Terms of Service (TOS)
Privacy
GempakBox Network Solutions will not sell, distribute, reveal, or
otherwise make available any customer information. We contribute our
time and help to anti-spam organizations. We are involved 100% in
prosecuting spammers. Should we need to contact you directly regarding
your specific account or service we will do so via email only. If you
are a member of our forum, you may receive mailings from us, as required
to receive server announcements. You are free to request to not receive
notifications/emails at any time from within your user panel at our
forum.
Satisfaction Guaranteed
30 Day Guarantee Statement
Shared and Reseller Accounts
If for any reason you are unhappy with the services you receive from
GempakBox Network Solutions during the first 30 days of service, you may
request in writing via email or by our cancellation form (as mentioned
below) that your services be discontinued at which time you will receive
a full refund. You must also state a detailed reason as to why you are
cancelling (as we request for any cancellation, no matter the time
frame). We are the sole arbiter as to if your reason is a valid reason
and if all possible steps were taken on your side and on ours to correct
the situation causing the interest to cancel.
New Accounts
All new web hosting accounts purchased on are not set up instantly by
our system. It will be needing activation by a team member pending
security check and you will receive two (2) emails including login
details after your purchase activation. Due to unforeseen complications
with various mail servers and any connection problems between your ISP
and GempakBox Network Solutions, this process may sometimes be delayed.
Cancellations
Reseller Accounts - If you wish to cancel your services, you must write
to sales or request a Cancellation from your clientarea.
If you cancel your account and your payments still continue for any
reasons such as 1) by fault of GempakBox Network Solutions staff 2) by
fault of the payment processor 3) by fault of any other payment
collection company we are not responsible for any overdraft fees that
are issued by your financial institution.
Overage Charges
Our service plans are designed to accommodate the majority of usage
scenarios given the needs of our customers. However, your usage may vary
and require additional allocations, specifically in the areas of storage
and traffic. We will never charge your card automatically if your
account requires more resources. You must keep your email address
updated within your cPanel, so that you may receive an email when your
account reaches certain limits determined solely by our system, ie.
bandwidth exceedment warning at 80% at which time you may contact us to
purchase a higher transfer quota for your account. If you do not contact
us, the system will suspend your site if your allotments exceed.
Refunds/Account Termination
If, for any reason, GempakBox Network Solutions fails to deliver said
services, a prorated refund will be issued. No refunds will be issued if
abuse of our stated policies forces GempakBox Network Solutions to
suspend or terminate your services prematurely.
In the event you request account cancellation, once your service has
been cancelled your account will be suspended from use. It will then be
deleted within 30 days. If for any other reason your account becomes
suspended and remains suspended it will be deleted after a 30-day
period.
Content
GempakBox Network Solutions believes in freedom of speech; however, any
content (written, visual, or implied) in the following areas will not be
tolerated and is grounds for immediate suspension of service (in most
cases customer will be allowed a zip file of their files): racism or
prejudice due to color, creed, or belief; profanity or obscene language
towards anyone but yourself; any violent/malicious content. We do allow
legal adult content. We prefer that you self-govern your content and are
responsible as to what your website provides. We do not have the
resources and time needed to govern our servers constantly which have
growing and evolving content. However, if GempakBox Network Solutions is
made aware of any questionable content on a GempakBox Network
Solutions-hosted site, we will address the concerns directly with you
and seek an amiable resolution. If anyone contacts us about content they
have found on a GempakBox Network Solutions server that copyrights their
own material or that they wish to be removed, we require legal
documentation to take any further action. We do not allow Web Proxy
Services / Scripts on our Server. No remote uploading/processng scripts
usage like rapidleech, Phpmusicsearch, rapidshare premium link generator
etc etc are not allowed in our server. Torrent seeding using torrentflux
or similar script may also cause a suspention in our network
immediately. You are also not allowed to host an Image Hosting site with
us which takes lots of cpu resources and abuse the server memory.
Altough, we do allow video streaming using FFMPEG on the server till you
are in the acceptable cpu range, though if malicious material is found
through a complaints from abuse department, certain action will be taken
at an urgent manner.
