Terms and Conditions of Service

By using Grendelfly Studio LLC services you accept and will be bound by the Terms and Conditions specified. These Terms and Conditions may be updated from time to time without any prior notification. If you do not agree to any subsequent changes in our Terms and Conditions, your only recourse is to cancel your account. It is your obligation to review these Terms and Conditions periodically. Please read these terms and conditions carefully before accepting. If you do not wish to be bound by these terms and conditions, you may not purchase or utilize our services.

ACCEPTABLE USAGE POLICY (AUP)

This AUP governs the use of Grendelfly Studio LLC's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Grendelfly Studio LLC regarding the interpretation of this AUP, Grendelfly Studio LLC's interpretation, in its reasonable commercial judgment, shall govern. This AUP is not intended to encompass all possible unacceptable uses of Grendelfly Studio LLC's hosting services. Further to this, Grendelfly Studio LLC reserves the right to determine what constitutes unacceptable use of Grendelfly Studio LLC services and we reserve the right to take action at our sole discretion. If you have any questions regarding this AUP, contact hello@grendelfly.com.

OFFENSIVE CONTENT

You may not publish or transmit via Grendelfly Studio LLC's service any content that Grendelfly Studio LLC reasonably believes:

constitutes child pornography;
constitutes pornography;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person's privacy;
creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person's trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Grendelfly Studio LLC; or is otherwise malicious, fraudulent, or may result in retaliation against Grendelfly Studio LLC by offended viewers.

Content "published or transmitted" via Grendelfly Studio LLC's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Grendelfly Studio LLC.

SECURITY

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

MATERIAL PROTECTED BY COPYRIGHT

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
you are otherwise permitted by established United States copyright law to copy the work in that manner.

Grendelfly Studio LLC will terminate the service of repeat copyright infringers.

COPYRIGHT INFRINGEMENT NOTICE (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Grendelfly Studio LLC network, please send your written notice of copyright infringement to:

Grendelfly Studio LLC
PO Box 1301
Pensacola, FL 32591

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Grendelfly Studio LLC to locate the material;
Information reasonably sufficient to permit Grendelfly Studio LLC to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

OTHER

You must have valid and current information on file with your domain name registrar for any domain hosted on the Grendelfly Studio LLC network.

INTERNET ABUSE

You may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Grendelfly Studio LLC and its customers) without express authorization of the owner of the system or network;
monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the Grendelfly Studio LLC's network.
Use of Grendelfly Studio LLC's network in a way that unreasonably interferes with Grendelfly Studio LLC's other customers use of the network

DISCLAIMER

Grendelfly Studio LLC is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Grendelfly Studio LLC network.

Inquiries regarding this policy should be directed to hello@grendelfly.com.

SPAM POLICY

Grendelfly Studio LLC prohibits the use of Grendelfly Studio LLC’s services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You or your clients may not use any Grendelfly Studio LLC services to send Spam. You or your clients also may not deliver Spam or cause Spam to be delivered to any of Grendelfly Studio LLC’s services or customers.

In addition, e-mail sent, or caused to be sent, to or through the Grendelfly Studio LLC’s services may not:

use or contain invalid or forged headers
use or contain invalid or non-existent domain names
employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
use other means of deceptive addressing
use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
contain false or misleading information in the subject line or otherwise contain false or misleading content
fail to comply with additional technical standards described below; otherwise violate Grendelfly Studio LLC’s Terms of Use.

Grendelfly Studio LLC does not authorize the harvesting, mining or collection of e-mail addresses or other information. Grendelfly Studio LLC does not permit or authorize others to use Grendelfly Studio LLC services to collect, compile or obtain any information about its customers or subscribers, including but not limited to client e-mail addresses, which are Grendelfly Studio LLC's confidential and proprietary information. Use of Grendelfly Studio LLC services is also subject to Grendelfly Studio LLC’s Terms of Service.

Grendelfly Studio LLC does not permit or authorize any attempt to use our Client Services in a manner that could damage, disable, overburden or impair any aspect of any of our Client Services, including the transmission of bulk e-mail whether to knowing or unknowing recipients.

If Grendelfly Studio LLC believes that unauthorized or improper use is being made of any Grendelfly Studio LLC service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Grendelfly Studio LLC may immediately terminate any account on any Grendelfly Studio LLC server which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, Grendelfly Studio LLC servers. Failure to enforce this policy in every instance does not amount to a waiver of Grendelfly Studio LLC’s rights.

SERVER USE POLICY

Grendelfly Studio LLC hosting plans are to be used by the primary owner only. Clients are not permitted to resell, store or give away web-hosting services of their website to other parties, unless they have prior permission from Grendelfly Studio LLC. Grendelfly Studio LLC reserves the right to refuse service and / or access to its servers to anyone it deems necessary. All services provided by Grendelfly Studio LLC may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any federal, state, or local law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Grendelfly Studio LLC servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming, cracking or hacking will result in your site being shut down and all your files deleted without warning. Adult content is not allowed. We DO NOT allow Internet-Relay-Chat ("IRC") or IRC bots to be operated on our servers. Grendelfly Studio LLC will be the sole arbiter as to what constitutes a violation of this provision.

BACKUP POLICIES

All account data backups are the account holder's responsibility. Grendelfly Studio LLC is NOT responsible for your data backup or subsequent loss. We recommend purchasing a dedicated server with redundant drives for mission critical websites or systems that require absolute redundancy.

PAYMENT POLICIES

Grendelfly Studio LLC reserves the right to change prices of accounts or services at any time. Invoices will be generated up to 15 days in advance of the due date. Prepayment is due every anniversary month following the date the account was established.

Cancellation requests must be sent to billing@grendelfly.com at least five business days prior to your next billing date. We will reply with an email confirmation that you must confirm or your account cancelation will not be processed.

Grendelfly Studio LLC reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request.

All invoices will be sent directly to clients via email.

CANCELLATION AND REFUNDS

Grendelfly Studio LLC reserves the right to cancel a client's account at any time, if it is found that the client contravened Grendelfly Studio LLC's terms of service. The clients account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time.

We provide a 30 day money back guarantee on all our hosting plans.

If a client cancels during the initial 30 days the client will receive a full refund of all hosting charges and all set-up charges. We cannot, under any circumstances, provide refunds on domain name purchases as they are purchased through a third party and registered with the purchaser.

INDEMNIFICATION

Client agrees that under no circumstances, will Grendelfly Studio LLC, or its parent companies or affiliated companies be held liable for damages exceeding the actual amount paid by a customer.

Client agrees to use all Grendelfly Studio LLC services and facilities at their own risk.

Client agrees that it shall defend, indemnify, save and hold Grendelfly Studio LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Grendelfly Studio LLC, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. client agrees to defend, indemnify and hold harmless Grendelfly Studio LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Grendelfly Studio LLC's servers; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to client from Grendelfly Studio LLC's server.

DISCLAIMER

Grendelfly Studio LLC will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. Grendelfly Studio LLC makes no warranties of any kind, expressed or implied for services we provide.

SERVICE INTERRUPTIONS

Grendelfly Studio LLC shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. Customer understands and agrees that occasional temporary interruptions of any Services may occur as normal events in the provision of the Services. Under no circumstances will Grendelfly Studio LLC be held liable for any financial or other damages due to such interruptions. In no event shall Grendelfly Studio LLC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

SEVERABILITY

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW AND JURISDICTION

Grendelfly Studio LLC operates in Escambia County, Florida. By accessing our services and website, you and Grendelfly Studio LLC agree that all matters relating to access to, or use of, our services and web site shall be governed by the laws of the State of Florida, USA.