30 May 08 My Complaint to the BBB – Gisol’s Lies in Response
Here’s my original complaint to the LA BBB (Better Business Bureau):
Complaint Classification: Ad Practices
Complaint Description – Posted 2/8/2008
In Nov 2006 I opened an account for hosting for 30 months pre-paid and a free domain name. Cost $198. In Nov 2007, I received an email stating that my domain was due to expire, but my credit card had expired. I logged into my account, updated my card details, but their software still said my card had expired. I tried this many times. I sent messages and eventually received a link to a page on their site to pay for the renewal. I filled this in but did not receive confirmation. I emailed them asking for confirmation. I did not receive a reply. On 20/01/08 my website went offline. I sent messages asking why. I received a phonecall on 23/2/08 saying my domain was in redemption, my account had been closed, and would be able to get it back if I opened a new account for $42.84, but would receive a refund of $87. After the call, I received an email thanking me for payment of $718.20. They had tried charging higher amounts but was declined. I did not agree to this at all. Their cunningly worded contract states that upgrades would be charged at $49.95 pre-paid for 36 months. I was not told I was paying for this at any-time. I was not aware I was being “upgraded”. I still do not have access to my domain. I have not received a refund. 36x$49.95 does not add up to $718.20 anyway. They will not return emails or speak on the phone about this matter.
Complaint Summary
Gisol made my domain go into redemption and held it hostage so I opened a new account, which they charged nearly 20 times more for than they quoted.
Resolution Sought
Refund me in full, THEN close my account. Compensate me for stress, loss of income, time, phonecalls, and bank charges.
Here is Gisol’s Response (LIES) after nearly 4 months!:
Company’s Initial Response – Posted 05/29/2008
xxxxx contacted GISOL regarding his domain name and the agent informed him that his domain expired because he did not renew the domain name in time. GISOL registers domain names for its’ customers as a courtesy and as an act of good faith emails all customers 60 days, 45 days, 30 days, 15 days, 5 days and on the day of their specific expiration date. xxxxx states”1 tried this many times. I sent messages and eventually received a link to a page on their site to pay for the renewal. I filled this in but did not receive confirmation.” This is false xxxxx did not reply to any or the emails, so the domain name expired. The GISOL agent who xxxxx spoke to notified him that he would need to open a new hosting account to transfer his files over and offered to upgrade thy account. The agent explained to xxxxx that the new account would be $49.95 per month prepaid for 36 months and would include unlimited disk space, unlimited bandwidth and the ability to host multiple domains. The customer also states “I received an email thanking me for payment of $718.20. They had tried charging higher amounts.” This is true the original price is $49.95 per month prepaid for 36 months and would include unlimited disk space, unlimited bandwidth and the ability to host multiple domains. He was not charged the full price because the agent offered him the special deal which was active at that time that brought this payment down to 19.95 a month and prepaid for 36 months.
He was not charged the full price because the agent offered him the special deal which was active at that time that brought this payment down to 19.95 a month and prepaid for
There the lies abruptly end! Here is my rebuttal:
Customer’s Rebuttal – (Posted 05/30/08)
This company is a well documented fraud. They are using these tactics with 100s of their customers.
Gisol sent me ONE email about the expiry. I responded immediately to this and as I said, they made it impossible for me to update my card details. I was not at any time told $49.95 OR $19.95 for 36 months. I was quoted $42.84 IN TOTAL as were hundreds of other customers! Why would Gisol TRY charging $1798.20 and another amount then offer me a lower deal that was available anyway. THEY ARE LYING! Why would I need a “NEW UPGRADE” when I already had an account which still had 2 years remaining? They said my old account had been closed and there was nothing that could be done, but after the fraudulent charges, they miraculously re-opened it! I have email proof. Why would I PAY SO MUCH for such a POOR SERVICE?
My bank has successfully charged-back the fraudulent fees in full from Gisol due to the fact that Gisol FORGED my signature on a sales receipt! I have proof of this! I would now like to claim compensation due to loss of business/reputation, time spent sorting this out, and fees getting my domain back. This claim will be in the region of $20,000.
28 May 08 Has anyone used the Intelius People Search?
Has anyone used the Intelius People Search to find out details on Jack David Spivak or Brian A Spivak? If so, would you like to share your results?
