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GH Productions SSL Certificate Terms of Service & Acceptable Use Policy

1. Overview
1.1. This document explains the Terms of Service and Acceptable Use Policy (herein referred to as TOS/AUP) for any SSL Certificate services provided by GH Productions for the Client/ End User (herein referred to as "you", "your" or "the Client(s)" and appropriate formatives). GH Productions reserves the right to change and/or update this document at any time without notice to you the Client. This link, http://www.ghproductions.com/tos.html, will be provided on our web site as a current version of our TOS/AUP, and this document supersedes all forms of this document previously published by GH Productions.
 
1.2. All Clients using GH Productions services are required to be familiar with this policy and become responsible for its contents. Use of GH Productions services in any form constitutes acceptance of this TOS/AUP and agreement to adhere to it. If you do not agree with these terms in their entirety, then do not use this web site or any of its services. The effective date of this Terms of Service and Acceptable Use Policy is the date of acceptance by the Client for services from GH Productions, and they shall remain in effect until the Client terminates his/her account or GH Productions cancels Client's account. Client may cancel services by giving GH Productions proper notice as directed herein.
 
1.3. GH Productions buys the service from high quality SSL Certificate service provider. In addition to the GH Productions TOS you, the client, are also bound by the TOS of our service providers as indicated in section 2.9.
 
1.4. GH Productions provides Clients with access to a collection of web hosting resources including but not limited to forums, personalized content and branded programming through its network of affiliates, providers and/or sponsors. You, the Client also understand and agree that the service provided by GH Productions may include advertisements and that these advertisements are necessary for GH Productions to conduct business. You, the Client also understand and agree that the service may include certain communications from GH Productions such as service announcements, administrative messages and the GH Productions Newsletter, and that these communications are considered part of GH Productions services. As the Client, you understand and agree that the services provided by GH Productions are "As-Is" and that GH Productions assumes no responsibility for the timeliness, deletion, failed delivery or failure to store any user communications or personalization settings or any files associated with GH Productions’ services.
 
1.5. The Client is also responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider or airtime charges). The Client is responsible for those fees. In addition, the Client must provide and is responsible for all equipment and software necessary to access the service.
 
2. General Use
2.1. This Agreement will become effective when accepted by GH Productions. GH Productions may elect to accept or reject the client’s SSL Certificate registration application for any reason at its sole discretion.
 
2.2. By using the services provided by GH Productions you, the Client, certify that you are at least 18 years of age and have the legal ability to conduct such business.
 
2.3. You, the Client, agree and acknowledge that GH Productions is not liable or responsible in any way for any errors, omissions or any other actions by the SSL Certificate service provider arising out of or related to your application and receipt of, or failure to receive, an SSL Certificate registration.
 
2.4. You, the Client, further agree to indemnify, defend and hold harmless GH Productions and applicable SSL Certificate service provider(s) and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your SSL Certificate registration.
 
2.5. You, the Client agree, during the period of this Agreement, that we, in our sole discretion, with or without notice may:

     2.5.1. revise the terms and conditions of this Agreement; and
     2.5.2. change the services provided under this Agreement.

Any such revision or change will be binding and effective immediately of when the revised Agreement or change to the service(s) is posted on GH Productions web site, or immediately after viewing the revised Agreement on GH Productions website or immediately on notification to you, the Client, by e-mail or United States mail. You, the Client, agree to review GH Productions web site, including the Agreement, periodically to be aware of any such revisions. You, the Client, agree that, by continuing to use the GH Productions services or your continued use of an SSL Certificate registered to you, the Client, through our services shall constitute your acceptance of this Agreement with the new modifications. You, the Client, acknowledge that if you, the Client, do not agree to any such changes, that you may request, by providing GH Productions with notice by e-mail at ghpsupport@ghproductions.com or United States mail at the addresses listed in the contact information found on www.ghproductions.com, that your SSL Certificate registration be cancelled or transferred to a different SSL Certificate service provider. You, the Client, agree that such cancellation or request for transfer will be your exclusive remedy if you, the Client, do not wish to abide by any changes to this Agreement.
 
