Grand Lake Host™ Terms of Service
The Platform is exclusively owned and operated by Grand Lake Host LLC. Grand Lake Host™ and the Grand Lake Host™ Seal are trademarks of Grand Lake Host LLC. Any and Content on the Platform, including but not limited to data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information collectively known as the “Content”, are exclusive proprietary to Grand Lake Host LLC, its affiliates, and/or third-party licensors. “The Grand Lake Host Datacenter” and/or “the Datacenter” and/or “Datacenter” are trade names of Grand Lake Host™ to protect trade secrets about the datacenter used for our services. Certain images and other Content used to represent the Grand Lake Host Datacenter may be symbolic / demonstrative in nature. You agree that any Content uploaded to the Platform irrevocably becomes the sole and exclusive property owned by Grand Lake Host LLC in perpetuity.
The Content is protected by Ohio, United States, and international copyright and trademark laws. Except as stipulated herein, Content may not be modified, copied, reproduced, published, posted, transmitted, distributed, displayed, performed, used to create derivative works from, downloaded, reproduced, transferred or sold without the express prior written consent of Grand Lake Host™. You agree not to copy, download, clone, and/or transfer any files, databases, or any Content, and you agree not to upload / move them to another Service. Such action may result in Grand Lake Host seeking compensation for damages. Reproducing multiple copies of any Content, in whole or in part, for personal use, personal gain, business use, business gain, distribution, or resale is strictly prohibited except with the prior written permission of Grand Lake Host™. The Member is obligated and agrees to comply with any requests to develop and furnish content requested by Grand Lake Host™ in a timely manner. Otherwise, Grand Lake Host™ is fully free to develop this Content on our own to proceed with any and all of our Services and actives.
In order to provide increased value to you, our visitors, and our potential or active Members, the Platform uses WordPress and related plug-ins (http://www.wordpress.org) and WooCommerce (https://woocommerce.com) systems (among others) with Facebook integration (among others) and also might provide links to other sites on the Internet that are owned and operated by third parties and are not affiliated with Grand Lake Host™. Such utilized systems and linked websites are independent from Grand Lake Host™, and Grand Lake Host™ has no control over the integrity and content of such systems and websites. Therefore, Grand Lake Host™ cannot be held liable and makes no warranty or representation in any way as to the accuracy, timeliness and/or completeness of the information contained by such systems or websites. Grand Lake Host™ may request usernames and passwords to various accounts of yours (“Login Credentials”). Sometimes these Login Credentials are necessary for Grand Lake Host™ to perform certain Services. If you provide Grand Lake Host™ with these Login Credentials, you are authorizing Grand Lake Host™ full access to the accounts to which they are associated, full access to any information and functions available therein, and full authorization to perform any operation with these accounts, their information, and their functions as Grand Lake Host™ sees fit in perpetuity. You agree to indemnify and hold harmless Grand Lake Host™ for any Content or activity on the Platform or with any independent services, websites, and accounts through which you had supplied Login Credentials and authorized Grand Lake Host™ to utilize. You agree that Grand Lake Host™ will not be held liable for the ongoing privacy and/or security integrity of any Login Credentials you have supplied to us. You agree to always allow the existence of a WordPress Administrative User and associated login to WordPress on your hosting account (“WP Admin User”) so that Grand Lake Host™ may administer your hosting account, WordPress system, plug-ins, and/or Content. As a Member, you agree to only have at maximum permissions settings as an Editor and/or Shop Editor WordPress user with your Member website (“WP Editor User”). WP Editor User accounts are granted to specific persons part of the Membership or to persons Grand Lake Host™ grants access with at our sole discretion. Yo agree not to share your WP Editor User account and thus grant access to any third party without the awareness and express written permission of Grand Lake Host™. You agree that the existence of any WordPress user accounts, including WP Editor User accounts, to Member websites is solely at the discretion of Grand Lake Host™ and that Grand Lake Host™ can modify, suspend, add, or delete any WordPress user accounts and their associated details and permissions on our Platform at any time. You agree that your Member accounts and/or WP Editor User accounts are a privilege granted to you by Grand Lake Host™ and that you will not use this privilege to deface, delete, or corrupt any web-pages, posts, images, or any Content on the Member website related thereto and any systems related thereto. You agree that this WP Editor User account privilege can be suspended or revoked by Grand Lake Host™ at any time for any reason. Should the Grand Lake Host WP Admin User account be deleted, either deliberately or accidentally, you agree to allow Grand Lake Host™ to restore a backup of your web-account that includes and enables our access to the WP Admin User account for Grand Lake Host™ with all of its administrative powers and privileges, with or without notice to you and under any potential loss in Content / data on your Member website account, and/or you agree to re-create a WP Admin User account for Grand Lake Host™. You also agree to allow a credit in both text and hyperlink to www.grandlakehost.com and/or www.grandlake.host for Grand Lake Host™ (ie: “Site Hosted & Designed by Grand Lake Host” or “Site Hosted by Grand Lake Host” or “Site Powered by Grand Lake Host” or “Site Made by Grand Lake Host” etc…) somewhere notably visible on your Member website (typically at the Footer) and to authorize Grand Lake Host™ to take any steps necessary to implement this credit ourselves and to always ensure this credit is present.