Opt-in Email Marketing
If you choose to engage in marketing your site and/or services via email
please heed the following. The only permitted form of email marketing is
that in which the list is “opt-in”. By definition, opt-in is where
people provide you with their email address specifically requesting to
be on your email list for information about your site and/or service. If
we find your account trasnmitting email to persons that did not
authorize such activity, that is grounds to suspend and terminate your
site. Note: On the flip side, the joining of an opt-in email list does
not guarantee the legitimacy of such a list. Please contact us before
taking any steps so that you will not be a victim of spam from second
and third parties of such lists.
UCE, UBE, Spam
GempakBox Network Solutions has a zero tolerance policy regarding
unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also
known as “spam”. The definition of spam:
An electronic message is “spam” IF: (1) the recipient’s personal
identity and context are irrelevant because the message is equally
applicable to many other potential recipients; AND (2) the recipient has
not verifiably granted deliberate, explicit, and still-revocable
permission for it to be sent; AND (3) the transmission and reception of
the message appears to the recipient to give a disproportionate benefit
to the sender.
You will be cited with “UCE/UBE Abuse” if you send any email to persons
who have not specifically asked to receive email from you. The sending
origin of such email is irrelevant. Upon confirmation of abuse, any
GempakBox Network Solutions customer engaging in this practice will have
their service suspended. Not only does spam place a strain on the server
that can negatively effect that server’s uptime record and performance
record, you subject that server to the possibility of being blacklisted.
If your site will be sending mailings out to subscribers, this is a
checklist of what you are required to do:
# You must not try to hide, forge or misrepresent the sender of the
e-mail and sending site of the e-mail.
# Bulk mailings must specifically state how the persons’ e-mail
addresses were obtained and must indicate the frequency of the mailing.
# Bulk mailings should contain simple and obvious unsubscribe
mechanisms. We recommend that this be in the form of a working link to a
one-click unsubscribe system; however, a valid “reply to:” address may
be used instead.
# All subscription based e-mail must have valid, non-electronic, contact
information for the sending organization in the text of each e-mail
including either a phone number or physical mailing address.
# All bulk e-mail must be solicited, meaning that the sender has an
existing and provable relationship with the e-mail recipient and the
recipient has not requested not to receive future mailings from the
sender. Documentation of the relationship between the sender and the
recipient must be made available to AOL upon request.
Prohibited Uses of GempakBox Network Solutions Hosting Systems and
Services Regarding Spam
# Sending Unsolicited Bulk Email (”UBE”, “spam”). The sending of any
form of Unsolicited Bulk Email through GempakBox Network Solutions
servers is prohibited. Likewise, the sending of UBE from another service
provider advertizing a web site, email address or utilizing any resource
hosted on GempakBox Network Solutions servers, is prohibited. GempakBox
Network Solutions accounts or services may not be used to solicit
customers from, or collect replies to, messages sent from another
Internet Service Provider where those messages violate this Policy or
that of the other provider.
# Running Unconfirmed Mailing Lists. Subscribing email addresses to any
mailing list without the express and verifiable permission of the email
address owner is prohibited. All mailing lists run by GempakBox Network
Solutions customers must be Closed-loop (”Confirmed Opt-in”). The
subscription confirmation message received from each address owner must
be kept on file for the duration of the existence of the mailing list.
Purchasing lists of email addresses from 3rd parties for mailing to from
any GempakBox Network Solutions-hosted domain, or referencing any
GempakBox Network Solutions account, is prohibited.
# Operating an account on behalf of, or in connection with, or reselling
any service to, persons or firms listed in the Spamhaus Register of
Known Spam Operations (ROKSO) database at www.spamhaus.org.
Liabilities
GempakBox Network Solutions , makes no endorsement, claims, or promises
regarding the services offered by our customers and will not be held
liable for any disputes or claims against said customers. In no event
shall GempakBox Network Solutions be liable for any direct, indirect,
incidental, consequential, special and exemplary damages, or any damages
whatsoever, arising from the use or performance of this web site or from
any information, services or products provided through your web site. We
are not responsible for any content on any server in our network and
will not take any action against any questional material or action until
the website in question is brought to our attention by emailing us.
