Greenlight Development : Internet and Embedded Development

Greenlight Development's primary objective is to value and support our subscribers wherever, whenever and however possible. Our staff and management will provide the highest level of attention and dedication to all of our subscribers.

In pursuit of our primary objective, Greenlight Development agrees to deliver the agreed upon services, as declared in the Hosting Page, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of Greenlight Development's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Greenlight Development's TOS. Greenlight Development reserves the right to change or modify the TOS at any time.

I. 100% Satisfaction Guarantees:

A. 30-Day Money Back Guarantee
Greenlight Development proudly offers its subscribers a "30-Day Money Back Guarantee.” This guarantee allows subscriber to purchase Greenlight Development’s services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage costs. Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This guarantee can be requested at anytime within the 30-day anniversary of the subscription if subscriber is not satisfied with Greenlight Development’s services. If the 30-day anniversary of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via Greenlight Development’s “Contact Us” form located at this URL:
http://www.greenlightdevelopment.com/contact.php.
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Greenlight Development could improve service.

B. Any-Time Money Back Guarantee
Greenlight Development proudly offers its subscribers an "Any-Time Money Back Guarantee." This guarantee allows subscriber to use Greenlight Development’s services with full confidence and zero-risk. Consequently, subscriber may request a full refund of the current month's fees (not the current billing cycle) and to-date pre-paid fees for future months, less any additional over-usage, setup fees and free domain registration costs (costs of free domain registrations are calculated at the regular cost of the domain registrations). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This “Any-Time Money Back Guarantee” can be requested at anytime that you are not satisfied with Greenlight Development services. A request for this guarantee must be submitted via Greenlight Development’s “Contact Us” form located at this URL:
http://www.greenlightdevelopment.com/contact.php.
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Greenlight Development could improve service.

III. 99.7% Uptime Guarantee:
	Greenlight Development guarantees that your website will be up and running at least 99.7% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Greenlight Development has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Greenlight Development data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Greenlight Development cannot directly influence. To request a service credit due to an uptime concern, please submit a request for this guarantee via Greenlight Development’s “Contact Us” form located at this URL: http://www.greenlightdevelopment.com/contact.php. If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.

IV. Prohibition of Adult Content:
	Subscribers of Greenlight Development’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

V. SPAM and Unsolicited Commercial Email (UCE):
	Greenlight Development takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Greenlight Development may not use, or permit others to use, our network to partake in UCE distribution. Customers of Greenlight Development may not host or permit hosting of sites or information that is advertised by UCE from other networks. Upon notification of an alleged violation of our SPAM policy, Greenlight Development will initiate an immediate investigation. During the investigation, Greenlight Development may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Greenlight Development may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, Greenlight Development reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Greenlight Development will notify law enforcement officials if the violation is believed to be a criminal offense.

VI. Payment:
	Establishment of this service is dependent upon receipt of payment of stated charges by Greenlight Development. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.

VII. Failure to Pay:
	Greenlight Development may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees. A $50 fee will be applied to re-establish service that has been suspended due to non-payment or orher breach of the terms in this document.

VIII. Account Cancellation:
	A subscriber may cancel his/her account at any time using the "Contact Page." http://www.greenlightdevelopment.com/contact.php. If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Greenlight Development could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription.

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

X. Change of Nameservers:
	In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Greenlight Development's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Greenlight Development on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.

XI. Support Boundaries:
	Greenlight Development provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: Greenlight Development provides support related to your service plan’s features’ physical functioning. Greenlight Development does not provide technical support for the subscriber’s customers. The only way to request technical support is to utilize the Contact Page.

XII. Network:

A. IP Address Ownership
If Greenlight Development assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Greenlight Development and the subscriber shall have no right to use that IP address except as permitted by Greenlight Development. Greenlight Development shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Greenlight Development. Greenlight Development reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

B. Bandwidth and Disk Usage
Greenlight Development offers limited disk space and limited other resources, such as email or FTP accounts. The intention of Greenlight Development is to provide a large amount of space and resources for our customer's convenience of not having to worry about disk space or resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Greenlight Development. If a "Fair-Use" breach occurs, Greenlight Development may have to remove files from the subscriber's account in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Greenlight Development may have to take.

C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Greenlight Development’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Greenlight Development will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is not entitled.

XIII. Notification of Violation:

Greenlight Development is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Greenlight Development will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:

1. First violation: Any Subscriber, which Greenlight Development determines to have violated any element of this TOS shall receive an email warning them of the violation. Subscriber’s service is subject to a temporary suspension at Greenlight Development's discretion pending a subscriber's agreement in writing to refrain from any further violations.
2. Second violation: Subscribers, whom Greenlight Development determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.

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

XIV. Suspension of Service or Cancellation:
	Greenlight Development reserves the right to suspend network access to any subscriber if in the judgment of Greenlight Development, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Greenlight Development deems necessary. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.

XV. Miscellaneous Provisions:

Subscriber must provide Greenlight Development real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

1. Greenlight Development takes no responsibility for any material placed on its network by others. Greenlight Development is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Greenlight Development disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
2. Greenlight Development’s subscribers are not permitted to run IRC servers

XVI. Disclosure to Law Enforcement:
	The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Greenlight Development may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

XVII. Indemnification:
	Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

XVIII. Serverability:
	If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XIX. Applicable Law:
	This TOS is subject to the governing laws of the State of Oregon. Courts of competent jurisdiction in Oregon shall hear and decide any disputes.

I Decline

I Accept