Because it costs money, I didn’t want to pay for the info if anyone else had. Also, I don’t know anything about Intelius and don’t know if it’s a scam or not!
Apparently, it has the following information:
Background Report for Jack Spivak, 60
LOCATIONS FOR JACK SPIVAK:
5 Addresses in LOS ANGELES, CA
1 Address in IRVINE, CA
1 Address in STUDIO CITY, CARELATIVES OF JACK SPIVAK:
Ruvin Spivak
Menella Spivak
Yakov Spivak
Stan Spivak
+ 5 More Relatives
Background Report for Brian Spivak, 25
LOCATIONS FOR BRIAN SPIVAK:
1 Address in IRVINE, CA
1 Address in LOS ANGELES, CARELATIVES OF BRIAN SPIVAK:
Yakov Spivak
Zoya Spivak
Jack Spivak
John Spivak
Do you think it would be a good idea or not?
28 May 08 Discover Financial Services been looking
I’ve been looking through Report-Gisol.com visitor stats and came across the following:
Discover Card are obviously doing some research into Gisol at last! I know they haven’t been very helpful in the past during chargebacks and disputes. It might be worth contacting them again if you failed before.
24 May 08 CLASS ACTION LAWSUIT against Gisol. Please send me your details.
One of our contributors (Brenda) is currently approaching recommended lawyers in the LA area for a possible Class Action Lawsuit against Global Internet Solutions. To help convince the attorneys that they have a case, the more names and details we have at the initial meetings, the better.
Using the contact form, please send me as many of the following details you are comfortable with (We realise giving out personal information to people you don’t know can be dangerous. As long as we have a some way for the lawyers to contact you in the future.):
- Name
- Address (not essential)
- Tel Number (not essential)
- Amount charged by Gisol
- Date of charge
- If you got your money back and how
- Small history of problems
This is what we’ve been waiting for…. Lets do it!
Brenda’s also looking for a contact in the LA area as she is in New York. She has friends and family in LA willing to help, but it would be easier if one of us was there too. If you want to help, let me know. BTW on the contact form, there’s a tricky mathematical question to answer to prove you’re human. If you can’t work it out the answer’s 20!
23 May 08 Please send your forged signatures to CA AG and LA DA
A contibutor to this site has thought of a great idea to get the CA AGO’s and LA DA’s attention:
Send your forged signature proof to them!
Instead of letters from (as they probably see it) a bunch of ‘disgruntled customers’ disputing the amount of money charged, they will actually be seeing EVIDENCE of FORGERY and FRAUD. If they get enough, they will HAVE TO TAKE ACTION!
I can only urge EVERYONE who has such proof to SEND IT ASAP. Even if you have previously complained to them and maybe had a reply, please forward it now. They have been receiving many, many complaints lately, and this should get their attention.
Please send:
- A covering letter explaining the situation.
- A copy of the contract you signed.
- A copy of the email from Gisol directing you to the contract you signed on SignatureLink’s website.
- A copy of the FORGED document with your copied signature.
The addresses are:
Attorney General’s Office
California Department of Justice
Attn: M. Scott
Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
District Attorney’s Office
County of Los Angeles
210 West Temple Street, Suite 18000
Los Angeles, CA 90012-3210
It may be enough to start the ball rolling to get these crooks sent to jail. LET’S DO IT!
20 May 08 Please email me your names and contact information
To all who post here. Please email me your names and contact information. I am going to do whatever it takes to do something about our situation. My email address is
20 May 08 I too have had major problems with Gisol
I too have had major problems with GISOL (otherwise I would not have posted here).
They were my hosting company for several years – until site was more down than up. I changed providers and had a terrible time with GISOL transfering the DNS address.
In December 2007, I started contacting them to renew my domain name without success. My domain name was to expire on Dec 28th. On the 26th, I was finally able to contact someone in the LA office in order to renew. I also wanted to change the DNS address. I was told the only way I could do this was to order something called UManage and then I could change the DNS address myself. Would end up costing me $3.80 per month. OK, a ripoff for sure but I reluctantly agreed to it.