The links which might be placed on our Website and/or Member websites on our Platform are to provide function or information and do not imply our endorsement of the views of that website. As a condition of your continued access to and use of the Platform, you agree to abide by all applicable federal, state and other laws and regulations and the “Code of Conduct” set forth below. Specifically you agree not to:
- Collect or store any information about other users of the Platform, including email addresses, without the express consent of such users
- Create a false identity as the sender of a message, forge headers or otherwise manipulate identifiers with the purpose of disguising the origin of any material transmitted through the Platform
- Attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform, through password mining or any other means
- Interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks
- Use, download or copy, or provide to any person or entity any Platform users directory or other user or usage information or any portion thereof other than in the context of your use of the Platform.
We endeavor to update and keep accurate as much as possible the Content contained on the Platform. However, errors and/or omissions may occur. Therefore this Platform, including the Content and Services provided herein, is being provided without any warranties, express or implied, on an “as is” basis. Grand Lake Host™ does not warrant that the functions on the Platform will be uninterrupted, error free, free of changes, or free of viruses or other harmful components. In no event shall Grand Lake Host™ be liable for any direct, indirect, incidental, special, or consequential losses or damages that result from or in connection with the use of, or the inability to use, the website or any content, services or any product sample obtained through the Platform, even if Grand Lake Host™ has been advised of the possibility of such damages. Grand Lake Host™ may feature individuals or organizations part of our Platform, our Platform marketing, and our Website, namely the Members section and Testimonials, but in no way does this constitute a direct association or endorsement from these individuals or organizations.
Any other terms and conditions governing any product or service on the Platform are provided when you request a product or service. Your order(s) of Platform hosting-related products and services, including but not limited to domain name registrations and transfers, site web-designs, site design WordPress themes, photography, and the intellectual property thereof, are requests for Grand Lake Host™ to exclusively develop and/or purchase, license, and maintain said products and services for Grand Lake Host™ directly, and that all intellectual property therein is or shall immediately and irrevocably henceforth become the sole property or licensed property of Grand Lake Host™. If the Member provides their own Theme that they want Grand Lake Host™ to use, Grand Lake Host™ makes no guarantee to the effectiveness of the Theme or any other warranty. If an issue of any kind arises with a Member-provided Theme and/or the Member requests that Grand Lake Host™ change the Theme to address this issue, changing the Theme will incur a Theme Refresh fee. You agree that only Grand Lake Host™ can update, modify, or change Themes on Member sites. Grand Lake Host™ is under no obligation to return, sell, and/or transfer a domain name transferred to Grand Lake Host™ and its affiliates and/or also used for a Member account / Member website / the Platform back to the Member / former Member unless by terms agreed upon separately and individually between Grand Lake Host™ and said Member / former Member on a case-by-case basis and at the sole discretion of Grand Lake Host™. As a Grand Lake Host™ customer Member, you grant us the right to use your related intellectual property to build and maintain a Member website or Member websites on our Platform that we believe reflect your needs, which includes authorization to use information about you, your image, your business, images related to your business, your business logo, your address, your phone number, and your intellectual property as we see fit for this purpose, for our own marketing and promotional purposes, and generally for our own material gain, in perpetuity, whether or not you are an active Member or cancel your account(s) and/or we suspend and cancel your account(s). If you provided a Testimonial in your name and/or business’s name and/or had Grand Lake Host™ ghost write a Testimonial for you on your behalf with your consent, such Testimonial is granted to Grand Lake Host™ to be used at its discretion in any way, especially for marketing and promotional purposes, in perpetuity. Content that violates the law shall not become property of Grand Lake Host™. Grand Lake Host™ reserves the right to refuse service, alter, update, suspend, reinstate, or terminate any product / service / service product / asset / component on our Platform at any time at our sole discretion, as you may request for or allow products to expire, while Grand Lake Host™ can also optionally retain any related Services thereafter. This includes, but is not limited to, altering our Platform, Website, Member websites, accounts configuration, migrating accounts between servers or configurations (which may cause an automatic password