Legal Information

Modifications

Gearhead Host reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed Gearhead Host may reasonably make to this agreement when such changes are made. If you have purchased services or software from Gearhead Host, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

You agree that you will be responsible for notifying Gearhead Host should you require to terminate your use of Gearhead Host services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date.

Privacy

Gearhead Host.com, will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations. Should we need to contact you directly regarding your specific account or service we will do so via email only.

Satisfaction Guaranteed

30 Day Guarantee Statement for Shared Accounts. If for any reason you are unhappy with the services you receive from Gearhead Host 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 our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Gearhead Host, this process may sometimes be delayed. When signing up for our service, if you save what you choose for your client area username and password, then you can resend the emails to yourself if for any reason they do not arrive.

Domain Names and Domain Transfers

In order for your domain name to point to the Gearhead server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. That process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to Gearhead Host and away from your original registrar. You must create an account at GearheadHost.com and initiate a transfer. A domain transfer is $15.00 and that goes toward one year of registration with Gearhead Host, added on to your current registration period with the previous registrar.

Domain Transfer Requirements
1. Domain must not be expired with the current registrar
2. Domain must not be locked
3. Administrative contact email address on the domains WHOIS record is active and checked by domain owner
4. Domain is more than 60 days old from date of initial registration
5. Must have the correct EPP key (obtained by the current registrar)

Gearhead Host will take necessary steps to register new domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Gearhead Host does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Payments

At this time we only accept Paypal payments (but can not charge Paypal accounts automatically). All hosting packages will be due for renew on the 1st of each month. All hosting plans renew automatically and payments will incur unless you submit proper cancellation of your account through the client area.

Late Payments If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that Gearhead Host.com holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Shared accounts 15 days past due will incurr a $5.00 USD late fee. In the event that your scheduled charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account. Any debt not paid will be forwarded to a collections agency and the necessary fees will be applied. Please address any questions regarding payment to our billing department via our HelpDesk (http://client.gearheadhost.com)

In the event that a client issues a chargeback or reversal of charges without first following the above cancellation policy, the customer will be responsible for a $15.00 billing service fee.

Cancellations

Shared Accounts - If you wish to cancel your services, you must file your request via our cancellation form 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, we can not guarantee that you will not be charged for the proceeding month/year. You will then be liable for payment of the proceeding month/year and hereby agree to complete payment as invoiced accordingly.

The form is located in your client area:
Gearhead Host Client Area

Early termination of 12-month contracts
In the event that a client who signed up for contracted services (1 year increment) and terminates services before the contracted period has ended, the client will receive a pro-rated refund (Calculated at the monthly rate for your package) for any remaining time on their contract. Pro-rated refunds may include deductions for domain fees and the service charges listed below:

Basic: $3.00
Advanced: $5.00
Supreme: $10.00

If you cancel your account and your payments still continue for any reasons such as 1) by fault of Gearhead Host staff 2) by fault of the credit card 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.

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.

If, for any reason, Gearhead Host.com fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces GearheadHost.com 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.

Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourge to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Content

We prefer that you self-govern your content and remain responsible and all-knowing of your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if GearheadHost.com is made aware of any questionable content on a Gearhead Host-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Gearhead server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

Gearhead Host.com, 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 Gearhead Host.com, LLC be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at abuse@gearheadhost.com.

Resource Abuse

Introduction

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and Gearhead Host does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU and memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU and memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

Average Server Resource Limits

Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

Suspensions

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by emailing our abuse department at abuse(@gearheadhost.com).