The following day, Discover Card contacted my and advised that my card had been charged TWICE for $1700+. I imediately call GISOL and told them to cancel UManage and that all I wanted to do was to renew my domain name. They basically told me that the first charge was inadvertant and that would be removed. As far as the other one was concerned, tough. I sent them an email to cancel the UManage (which I never received a reply).
The following day (Dec 28th), my domain name was cut off.
So here I sat – no domain name and a charge of $1700+ for something I couldn’t even use.
Registered letter – no answer
Fraud dept at Discover to dispute the charges.
Somehow, GISOL disputed my dispute
I am still being charged on my card.
Add me to your list.
19 May 08 Gisol got me, but I’m fighting back
I am writing this to document my experience with Gisol. I am the IT Manager for a small company in Texas. Gisol is the company that owned our domain name and also hosted the website for that domain. Our website and email had been having intermittent problems throughout March and April and contact was made with Gisol using their trouble ticket system from their control panel software. The email and website were restored each time. Finally, on May 6, 2008, the website and email failed again. I made another trouble ticket, and did not get a response. I called a phone number for Gisol and was informed that my domain name had expired on March 19, 2008 and that it had “fallen into redemption”. It had now gone through a 30 day grace period, and its status had been changed to “pending Delete”. I had received no notice from Gisol that this was taking place. When I called them, I was panicked over losing my web domain name. I was mad that they had not informed me over a month ago that the domain was expired, even though I had made contact with them over problems with email and the website. If I had not needed to secure the domain name, I would have cut off business with them right then, but I needed to retain the domain name and it was in Gisol’s name. I asked them what I needed to do to get the domain name back and they said there was nothing that could be done because it was in a “pending Delete” status. They said that I would need to get a new account with them and they would secure the domain name when it became available. They secured another domain name as an interim place to display the website. I had no interest in changing my domain name, but they said that it was only temporary until the original domain name could be secured again. Because it was a new account, they said they would “upgrade” me to $49.50 / month for 36 months. I commented that was excessive for web hosting and they said that in effect the price was under $4/month because of a rebate and it would be less than I was paying now. Feeling like I had no choice, I verbally agreed to under $4/month and they sent a signature link by email for the owner of our company to sign. She did so. This is the document they will produce stating that I agreed to their terms. I received an email the next day that said that our business credit card had been charged $1798.20. I was appalled and immediately called Gisol demanding to know why there was such a large charge. They informed me that was what I had agreed to, even though they NEVER verbally gave the amount of $1798.20. That amount is not on the document our owner signed. The only numbers they had said were $49.50 and less than $4 /month. They purposefully never mentioned the large amount, because they knew it would NEVER be agreed to. There is no web host company that charges that exhorbitant a fee for web hosting. They hide their charges by insisting you will get a rebate. However, the rebate was not delivered in the mail as they said on the phone. They said I would get a certified letter containing the phone number I would call to get my rebate. The certified letter did come, but it only contained a receipt for the $1798.20 charge. I called to cancel my service and demand a refund, but they assured me that there was no way to get a refund. After their billing agent refused to reverse the charge, he finally hung up the phone on me. He was belligerent and sarcastic. I started researching the company and found numerous complaints on the web stating the exact same thing that I had experienced. This company is perpetrating fraud against their customers and the full extent of the law should be brought to bear on such a disreputable company. I have filed a complaint with the Los Angeles Better Business Bureau and I have repeatedly contacted Gisol asking for either an immediate rebate, or a complete refund. They have not responded.
17 May 08 Gisol are forging Documents
Monday, April 7:
* 10:00am Received recommendation for Gisol internet hosting service from my friend, Steven Ryan, an acct holder Gisol for over five years
* 10:30am Signed onto Gisol.com.
* Decided the $5.95/mo rate would work. Signed up with my Am Ex card. (in the registration process, I remember a page that asked me to sign using the mouse. Thought it was odd but I did it)
* Selected 2-year plan, total = $142.80. Registered the domain name of cockeyedoptimists.com
* 12:23pm Received e-mail acknowledging the order, saying that I’d be receiving a phone call later to verify it.
