targeted for SPAM. G13 Studios does not sell any customer information to any vendor at any time.  SPAM messages remaining in your SPAM folder longer than thirty (30) days will be removed from the server.
      6. Prohibited Activities
        1. By using any Services, provided by G13 Studios You agree not to misuse the Services. For example, you must not and must not attempt to:violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
        2. make, attempt or allow any unauthorized access to G13 Studios website, servers, Your own account or the account of any other customers of G13 Studios.
        3. cause denial of service attacks, port scans or other endangering and invasive procedures against G13 Studios servers and facilities or the servers and facilities of other network hosts or Internet users.
        4. upload or transmit unacceptable material which includes: IRC bots, warez, filedump, Escrow, High-Yield Interest Programs (HYIP), sale of any controlled substances without providing proof of appropriate permit(s) in advance, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
        5. engage in or to instigate actions that cause harm to G13 Studios or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc. G13 Studios reserves the right to refuse service to anyone upon Our discretion. Any material that in G13 Studios judgment is either obscene or threatening is strictly prohibited and will be removed from G13 Studios servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of the Terms of Service or Acceptable Use Policy is found, G13 Studios will take corrective action upon Our own discretion and will notify You. Our decision in such a case is binding and final, and cannot be a subject of a further change. G13 Studios cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to G13 Studios or any other third party. We have the right to terminate each and any account that has been locked for abuse reason for more than 14 calendar days after the lock date, unless You have taken corrective measures to remove the initial lock threat or violation. Any backup copies of the email account will be permanently deleted upon termination with no refund. G13 Studios will not be liable for any loss or damages in such cases.
        6. violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
        7. probe, scan, or test the vulnerability of any system or network;
        8. breach or otherwise circumvent any security or authentication measures;
        9. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any part of the Services;
        10. plant malware or otherwise use the Services to distribute malware;
        11. access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
        12. publish anything that is fraudulent, misleading, or infringes another's rights;
        13. promote or advertise products or services other than your own without appropriate authorization;
        14. impersonate or misrepresent your affiliation with any person or entity;
        15. publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
        16. violate the law in any way, or to violate the privacy of others, or to defame others.
      7. Normal operation and provision of the Services does not imply G13 Studios interfering or monitoring of the content associated with the Services, but You acknowledge that G13 Studios has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by G13 Studios, in its sole discretion, to be otherwise objectionable.
      8. Anti-SPAM Policy
        1. You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to G13 Studios. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. G13 Studios prohibits the following activities listed without limitation hereunder:
          1. Usage of the G13 Studios network and systems to receive replies to unsolicited mass e-mail messages.
          2. Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
          3. Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
          4. Forgery of e-mail headers (i.e. "spoofing").
          5. Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
          6. Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
          7. Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
          8. Engagement in spamvertising or provision of any services that support spam.
          9. Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
          10. Advocating any activities prohibited by this Agreement.
        2. If We determine any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a $500 charge upon Your account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of Our Services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.
    16. Uptime Guarantee
      1. If your website has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of G13 Studios and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.  Please reach out to your account manager to assess your personal situation.
    17. Price Changes
      1. G13 Studios reserves the right to change prices, the monthly payment amount, or any other charges at any time. It is your sole responsibility to review billing invoices and information provided by G13 Studios through the user billing tool or through other methods of communication, including notices sent or posted by G13 Studios.
    18. Coupons
      1. Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards future purchase unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
    19. Limitation of Liability
      1. IN NO EVENT WILL G13 STUDIOS ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF G13 Studios IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, G13 Studios'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO G13 Studios FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
    20. Indemnification
      1. You agree to indemnify, defend and hold harmless G13 Studios, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
    21. Arbitration
      1. By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by G13 Studios and will be held at the AAA location chosen by G13 Studios in Nebraska. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, G13 Studios will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and G13 Studios alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against G13 Studios in violation of this paragraph, you agree to pay G13 Studios’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
    22. Independent Contractor
      1. G13 Studios and Client are independent contractors and nothing contained in this Agreement places G13 Studios and Client in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
    23. Governing Law; Jurisdiction
      1. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Nebraska. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
    24. Disclaimer
      1. G13 Studios shall not be responsible for any damages your business may suffer. G13 Studios makes no warranties of any kind, expressed or implied for the Services. G13 Studios disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by G13 Studios or our employees.
    25. Backups and Data Loss
      1. Your use of the Services is at your sole risk. G13 Studios’s backup service runs every 24 hours and overwrites any of our previous backups every seven (7) days. G13 Studios is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred. Any shared account using more than 20 gigabytes of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
    26. Limited Warranty
      1. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, G13 Studios AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. G13 Studios AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. G13 Studios AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
    27. Disclosure to Law Enforcement
      1. G13 Studios may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
    28. Entire Agreement.
      1. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
    29. Headings.
      1. The headings herein are for convenience only and are not part of this Agreement.
    30. Changes to the Agreement or the Services
      1. G13 Studios may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will notify account owners via email at least thirty (30) days before the changes take effect. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
      2. G13 Studios reserves the right to modify, change, or discontinue any aspect of the Services at any time.
    31. Severability
      1. If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
    32. Waiver
      1. No failure or delay by you or G13 Studios to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
    33. Assignment; Successors
      1. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of G13 Studios. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. G13 Studios may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
    34. Force Majeure
      1. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
    35. Third-Party Beneficiaries
      1. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
    36. Contract Length & Notice to Cancel
      1. Client agrees to a month-to-month contract with G13 Studios to be billed monthly on the 1st of each calendar month.
      2. Client may opt-out of their contractual obligation to G13 Studios by providing 30-day notice, once sitxy (60) days from the original contract date has elapsed. If the client fails to provide 30-day notice, client will be billed until sufficient notice has been given to G13 Studios.
      3. G13 Studios reserves the right to deny or cancel hosting services at any time with or without warning.
    37. Intellectual Property/Design Rights
      1. G13 Studios retains all creative rights to web designs until clients have completed their contractual agreement. In the event a client decides to cancel their contract with G13 Studios, all intellectual property rights of G13 Studios content remain property of G13 Studios.
      2. If at any point, the client decides to cancel their services, but would like to gain rights to the design, the client will be invoiced remaining monthly charges left on the agreement in a single invoice to be paid in full by the client.
      3. Clients may obtain rights to the design created by G13 Studios by either A) Completing their contractual agreement, or B) Completing a "early-termination with rights" agreement, at which time G13 Studios will provide a cost, totaling no more than the original cost of the 48-month agreement.

 

Last Revision: September 21, 2015

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