reset of emails for security purposes), domain name management, and other service offerings. Grand Lake Host™ reserves the right to adjust subscription dates and times however we see fit and at any time and as many times as we deem necessary, usually for the purposes of creating a buffer from the original subscription date to prevent loss of service in the event of billing issues or to consolidate client renewals on specific dates for ease of processing and accounting, with or without notice. Grand Lake Host™ reserves the right to augment subscription Service pricing over time, at any time, and at our sole discretion, per individual Member subscription and/or to any and all Member / Member subscriptions, with or without notice to our Members. Updating pricing on our Website can be considered notification to our Members. If you subscribed to a non-Shop tier web-hosting Membership plan with Grand Lake Host™ but add a web shop (such as with WooCommerce) independently, you authorize Grand Lake Host™ to augment your subscription and/or subscription fee to reflect that you are using our Platform for a Shop-tier Membership subscription plan at any time and at our sole discretion and that we may adjust the subscription fee to retroactively collect owed fees per a Shop-tier subscription subsequent to the time we have discovered you had independently added Shop-tier functionality to your hosting account.
Any work hours performed by Grand Lake Host are unrelated to the regular Membership fee, unless Grand Lake Host agrees to cancellation at its sole discretion in which case standard complimentary billable work hours and other fees become retroactively applicable on top of existing paid Membership fees to fulfill any Member termination and exit, as per the Terms of Service. Work hours and the pace of work is ultimately at Grand Lake Host’s availability and sole discretion.
Grand Lake Host™ makes no warranties regarding any product, product samples, or Services on or outside of our Platform. Grand Lake Host™ shall be held harmless from any and all claims, losses, liability, damages, injuries and expenses resulting from or relating to your use of any product, product samples, or services obtained or used through the Platform or through Grand Lake Host LLC.
Non Disclosure: You agree to never publicly or privately disparage Grand Lake Host™, our Services, our Platform, the quality of service / products of Grand Lake Host™, and/or the personnel of Grand Lake Host™ and their character, in any way, in any forum, at any time. You further agree never to disclose any confidential information and/or trade secrets about Grand Lake Host™, its services / products / its Platform, or how it performs / executes / provides its services / products and its Platform.
Grand Lake Host™ reserves the right to modify, delete, and/or discontinue, at any time, temporarily or permanently, any Content, the Website (or any part of the Website), Member websites, any of its Services and/or any of the Content, files, data therein, or anything about the Platform with or without notice. Grand Lake Host™ reserves the right to alter any Member user accounts in any way at any time for any reason. Further, Grand Lake Host™ reserves the right to change these Terms of Service at any time. When we do such updates we revise the updated date at the bottom of this page. Use of the Platform and our Services after any such changes shall constitute your consent to be bound by such changes, especially, but not limited to, if you maintain active Services with Grand Lake Host™.
All Services provided by Grand Lake Host™ may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, “adult only” content material, or material, protected by trade secrets and other statute.
Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites promoting any illegal activity, violence, or Content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:
- Pirated software or copyrighted MP3 files
- Hacking Tools
- Warez sites
- Adult content (in any form)
- Spamming Software
- Web-based shells
Grand Lake Host™ will be the sole arbiter as to what constitutes a violation of this provision.
Grand Lake Host™ designates wholly owned disk space on our Platform for certain Members for their Member website(s) account(s) as part of our Services, is solely in control of the disk space allotment per Member website account, and can change this allotment at any time. So as to optimize server resources and performance and/or for any reason at the sole discretion of Grand Lake Host™, this disk space allotment may differ from allotments advertised on the Website or anywhere else on the Platform and in our marketing as part of certain Membership tier Service plans. Grand Lake Host™ will monitor the Member’s disk usage and if it exceeds a usage we have set for the Member website account, at any time, Grand Lake Host™ shall have the right to take corrective actions. Such corrective actions may include, but are not limited to, direct management of data (including deleting files deemed unnecessary, to which Grand Lake Host™ is the sole judge), assessment and implementation of automatic additional charges to the Member’s payment methods on file or by billing invoice as owed (due immediately upon receipt at the risk of suspension of service or further action), and/or immediate suspension of service and further potential action.