* 8:54pm Received a call from Joshua at Gisol. Here are the points I remember from the conversation:
- Joshua said even though Am Ex was listed on the website, they can’t accept AmX. I gave him my Visa #
- Joshua asked why I chose a Windows host and what type of computer I’d be using to build the website. I explained I am most familiar with Windows and I’d be doing the initial building. Joshua said okay
- Joshua said my acct does not qualify as personal acct but business acct. I argued, saying that no money would be changing hands, we just want the website to promote upcoming show. Joshua said any promotional purposes make the website a business acct
- Joshua said they are having a promotion so I’d be able to qualify for $3.47/mo rate. So he said I should be glad to be on the business plan as it’s cheaper
- Joshua I’d be receiving e-mail confirming the transaction in 5-10 mins
* 9:30 Checked my e-mail. Found that they had charged my Visa $1,798.20, a rate of $49.95/mo for 3 years.
* 9:32pm. Wanting to give Gisol the benefit of the doubt, I sent e-mail stating that there was apparently a billing error and requesting them to reply ASAP.
* 9:33pm. Called Visa to dismiss the charge. Was told it had already started authorization process. Explained my story; rep said it sounded like I’d been scammed and I should call back Friday AM and ask to file a dispute.
* 9:39pm. Called Gisol 866-244-7925. Finally reached rep, told him I’d been overcharged. He said he couldn’t help me. I asked for his superior. He claimed he was the only one in the office. I insisted on being helped and he provided me with the number 323-924-1109 and said to call after 10am the next morning.
* 9:45pm Chatted online at Gisol.com cust srv with Sonny asking for refund. Insisted I’d been overcharged and demanded someone resolve this now. Sonny said he had no way to help me and also gave me the 323 number. He said to submit my complaint to admin[at]gisol[dot]com and refund[at]gisol[dot]com.
* Started doing online research. Found many websites and blogs re: Gisol and fraudulent practices. Filed complaint with BBB.
* Sent e-mails to Gisol initially asking for an explanation
* 10:06pm Started requesting via e-mail a full refund and for them to close my acct.
* 10:07pm. Called Am Ex, told them my story and that I felt my card had been compromised. They closed my acct.
* 10:14pm. Called Visa again and requested my card be canceled. Rep did so. She told me she had another customer who had called within hours with a complaint against Gisol too. She counseled me to close my Gisol acct immediately.
* 10:25pm Closed my Gisol acct using terminate your acct option on the website
* 10:29pm. Received e-mail from Gisol saying my acct had been suspended
* Continued to send e-mails requesting a full refund
Tuesday, April 8
* Continued to send e-mails requesting a full refund
* 3:17pm. Called Gisol 866 number to request a refund. Was told to send e-mail to admin[at]gisol[dot]com. Told rep I’d been doing that and needed to speak to someone who would help me. They gave me the 323 number.
* 3:39pm. Spoke with Joshua (who identified himself as rep who called me previous evening). Here are the points I remember from this conversation:
- Joshua claimed to remember calling me the night before.
- I demanded a full refund and termination of my acct. Told him I felt misled and they were committing fraud. I also told him I’d spoken to Visa and they had told me it sounded like a scam. Joshua got offended and insisted he’d been working for Gisol for 10 years and they had accts all over the world, 40,000 employees, major corps. with whom they do business, etc.
- I asked to speak to Joshua’s superior, and he said he is the team leader and the senior person at the call center. I said there must be someone in the organization above him and he said no one would be available to speak with me.
- I stated over and over the only thing I wanted was my money back and he stated over and over that I wasn’t letting him help me and all he wanted to do was help me.
- Joshua said he laid out the following deal to me the previous night (I have no recollection of it): Gisol would charge me $49.95/mo for 3 years, but would be sending (via certified mail which I’d have to sign for) a rebate for the difference between the price I understood ($3.47/mo) and the actual price ($49.95/mo).
- Joshua claimed the conversation from April 7 had been tape-recorded by a third party and that tape would prove I’d consented to his terms.
- Joshua said I should have read the contract they sent more carefully. I said I never received a contract. I read off to him all the e-mails I received. He looked through his e-mail records and (sounded nervous for the first time) said the contract was sent to my yahoo acct instead of my gmail acct. He read off my yahoo e-mail address correctly. I told him I never received a contract. He asked me to look in my spam folder and trash folder too: nothing.
- Joshua directed me to the contract posted on the website, specifically paragraphs 16b and 19b which explained why/how he had upgraded me to a business acct.