2.6. In the event GH Productions is for any reason unable to continue providing it services GH Productions will then give notification to its Clients a minimum of fifteen (15) days to transfer all files and pursue another SSL Certificate service provider. GH Productions will not be held liable for any Client data that was not removed by the deadline set by GH Productions. GH Productions will not be responsible for any fees and / or cost associated with transferring your SSL Certificate or any other services provided by GH productions. The client further aggress that GH Productions will not be liable for any (1) suspension or loss of the SSL Certificate registration in the Client’s name, (2) interruption of business, (3) access delays or access interruptions to GH Productions or any applicable registry(s) site or the web site(s) or services the Client accesses by the SSL Certificate registered in the Client’s name, (4) data non-delivery, mis-delivery, corruption, destruction or other modification, (5) events beyond GH Productions control, (6) loss of business. The Client aggress that GH Productions will not be held liable for any indirect, special incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if GH Productions has been advised of the possibility of such damages. In no event shall GH Productions maximum aggregate liability exceed the total amount paid by you the Client for registration of the SSL Certificate (refer to section # 2.9).
 
2.7. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
 
2.8. Any deliberate attempt to cause damage to GH Productions, Third Party Servers/Services or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
 
2.9. The Client also agrees they have read, understand and agree to the TOS of GeoTrust, our Third Party provider for the specific SSL Certificate registration the client purchases, as provided below at:

     a) The Quick SSLTM Subscriber Agreement, located at
     http://www.geotrust.com/resources/cps/pdfs/quickssl_SA.pdf;

     b) The QuickSSL PremiumTM Subscriber Agreement, located at
     http://www.geotrust.com/resources/cps/pdfs/quickssl_premium_SA.pdf;

     c) The TrueBusinessIDTM Subscriber Agreement, located at
     http://www.geotrust.com/resources/cps/pdfs/True_businessid_SA_4.1.pdf;

     d) The TrueBusinessID® Wildcard Subscriber Agreement, located at
     http://www.geotrust.com/resources/legal/terms.htm;

 
3. Payments, Fees and Refund Policy
3.1. As consideration for the SSL Certificate registration services and/or other services provided by GH Productions to the client, the client agrees to pay GH Productions, prior to the effectiveness of the desired SSL Certificate registration, the applicable service(s) fees for the initial registration of the SSL Certificate and, should the client choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your SSL Certificate registration is suspended, cancelled or transferred prior to the end of your then current registration term. The client requested SSL Certificate will not be registered unless GH Productions receives actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by GH Productions in its sole discretion).
 
3.2. As further consideration for the GH Productions service(s), the client agrees to:

     3.2.1. provide certain current, complete and accurate information about you, the Client, as required by the registration process and
     3.2.2. maintain and update this information as needed to keep it current, complete and accurate.
 
3.3. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by GH Productions) in connection with the client’s payment of fees for any services, the client agrees and acknowledge that GH Productions may suspend access to any and all accounts the client has with GH Productions and that all right, title, interest in, and use of any SSL Certificate registration(s) shall be assumed by GH Productions. GH Productions will reinstate your rights solely at GH Productions discretion, and subject to GH Productions receipt of the unpaid fee(s) and GH Productions then-current reinstatement fee, currently set at US $200.00. Charges for services may be identified on your credit card statement as "GH Productions" or under a similar moniker.
 
3.4. The client acknowledges that it is their responsibility to keep your own records and to maintain their own reminders regarding when their registration or other services are set to expire. As a convenience to the client, and not as a binding commitment, GH Productions may notify the client via an email message or via your account information when renewal fees are due. Should these fees go unpaid, the client’s services will expire or be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. If the "auto renew" feature is selected with respect to the services the client has ordered from GH Productions, GH Productions may attempt to renew the client’s registration or other services a reasonable time before expiration, provided the client’s credit card or other billing information is available and up to date. The client acknowledge that it is their responsibility to keep their billing information up to date and that GH Productions is not required to, but that we may, contact the client to update this information in the event that an attempted transaction is not processed.
 
