Terms of Service
Note: If you have already registered a GDEVSOLUTIONS account but choose to not agree to all or any of the following terms and conditions after reading this agreement in full, please call or email GDEVSOLUTIONS accounting to cancel your account.
You (the GDEVSOLUTIONS customer and/or user, hereafter collectively referred to as “you”) agree to purchase and/or use GDEVSOLUTIONS services in accordance with the terms and conditions of this Service Agreement (“Agreement”).
- GDEVSOLUTIONS LLC will exercise no control whatsoever over the content of any informationpassing through it.
- Stated bandwidth(s) apply only to the customer-to-GDEVSOLUTIONS LLC router port attachment. No guarantee of end-to-end bandwidth on the Internet is made.
- You will use GDEVSOLUTIONS LLC services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. This extends to include, but is not limited to: any copyrighted materials, materials or communications prohibited by trade secret.
- As a customer of GDEVSOLUTIONS LLC and a user of our services, you (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless GDEVSOLUTIONS LLC from ANY and ALL claims resulting from the use of the service which causes damage to you or any other party. GDEVSOLUTIONS LLC shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer’s transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer’s data files, programs, or informationthrough accident, fraudulent means or devices, or any other method, even should such access occur as a result of GDEVSOLUTIONS LLC’s negligence. GDEVSOLUTIONS LLC shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer’s responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or GDEVSOLUTIONS LLC.
- GDEVSOLUTIONS LLC will not be responsible for any damages you or your business suffers. GDEVSOLUTIONS LLC makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services we provide. GDEVSOLUTIONS LLC also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by GDEVSOLUTIONS LLC and its employees by its own negligence or your errors or omissions.
- Any and all informationyou obtain through GDEVSOLUTIONS LLC data network services (public and or private) is at your own risk.
- Any and all access to other networks via GDEVSOLUTIONS LLC must be in compliance with all policies and rules of those networks. This applies to any other network that GDEVSOLUTIONS LLC attaches to.
- Rates: Rates are set forth on the GDEVSOLUTIONS LLC Internet Service Order Form. GDEVSOLUTIONS LLC will provide 30 days written notice prior to a change in our base prices. In the event that you do not wish to continue your account paying the changed base price, you, the customer, have 10 days from the date of notification of the effective increase to provide GDEVSOLUTIONS LLC with a written request to terminate services and incur no termination liability. Otherwise, the existing service will be billed at the new base prices. However, you will continue to be responsible for all charges up to 30 days from the date the GDEVSOLUTIONS LLC notice was received.
- Payment (for Dedicated Accounts only): Installation fees and first and last month’s port charges are required to be paid at the time your services are ordered. These fees and charges are non-refundable. Invoices for subsequent months are billed 30 days in advance. Invoices are due in full no later than 35 days after the bill date. After that your service is subject to interruption. If your service is interrupted for non-payment there will be a restoration fee (equal to the installation fee of the service type) to be paid in full and GDEVSOLUTIONS LLC may take up to 30 days to restore service after payment. This policy will be strictly enforced. If you are not able to meet our payment terms please do not apply for services. You, the customer, will pay all sales and use taxes, as well as duties or levies on products and services.
- In the event of default, GDEVSOLUTIONS LLC may retake possession of any and all hardware and/or software it has supplied you, employees and/or agents (before, during and after any sanctions to recover sums of money). In such a case, you will provide GDEVSOLUTIONS LLC full and free access to the hardware and/or software for this purpose. GDEVSOLUTIONS LLC will retain all payments made hereunder, and recover charges you owe as well as any damages GDEVSOLUTIONS LLC may have sustained due to your default. Title and property rights, including all intellectual property rights to services, are and shall remain with GDEVSOLUTIONS LLC whether or not they are embedded in any programming, software and/or hardware.
- You recognize and acknowledge that any and all GDEVSOLUTIONS LLC services and/or products, programming and software used hereunder constitute valuable trade secrets of GDEVSOLUTIONS LLC. You will use your best efforts to protect and keep confidential any and all programming and software used by you, your employees, and/or agents and shall never make any attempt to copy, examine in any way, alter or re-engineer, tamper with, or otherwise misuse such services, programs, hardware, etc.
- Cancellation (for Dedicated Accounts only): GDEVSOLUTIONS may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason.
- Only a written request to terminate service, made in accordance with paragraph 11.c. or 11.d. as applicable to you, relieves you and/or your company from the obligation to pay your charges. An act of default will accelerate payment to be due at once, and any type of credit agreement will be immediately and automatically terminated.
- Long-term service orders are considered to be anything extending over 3 months in length. To terminate long-term service, a company or an individual must provide GDEVSOLUTIONS LLC with 45 days written notice. In case of early termination of any long-term order, the company or individual will pay a lump sum equal to six (6) months charges. There is NEVER a termination charge when a customer upgrades to a higher level of service.
- To terminate month-to-month service, a company or an individual must provide GDEVSOLUTIONS LLC with 30 days written notice. There is NEVER a termination charge when a customer upgrades to a higher level of service.
- You shall provide all necessary preparations required to comply with GDEVSOLUTIONS LLC’s installation, maintenance and operational specifications. Customers will be responsible for all costs of relocation of service once installed by GDEVSOLUTIONS LLC and/or its vendors, and will provide GDEVSOLUTIONS LLC, and its suppliers of communication service and equipment, reasonable access to your premises to perform any acts required by this agreement.