- Joshua directed me to paragraph 11h which states they do not issue refunds at all if you cancel your acct prior to 8 months of use.
- Joshua told me, since Gisol had my signature and a recording of our conversation, if I tried to get a reimbursement from Visa it would backfire. He claimed Gisol had enough proof I was in the wrong that my credit card would never side with me.
- Joshua said I should use the service for 8 mos, and if I was still unhappy at that time I’d be eligible for their satisfaction guarantee reimbursement.
- I told Joshua that, on the advice from Visa, I’d terminated my Gisol acct the previous night. Joshua got upset, asked who I spoke to at Visa, (I didn’t give any names) and said he was going to call them and complain.
- I told Joshua I’d received Gisol’s name as a recommendation from a friend. I initially didn’t give Steve’s name, but eventually did. I told him another of Steve’s friends (who Steve had recommended Gisol’s services to) was also disputing Gisol’s practices.
- I told Joshua I should have known Gisol’s a scam when AmX didn’t accept their charges. He said, We do take AmX. I said, You said when you called last night you can’t take AmX and I needed to give you a different credit card! He explained AmX doesn’t work for initial charges because they don’t accept companies (like Gisol) that don’t have money-back guarantees
- I asked at one point if the current conversation was being recorded as well (and stated I hoped it was) and Joshua said he didn’t know, because the sales calls were the only ones that were always recorded for training purposes.
- Joshua told me the refund currently in the mail to me would be void if I put in motion any dispute with my credit card company. He told me the best thing for me to do to recoup any of my money would be to wait for the rebate that would be coming. He said I’d need to sign for it (it would arrive certified mail or some other method requiring my signature). He said that rebate would be null and void if I started any action against Gisol, and threatened any such action wouldn’t result in any money back for me.
- Feeling trapped, I agreed to reinstate my acct. Joshua instructed me that, in order to do so, I needed to send a fax stating I’d not filed a chargeback with my credit card and I wanted to reactivate my Gisol domain name. He requested I send the fax on my company letterhead. I replied I don’t have a company, it’s me and a few friends who decided 2 weeks ago we want to become a group. He said it’s still considered a business for Gisol purposes, and I should create a letterhead by putting my company name at the top of the fax in a different font. He said to send the fax to 801-812-8067.
- Joshua asked me when I’d be sending the fax. He seemed reassured when I said I’d send it immediately. He insisted it be a fax, not e-mail.
- I repeatedly asked for confirmation, which he gave me, that what was going to happen after I hung up the phone was a) I’d send the fax b) my acct would be reinstated c) I’d receive a rebate via certified mail, which I’d have to sign for, which would be a rebate to my Visa card for all but $42 of the full amount I’d been charged.
* Sent fax he requested
* 5:09pm. Called Visa to explain I was very suspicious about what just transpired. I asked the rep to put a note in my acct that I was not yet filing a dispute but that I wanted it in writing that I’d been calling and questioning. I explained to the rep that Gisol had threatened me not to get Visa involved, and I asked Visa how long I’d to file my dispute before I could no longer question the charge. The rep told me that I had 30 days. I explained the reason I wanted the delay was because Gisol was claiming I’d be issued a rebate and I wanted to give them a few days to make good on their promise. The rep put a note in my acct. He also advised me to speak with Visa’s fraud department after I filed my dispute.
* 5:30pm Spoke with Steve about his friend Ronny who was in the same predicament. Steve said Ronny had received the supposed rebate and it was just a credit towards other Gisol services.
Wednesday, April 9
* FYI, I never received confirmation from Gisol that they were reinstating my acct. The last e-mail from them about my status was Monday, April 7, saying the acct was suspended.
* My husband counseled I shouldn’t let Gisol push me around; my relationship with Visa should be much stronger. He advised me to send a fax to Gisol canceling my acct, retracting my fax from the day before.
* 4:45pm. Sent the fax (which included the above and also requesting a copy of the telephone calls from April 7 and/or 8 )
* 6:05pm. Received a call from a private number (Joshua at Gisol). Joshua said the billing department had received my second fax and they were going to proceed with terminating my acct.
* 6:09pm. Called Visa to see if I could commence filing the dispute. The rep said no because the charge had still not posted.