File Sharing Services
Anonymous file sharing services are not allowed on any of our servers.
File sharing services are allowed on VPS servers, as long as they do not support anonymous uploads. For shared servers, file sharing services are allowed for personal and business use only. Grand Lake Host™ reserves its right to revise the operation of each file sharing service run on a shared hosting account, and refuse service for it, if deemed necessary.
New service orders at the Website
By placing an order through the website (“www.grandlakehost.com” / “www.grandlake.host”), a customer account will be created for you, giving access to a WordPress login, where you can manage the purchased services to a limited extent, which can be altered or varied at any time, by Grand Lake Host™ at its discretion.
In good faith, Grand Lake Host™ offers a general 30-day money-back guarantee on our Platform Membership Services, minus processing fees, relevant cost-of-doing-business fees and expenses, tax, and licensed design template / theme expense fees. This may include any optional domain name transfer-out fees we may choose to impose at our sole discretion, as returning / transferring-back / transferring-out transferred domains to us and, as such, to our sole and exclusive ownership and control is not part of the 30-day money back guarantee by default. Such expenses may result in you owing a new, additional balance to Grand Lake Host™ in order to complete the cancellation. After the 30-day money back guarantee period per each client subscription, the client agrees to a minimum of a 12 calendar month commitment to the subscription. If cancellation is under and within 3 calendar months of the 12 calendar month commitment, cancellations incur a full, additional 3 calendar month subscription rate fee. Cancellation does not alter ownership of Content submitted by you or Grand Lake Host to the Platform and granted in perpetuity to Grand Lake Host™. All other service product / product sales transactions are final.
If you wish to cancel your Platform Services Membership within the initial 30-day period for any reason, you must notify Grand Lake Host™ in writing by e-mail at firstname.lastname@example.org or via the email of your designated Grand Lake Host™ agent, and a Grand Lake Host™ agent may get back to you to discuss. If we choose to issue the refund, payment will be promptly refunded by electronic means only. If you originally placed an order with cash or check, you forfeit any refund. If you cannot receive an electronic refund, you forfeit any refund. Since all domain registrations and domain transfers are permanent, irrevocable, and non-refundable, they will be subject to an annual registration fee for a separate/standalone domain, according to the Domain pricing list. Therefore, if the customer purchased a Membership plan and/or an included and/or additional domain registration, the domain registration fee will be deducted from the refund amount for each applicable domain name.
No partial or prorated refunds are offered.
If a Member disputes a setup / renewal charge for any account, Grand Lake Host™ may suspend and not re-activate the Service for the Member on our Platform, unless the Member covers all fees involved, including the chargeback fee, any other transaction fees, and any other fees at the sole discretion of Grand Lake Host™.
Accounts terminated due to policy violations will not be refunded.
The purpose of the money-back guarantee is to allow customers enough time to test Grand Lake Host™ Platform Member Services, and/or to be able to reverse possible erroneous payments. Grand Lake Host™ reserves the right to refuse cancellation requests, in cases of a repeating abuse of the money-back guarantee policy – e.g. opening and refunding an account and then opening it again, or making too many cancellation requests for the mere purpose of using a free hosting service.
Should any Member term expire or be allowed to cancel at Grand Lake Host’s sole discretion, Grand Lake Host reserves the right to optionally continue operating any websites and owned domains on our Platform, usually for marketing purposes, despite original Member involvement.
Automatic Service Renewal Policy
Grand Lake Host™ renews certain Services automatically through our Website’s online Shop and its associated payment gateway(s). If a card on file cannot process the automatic renewal for any reason (examples include: card expiration or insufficient funds), Grand Lake Host™ will contact the Member via email. The Member will be expected to promptly make funds sufficient for a retry of the automatic renewal and/or update the card on file and/or re-order the account under a new card (at which point the old subscription will be canceled by Grand Lake Host™ without any pro-rated offering). The Member is ultimately responsible for renewing the Platform Member Services through one of the options given by Grand Lake Host™.
Members are not allowed to open a second Member website account plan for a domain that is already hosted through Grand Lake Host™, unless it is to upgrade / downgrade an existing plan. If the you want to continue hosting a specified domain with Grand Lake Host™, you need to renew the account using one of the renewal options given by Grand Lake Host™.