- Physical Equipment and/or Software products that are NOT provided by GDEVSOLUTIONS LLC are the responsibility of the customer, company or individual or both as the limits of the law allows for. GDEVSOLUTIONS LLC will not be responsible for the installation of and/or service on equipment and/or software not provided by GDEVSOLUTIONS LLC. All customers are responsible for the use and compatibility of hardware and software not provided by GDEVSOLUTIONS LLC. In the event that the customer uses hardware and/or software that does impair the customer’s use of GDEVSOLUTIONS LLC services, the customer shall nonetheless be liable for regular payment to GDEVSOLUTIONS LLC. Upon notice from GDEVSOLUTIONS LLC that the hardware and/or software not provided by GDEVSOLUTIONS LLC is causing, or in the sole opinion of GDEVSOLUTIONS LLC, is likely to cause hazard, interference’s or service obstruction, the customer shall eliminate the hazard, interference or service obstruction at once. Customers will, if necessary, pay GDEVSOLUTIONS LLC to troubleshoot problems caused by such equipment and/or software not provided by GDEVSOLUTIONS LLC. GDEVSOLUTIONS LLC will not be responsible if any changes in hardware, software or services cause equipment not provided by GDEVSOLUTIONS LLC to become obsolete, require modification or alteration, or in any other way affect the total performance of GDEVSOLUTIONS LLC on an end-to-end basis and protect the GDEVSOLUTIONS LLC backbone network and those networks attached to the GDEVSOLUTIONS LLC network. In the case of customer-owned hardware and/or software connected to the GDEVSOLUTIONS LLC network, the customer is totally responsible for any and all service to that equipment. GDEVSOLUTIONS LLC, at its option, may supply technical services in the form of consulting and/or service to GDEVSOLUTIONS LLC customers at their request. Such services will be billed out at rates set on the GDEVSOLUTIONS LLC pricing sheet and/or at rates in effect at the time such services are requested. GDEVSOLUTIONS LLC has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, GDEVSOLUTIONS LLC must have free and open access to such lines.
- GDEVSOLUTIONS LLC always reserves the right to change its rates and otherwise modify these Termsand Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted.
- As a GDEVSOLUTIONS LLC customer you may not sell, assign or transfer your service order without the prior written consent of GDEVSOLUTIONS LLC. GDEVSOLUTIONS LLC may at any time sell, assign or transfer this agreement with no notice.
- GDEVSOLUTIONS LLC will not be responsible for performance of its obligations thereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors and will attempt to notify customers in the event of any of the foregoing occurrences. Should such occurrences continue for more than 90 days, GDEVSOLUTIONS LLC or its customers may cancel service for the affected services and/or products with no further liability.
- The provision of GDEVSOLUTIONS LLC services and/or products are subject to GDEVSOLUTIONS LLC’s continuing approval of customer credit-worthiness. All GDEVSOLUTIONS LLC customers shall furnish financial informationupon request as GDEVSOLUTIONS LLC may from time to time choose to re-determine a customer’s credit-worthiness.
- Any legal action arising out of failure, malfunction or defects in GDEVSOLUTIONS LLC’s services or goods shall be brought within a period of one year of the occurrence or is deemed waived.
- If you are declared in default, GDEVSOLUTIONS LLC will have all rights and remedies provided by law. GDEVSOLUTIONS LLC may terminate your account and take any physical equipment and/or software products provided by GDEVSOLUTIONS LLC subject to applicable state law, including the right to enter the premises where the physical equipment and/or software is kept in order to repossess it. You agree to pay GDEVSOLUTIONS LLC’s costs on demand as well as any reasonable attorney’s fees and legal expenses incurred as a result of GDEVSOLUTIONS LLC’s exercise of any default remedies under this agreement.
- SPAM Mitigation. The receipt of unsolicited or unlawful commercial electronic mail messages, otherwise known as SPAM (“SPAM”), adversely affects your use and enjoyment of email services, as well as GDEVSOLUTIONS’s business and its ability to provide email services to you. Accordingly, you agree that GDEVSOLUTIONS may take action on your behalf to mitigate SPAM and you grant to GDEVSOLUTIONS the authority and right to opt-out and/or unsubscribe from receiving any and all SPAM emails, sent by any party to your email address(es). You also grant and assign to GDEVSOLUTIONS the authority and right to take any other action, including legal action, to stop the mailing and/or receipt of SPAM emails to your email address(es), and seek all available legal remedies against responsible parties. GDEVSOLUTIONS’s SPAM mitigation effort may require the preservation and disclosure of the actual SPAM emails directed to your email address, your email address, or if you are in California, your IP address. In most cases, the parties to whom the disclosure is made are already in possession of this information which they used to send you the SPAM (i.e., SPAM emailers, their attorneys,etc.), but disclosure may also be made to attorneys, law enforcement, the court and court personnel. GDEVSOLUTIONS will make every effort to obfuscate any personal identifying information included in the SPAM emails or ensure that any information is protected by a protective order. If you do not wish to have your email address(es) included in the SPAM mitigation effort, it is your responsibility to contact GDEVSOLUTIONS at SUPPORT@GDEVSOLUTIONS.com and opt-out. You may request information from GDEVSOLUTIONS regarding any action taken by GDEVSOLUTIONS described above, which information will not be unreasonably withheld.GDEVSOLUTIONS asks that any email customers located in California notify us via email as we have additional grounds for legal action in that state.
- If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
- GDEVSOLUTIONS LLC’s failure to insist upon your complying with any term or provision of this lease or it’s waiver of any default shall not be construed as waiving any such term or provision and shall not preclude GDEVSOLUTIONS LLC from taking action regarding any subsequent default.
- Governing laws. This agreement shall be governed by the internal laws of the State of Utah.
- THESE TERMSAND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF GDEVSOLUTIONS LLC HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE GDEVSOLUTIONS LLC INTERNET SERVICE ORDER FORM OR WITH A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF UTAH.
- ALL USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.
- Use of GDEVSOLUTIONS LLC services by you as a company and/or an individual constitutes acceptance of these Termsand Conditions in full.