Saturday, April 12
* Called Visa to start the dispute process. Visa credited my acct for the full amount after I reviewed my story with the rep. She advised to fully document all that had happened and connected me with the fraud department. The fraud department said, since I’d given the merchant my Visa number, there was nothing the fraud department could do. She said Gisol would have 60 days to counter my dispute. If the merchant does counter, I’d have to send a letter disputing the merchant’s claims.
May 15th, 2008
* Gisol did dispute my claim. Documentation they sent my credit card company included the signature they had obtained from me April 7 which they had cut/pasted onto 1) an invoice for $1798.20, 2) the contract I told Joshua I never received, which he reviewed with me over the phone. They are now FORGING DOCUMENTS. I’m currently putting together a rebuttal to Gisol’s paperwork that I’ll send to my credit card company this week.
* FYI Gisol never sent a “rebate” even though they claimed it was in the mail on Tuesday, before I canceled Wednesday late afternoon
17 May 08 I am another victim of this fraud company
I am another victim of this fraud company. Yes, $1789.20 is the magic number. I let my account with them run out. I had an account from the initial sign up which was actually a good deal for the first two years I was with them. I kept trying to contact them before the expire date because I wanted to upgrade to a better package. They never answered my emails. My wife was wanting her own website for her church which she is a decon of so I thought since they wouldn’t reply to me I would have my wife sign up for her own account under the new package they were offering. She signed up and signed the user agreement on the website at the end of the sign up.
A couple of days later someone from GISOL called me at about 9pm. They said because I had already had my own previous account that my wife was not able to sign upo for her own account for the better package they were offering. Then he started talking about how he could give ME a good deal which would be less than the price my wife was tring to sign up for after I received some sort of rebates. He kept beating around the bush as to how much I would be charged up front. I finally said, look, how much are you going to charge me to get this plan you are talking about started. He then said he had already charged me the amount which was $1789.20. I blew my top and said WHAT! I never authorized you to charge me anything of that nature. I asked him how he thought he could charge my account without my permission. I told him that if that was the case then to forget anything and that I am not going to do business with them and to cancel anything my wife had requested as well as anything to do with my accounts. He laughed in my face and said he had already charged mny account and hung up the phone on me.
Two days later my credit company contacted me about a possible fraud charge. The charge of $1789.20 that GISOL attempted to charge my account was picked up as a possible fraud charge and my card was frozen untill I verified it with my card company. I told them the story and let them know I was not authorizing GISOL to charge my card. They then denied the charge attempt.
Now this is what happened next. After I cleared up the fraud attempt with my card company they unblocked by card and placed it back into useable status. The next day I was happy about being able to block that charge and then I started thinking about it. I started thinking maybe they will try to charge my card again. I called the automated service of my card and found that was a charge of $1078.20. WTF! I called my card company and they said GISOL had charged my card again. AGAIN a charge without my permission and this time some different amount. My card company said they could not stop the charge because I had released the card for charges the day before. WTF! They said I would have to dispute the charge through papaerwork. I kept trying to talk to someone farther up the management and kept geeting passed from line to line and sometimes had gotten disconnected. I was on the phone with my card company for 4 1/2 hours only to be told to file a dispute. WTF!
I am right now in disput to remove the charge. I gave them the whole story with copies of the agreement that my wife signed on the website. They contacted me and said they had credited $807 back to my account. And that it was only temporary until they heard from GISOL. If GISOL didn’t respond in 90 days I would be OK. WTF! The amount was only the difference of the amount from the amount my wife had tried to sign up for. My card company did not understand that I was disputing the whole amnount. What idiots! I couldn’t have made it any clearer in all my documentation I sent to them. Now I was battling both my card company and GISOL, WTF! About two weeks later my card company sent me a large packet of paperwork which was copies of paperwork that GISOL had sent them. I could not believe my eyes. They sent my card company a forged document which had my wifes signature at the bottom which appeared that she had signed an agreement to the $1078.20 charge. They had actually taken the signature from the online signed user agreement and copied and paste it to the document. What F’n CROOKS these guys are. I returned my rebuttle to my card company with again copies of the signed online user agreement and a copy of the forged document from GISOL and circled both signatures with notes explaining that it was the same signature. The signatures are so easy to see they are the same that even a 1st grader could tell it was the same.