3.5. All monetary transactions are in $US dollars. Additional features can be added at any time. GH Productions reserves the right to change prices and SSL Certificate offerings at any time.
 
4. Account Cancellations, Services Modification and Termination for Cause
4.1. You, the Client, may cancel services at anytime by contacting our Help Desk at ghpsupport@ghproductions.com. You, the Client, must provide your SSL Certificate domain location and a copy of your GH Productions Confirmation/Welcome Email with all of your account details. If you cannot provide GH Productions with the above information, we will not delete that account, for security purposes.
 
4.2. All fees are non-refundable, in whole or in part, even if your SSL Certificate registration is suspended, cancelled or transferred prior to the end of your then current registration term.
 
5. Registration Obligations & Account Information
5.1. In consideration of your use of the GH Productions services, you, the Client, agree to: (a) provide accurate, current, and complete information as may be required for registration of services; (b) maintain the security of your password and identification; (c) maintain and promptly update all registration data, and any information you, the Client, provide to GH Productions, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and registration data.
 
6. Account Security
6.1. GH Productions accounts are for individual Clients providing several password-protected areas for accessing different services offered by GH Productions. The Client therefore agrees not to share the password of the account with others. The Client agrees to maintain a secure password to the account and is responsible for any use of his/her account. The Client agrees not to use any GH Productions or other service provider services to obtain the passwords of other Clients on GH Productions or other systems. The Client agrees not to use GH Productions services to make unauthorized attempts to access any systems and networks.
 
6.2. It is the Clients responsibility to (a) immediately notify GH Productions of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you, the Client, exit from your account at the end of each session where applicable. GH Productions cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
 
7. Intellectual Property Rights
7.1. As the Client you may obtain direct access via the web site to certain confidential information of GH Productions and its suppliers, including without limitation, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with GH Productions and its suppliers.
 
7.2. Except as expressly authorized by GH Productions or by content providers, you the Client agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software GH Productions discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
 
7.3. "GH Productions Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations GH Productions uses in connection with its products and services. You may not remove or alter any GH Production Trademarks, or co-brand your own products or material with GH Productions Trademarks, without GH Productions prior written consent. You acknowledge GH Productions rights in GH Productions Trademarks and agree that any use of GH Productions Trademarks by the Client shall insure to GH Productions sole benefit. You agree not to incorporate any GH Productions Trademarks into your, the Client’s trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with GH Productions services or technologies.
 
8. Agents and Licenses
8.1. You, the Client, agree that, if you, the Client, are registering a SSL Certificate for or on behalf of someone else, you represent that you, the Client, have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein.
 
8.2. You, the Client, agree that if you, the Client, license the use of the SSL Certificate registered to you to a third party, you, the Client, nonetheless remain the SSL Certificate holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the SSL Certificate and SSL Certificate registration.
 
9. Limitation of Liability
9.1. You, the Client, agree to use all of GH Productions services and facilities at your own risk. In no event shall GH Productions be liable to you the Client or any other persons for any loss, or loss of data, or other commercial damage, including but not limited to special, indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort, or otherwise, even if GH Productions has been advised of the possibility of such damages, including without limitation damages due to: (a) The use of or the inability to use the web site or its services; (b) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the web site or services provided; (c) Statements or conduct of any third party on the web site, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content or information you may download, use, modify or distribute. Client agrees that it shall defend, indemnify, save and hold GH Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against GH Productions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. You agree that GH Productions total liability for damages shall be limited to the total fees paid by you to GH Productions hereunder for the one (1) year period prior to any act or omission giving rise to any potential liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, GH Productions liability is limited to the extent permitted by law.
 
