Terms Of Use

This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. We may also make improvements and/or changes in the services described in this information at any time without notice.

We make no representations whatsoever about any other web site which you may access through this one. When you access a non-Graysmark.net web site, please understand that it is independent from Graysmark Business Systems, LLC, and that we have no control over the content on that web site. In addition, a link to a non-Graysmark.net web site does not mean that we endorse or accept any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

IN NO EVENT WILL GRAYSMARK BUSINESS SYSTEMS, LLC, BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use duplication, disclosure of software, data, process or technology provided to a user of the Department of Defense is subject to “Restricted Rights”, as that term is defined in the DFARS paragraph 252.227-7013 (c) (l), or if the software, data, process or technology is supplied to a user of any unit or agency other than the Department of Defense, the Government rights in such software, data, process or technology will be defined in paragraph 52.227-19 (c) (2) of the FAR.

We reserve the right to refuse service to anyone. Customers may only use a Graysmark Business Systems, LLC, (hereafter “Graysmark”), server for lawful purpose. Transmission of material in violation of any federal, state, or local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Graysmark management. Regardless of the place of signing this agreement, the customer agrees that for purposes of venue, this agreement was entered into in Hamilton County, Indiana, and any dispute will be litigated or arbitrated in Hamilton County, Indiana.

Customer agrees that it shall defend, indemnify, save, and hold Graysmark harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees asserted against us, our agents, 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, its agents, employees, or assigns. Customer agrees to defend, indemnify, and hold harmless Graysmark against liabilities arising out of; (1), any injury to person or property caused by any products sold or otherwise distributed in connection with our server; (2), any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3), copyright infringement, and; (4), any defective products or services sold to customer from our server.

We use the information we collect about you (either specific or in aggregate) to help us maintain accurate accounts, provide and changes services and billing, answer your inquiries, market services, and to help make our service and web site useful to use. The only times we would use or disclose such information is if:

1. • it is required by law;
   • we believe it is necessary to protect the rights and/or property of Graysmark, one of our clients, or a member of the public; or
   • we feel it is necessary with regards to our terms of service.

Establishment of selected service is dependent upon receipt of payment of stated charges by Graysmark. Subsequent payments are due on the anniversary date of the month for that month’s service or the selected billing cycle. Graysmark’s preferred method of payment is credit card. By purchasing services from Graysmark, customer agrees to be placed on a recurring payment plan. Customer’s account will be automatically billed according to the terms of the selected plan. Customer grants Graysmark permission to charge customer’s credit card for any and all services customer requests including, but not limited to, email service.

Graysmark may suspend or terminate service upon the failure of customer to pay charges due. Such termination does not relieve customer of the responsibility for the payment of accrued charges and any collection fees.  If an account is suspended for non-payment, the account will only be reactivated after payment of all overdue fees.

If a check payment received from customer is dishonored for any reason by customer’s financial institution, customer’s payment will be reversed and a $25 returned check penalty will be applied to customer’s account, leaving the balance due and payable immediately.  Outstanding balances are subject to account suspension and cancellation.  An account suspended due to a returned check will only be reactivated after payment of all service and penalty fees.

If customer disputes credit card charges from Graysmark which result in a refund being applied to customer’s credit card, customer’s account will be suspended. The suspended account will only be reactivated once all disputed/refunded fees have been satisfactorily resolved and any and all additional administrative fees incurred by Graysmark as a result of the dispute or charge back request have been paid.

It is a violation of this Agreement for customer to misuse or fraudently use credit cards. A determination of such misuse or fraud shall be at the sole discretion of Graysmark. Graysmark may report all such misuses and fraudulent uses to appropriate government and law enforcement agencies, credit reporting services, financial institutions, and credit card companies. In this event, customer waives any and all rights to privacy.

Customer may cancel account at any time by notifying Graysmark, in writing, of cancellation. Valid proof of account ownership is required to terminate account. This includes, but is not limited to, billing information in the form of a partial credit card number or the billing password. Non-secure information, such as the contact email address or the account billing address, is not sufficient as a security verification. Cancellation is effective immediately, unless otherwise indicated by customer. When an account is cancelled, all copies of emails are permanently and irretrievably removed from the server. Graysmark reserves the right to cancel service at any time.

In the event of account cancellation at customer’s request, monthly service charges are not pro-rated at the time of cancellation. Full month’s fees paid in advance are refundable, partial month’s fees are not. Any violation of any of Graysmark’s policies will result in forfeiture of any refund.

Services, such as backups and webmail, are provided as a courtesy to Customer. It is the sole responsibility of the customer to maintain customer’s own independent, offsite backup of any data. Graysmark is not responsible for the loss of data or for the loss of data due to third party software not maintained by Graysmark.

Graysmark makes regular internal backups of configurations and databases. Although these backups may contain customer information and emails for disaster recovery purposes, they should not be relied on by customer. Graysmark makes no guarantee to possess the latest, most current copy of a customer’s mailbox in its own backups.

At the sole option of Graysmark, for any reason set forth herein or in the event that customer breaches any of these terms or conditions, Graysmark may suspend customer’s account. At the option of Graysmark, customer may be given the opportunity to correct such breach or violation. Upon notification of such breach or violation, if such breach or violation is not corrected, Graysmark reserves the right to terminate customer’s account. Termination shall include the removal of any and all customer data from the Graysmark servers. Such information may or may not be made available to customer before or after termination. In the event of termination due to violation or breach of these terms and conditions, customer is not eligible for refund. In addition, Graysmark may charge customer an additional termination fee. The assessment of such fee does not affect the rights of Graysmark to recover from customer any losses, damages, indemnity, defense costs, expert costs, collection costs, and/or attorney’s fees or other costs of any kind as may be applicable under Indiana law.

Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond Graysmark’s reasonable control, including without limitation, acts of God, labor disputes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day to day basis for the period of time equal to that of the underlying cause of the issue.

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, express or implied, for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Graysmark and its employees. We reserve the right to revise our policies at any time.

Customer agrees to use all services and any information obtained through or from Graysmark at customer’s own risk. Customer acknowledges and agrees that Graysmark exercises no control over, and accepts no responsibility for, the content of the information passing through Graysmark’s host computers, network hubs and points of presence or the Internet.

THE SERVICES PROVIDED UNDER THESE TERMS ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER GRAYSMARK NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A “RELATED PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT GRAYSMARK PROVIDES. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. GRAYSMARK IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S USERS VIA THE SERVICES PROVIDED BY GRAYSMARK. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON WILL CREATE A WARRANTY; NOR MAY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.

By using services offered by Graysmark, customer accepts the terms and conditions outlined herein. Customer may not assign rights or delegate duties assumed by the acceptance of these terms without the prior written consent of Graysmark. Any attempt of assignment or delegation without such consent is void.

If you require further information regarding this policy, please feel free to contact us.