Domain Registration & Renewal Policy
The pricing of the domain registration services with Grand Lake Host™ are defined in our Website Shop. One domain registration is included with each Membership plan. At our sole discretion, we may transfer more than one necessary domain and manage renewals for those domains at no additional charge or some charge. All domains you have Grand Lake Host register and/or transfer to our Services for you on your behalf or you have transferred to our Services are directly and exclusively registered, owned, and controlled by Grand Lake Host LLC and exclusively part of our Platform.
Per ICANN regulations, the registrant contact details of domain names may require verification. Grand Lake Host™ verifies this on your behalf as part of its service to you. If the contacts were not previously verified for a domain name, a verification message will be sent to the registrant email address(es). The owner will need to follow a verification link within 15 days to avoid disruption of the domain service.
Lost login information policy
In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service.
If the contact e-mail address is outdated or incorrect, the customer should contact email@example.com to request an investigation of the issue.
Accounts that reach their monthly traffic limit may be a subject of automatic site suspension. Also, any accumulated traffic over the monthly limit will be charged additionally in accordance with the characteristics of the plan purchased. If a site is suspended under this provision, and the hosting account is in good standing, the site will be enabled on the first date of the next month, when the traffic counter is reset. In case of failure to cover fees incurred by traffic over-usage, Grand Lake Host™ reserves the right to take corrective actions such as full suspension of the hosting account. In case Grand Lake Host™ takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.
Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.
Background running programs
Programs running in the background are not allowed on our Platform.
To maintain the integrity of our Platform Services, we have several special per-Member account resource limits in place. These include, but are not limited to:
- Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
- CPU usage limitations: Scripts that take too much real CPU time will be terminated.
- Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.
- MySQL disk usage limitations: In cases, in which the integrity of the MySQL service is endangered, the MySQL disk usage of customer accounts may be limited. No limits will be applied to accounts with MySQL disk usage below 3GB.
- Number of inodes limitation: The total number of files, folders, and email messages in a single shared hosting account should not exceed 500,000.
- Number of vhosts limitation: The number of vhosts is determined by several factors, including the number of parked domains on the account, the number of the created subdomains, assigned IP addresses, and installed SSL certificates. Customers with a large number of vhosts (over 1000) might be contacted and asked to reduce their number.
- MySQL connections limit: Each MySQL user cannot exceed a certain number of connections to the MySQL server.
- Mailbox usage: Each mailbox on a shared server is limited to a certain disk space and number of inodes, according to the hosting account plan.
Grand Lake Host™ reserves the right to alter the above limitations and to place additional limits without prior notice if an account endangers the stability or the performance of the hosting server due to intensive resource usage. The additional limits may include, but are not limited to MySQL, memory and CPU usage limitations, and stopping access to directories.
Each hosting account on Grand Lake Host™ servers is meant to be used for one domain, or multiple domains according to the hosting plan. Parked domains are full aliases of the main domain – they display the same site content and share the same mailboxes. If the hosting package does not allow multi domain hosting, pointing parked domains to subfolders or subdomains on the account through .htaccess files or other means is not allowed.
Proxy software and redirection services
We do not allow running of proxy software on our servers. Sites offering shortening URL services are not allowed as well.
Prices on the Grand Lake Host™ website are by default not advertised with Sales Tax. Sales Tax is calculated and added to the Order Total as a single rounded itemized listing in the Grand Lake Host™ website’s Cart and Checkout pages and to the Order processed with all fees transacted therein. Grand Lake Host™ reserves the right to modify/update Sales Tax and its associated rate at its discretion without notice, including applying these changes to existing Member subscriptions, especially in compliance with any applicable laws. Sales Tax is currently based on the headquarters location of Grand Lake Host™ as our ‘store location’ and its associated zip code: 45822 in the state of Ohio in the United States of America.
You agree that these Terms of Service are binding and shall be governed by and construed in accordance with the laws of the state of Ohio and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Ohio. You agree that Grand Lake Host™ shall be empowered to select the venue for any court proceedings. You agree that all terms contained herein are enforceable, that Grand Lake Host™ shall not incur any legal / court fees to enforce them or defend itself, and that you shall reimburse in full and immediately any legal / court fees to enforce these terms or for Grand Lake Host™ to defend itself, no matter how any case is ruled. A printed copy of these Terms of Service and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. Any or all versions, even at the exclusion of other versions, of this Terms of Service used in any court proceedings shall be used at solely the discretion of Grand Lake Host™. The most current version of these Terms of Service supersede all prior versions and any revisions are retroactively binding.
These Terms of Service and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Grand Lake Host™ with respect to the use of the Website, Member websites, Content, Services, and the overall Platform.
Last Updated: April 16, 2020