10. Indemnification
10.1. The Client agrees to indemnify and hold harmless GH Productions from any claims resulting from the use of GH Productions services that damages the Client or any other party. Client agrees, therefore, not to use these services to conduct any business or activity that is prohibited by United States law. GH Productions assumes no legal liabilities relating to Client’s use. In any legal matters that result from a Clients action, GH Productions is under no obligation to defend itself rather than settle. Any losses suffered by GH Productions to settle or defend legal action, and all civil or criminal penalties inflicted on GH Productions as a result of any Clients act are payable by the Client. Client shall have no defense against prompt and full repayment to GH Productions.
 
10.2. GH Productions makes no representations concerning any attempt to review the content of sites using GH Productions SSL Certificate services, and so GH Productions is not responsible for the accuracy, copyright compliance, legality or decency of material contained in those sites.
 
10.3. GH Productions does not guarantee the accuracy, integrity or quality of posted content. You understand that by using the services that GH Productions under no circumstances will be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by the Client via the web site or services associated with.
 
10.4. You agree that GH Productions has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Client web site.
 
10.5. Client agrees to defend, indemnify and hold harmless GH Productions against liabilities arising out of but not limited to: (a) Any injury to person or property caused by any products sold or otherwise distributed in connection with GH Productions or Third Party services; (b) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (c) Copyright infringement; and (d) Any defective products sold to customer from GH Productions or Third Party services. GH Productions shall be the sole judge of what violates this policy.
 
11. Disclaimer of Warranties
11.1. Clients’ use of the web site and other services provided by GH Productions or Third Party services is at your sole risk unless otherwise explicitly stated. The web site, including information, services and content is provided on an "As-Is", "As-Available" and "With All Faults" basis. GH Productions disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. GH Productions makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of third party services provided.
 
11.2. GH Productions makes no warranty or representation that: (a) The web site services will be uninterrupted, timely, secure, or error free; (b) The results that may be obtained from the use our services will be accurate or reliable; (c) The quality of any products, services, content, information, or other material purchased or obtained from the web site will meet your expectations or requirements; or (d) Any errors in the web site will be corrected.
 
11.3. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the web site, including any damages resulting from computer viruses.
 
12. Right Of Refusal
12.1. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen SSL Certificate or register you, the Client, for other GH Productions service(s), or to delete your SSL Certificate within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your SSL Certificate or register you, the Client, for other GH Productions service(s), or we delete your SSL Certificate or other GH Productions service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You, the Client, agree that we shall not be liable to you, the Client, for loss or damages that may result from our refusal to register or reserve, or delete your SSL Certificate or register you, the Client, for other GH Productions service(s).
 
13. Applicability and General Information
13.1. The TOS/AUP constitute the entire agreement between the Client and GH Productions relating to their subject matter, and cancel and supersede any prior versions of the TOS/AUP. These rules cannot be superseded by any verbal agreements of GH Productions employees or customers. No modification to the TOS/AUP will be binding, unless in writing and signed by an authorized GH Productions representative. The Client must not assign or otherwise transfer the TOS/AUP or any right granted hereunder. The Client may also be subject to additional terms and conditions that may apply when using GH Productions or Third Party products or services.
 
13.2. The Client agrees that any material breach of any sections of this TOS/AUP will result in irreparable harm to GH Productions for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, GH Productions will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. The Client waives any requirement for the posting of a bond or other security if GH Productions seeks such an injunction.
 
13.3. Arizona law and controlling U.S. federal law govern any action related to the TOS/AUP and/or the Client’s use of the web site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. The Client and GH Productions agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona, U.S.A.
 
13.4. Services, Content, and product derived or obtained from this web site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws.
 
13.5. Any express waiver or failure to exercise promptly any right under the TOS/AUP will not create a continuing waiver or any expectation of non-enforcement. If any provision of the TOS/AUP is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the TOS/AUP will remain in full force and effect.
 
13.6. The Client acknowledges and agrees that GH Productions may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS/AUP; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GH Productions, its users and the public.