I again made it clear that I was not just disputing the difference of the amount but my exact words were I want to make it perfectly clear that I am disputing the entire amount of $1078.20. I am right now still waiting to hear from my card company regarding the matter. I swear, if they do not help me in this situation I am getting a lawer and contacting MSNBC, CNN chris hanson or whoever it take to bust these freakin idiots. I will also make an example of poor customer service out of my card company which happens to be Washington Mutual which has already has a fair amount of bad pub in ther news lately.
Anyway. I think we should all get together and contact 60 minutes, 48hrs or whoever to get GISOL taken out of business. If anyone would be willing to go throught with this with me please let me know. My email is trance at comcast dot net. Thanks for reading and good luck to all!
From I had a very bad experience with Gisol, 2008/05/17 at 6:08 AM
16 May 08 Gisol was trying to dispute charge – My Bank won!
Here’s the update from my previous post. Gisol sent my bank 33 pages of “rubbish”, as the guy at my bank put it. Visa International has sided with my bank and refunded them. Luckily, my bank was sympathetic and refunded the money back to me before they won.
Here’s “Adam”s letter that was sent in rebuttal to my bank’s chargeback:
FROM: GISOL, Inc.
Media Retrieval Department
807 N. Gardner St.
Los Angeles, CA 90046TO: Cardsystems
Chargeback Department
6390 E. Broadway Blvd.
Tucson, AZ 85710To Whom It May Concern:
My name is Adam (ID # 75832) with the GISOL, Inc. Chargeback Department. I have been informed that xxxx has submitted a complaint form against GISOL, Inc. for services purchased and rendered. It is our position that this has been undertaken by xxxx in bad faith.
GISOL, Inc. and xxxxx entered into a contract on or around 2006-12-08. Under the terms of this agreement, GISOL, Inc. would render certain internet hosting services to xxxxx including hosting for their online business. xxxxx submitted a cancellation request under the reason code 83 – fraudulent transactions, card absent environment so we included all necessary supporting documentation to remedy this Chargeback Dispute. All proof is attached to show the cardholder participated in this transaction. We’re attching the Billing Statement and Service Contract both signed by xxxxx to show that he not only participated in this transaction but authorized it by signing. The CardSystem Transaction Detail printout shows a successful card code match for the CVV2 number (961) that xxxxx provided the agent to proceed with the transaction. The Certified Mail Receipt shows xxxxx’s signature that was obtained upon delivery of the Username and PIN for his account. xxxxx used these login details to sign in and activate his account. If this was a fraudulent transaction, why would he log into the account and activate it? xxxxx used his Username and Password to go to cancel.gisol.com and submit a cancellation request on 2008-02-29. If this was a fraudulent transaction and xxxxx did not authorize this account, why would he utilize the services for over a month? This is not a fraudulent transaction and xxxxx clearly participated in this transaction. We are awaiting a reverse of this Dispute in favor of GISOL after your review.
GISOL, Inc. has provided each and every service requested by xxxxx. The internet hosting services created especially for xxxxx remain operational and currently rendered by fodderfinder.com.
All work done and services rendered by GISOL, Inc. on xxxxx behalf are available for inspection upon written request.
Given that GISOL, Inc. has clearly performed the services contracted and paid for by xxxxx, thereby, a unilateral rescission of a binding agreement by way of a complaint is certainly inappropriate.
I have attached xxxxx account information, the order which was place and signed for, a copy of the contract and all of the login information which was provided.
Gisol requests that the charges incurred be re-instated forthwith.
If you have any questions or require any additional information please let me know and I will provide it to you.
Adam (ID #75832)
Global Internet Solutions
A GISOL Comany
http://www.gisol.com
The letter was not signed, and “Adam” didn’t include his 2nd name. I think this is a little strange for an official letter to a financial company? It’s probably so that when they are taken to court we don’t have anyone’s signature.
All the “supporting evidence” WAS a load of rubbish: 15 pages of the contract, with my first attempt at signing online, the sales receipt with the 2nd attempt of signing online, and a load of screen shots, supposedly proving I had used my account. I have no idea what they were supposed to prove, as anyone could have produced them. I suppose it could have fooled someone in a bank.
I’ve won, but I won’t give up!
15 May 08 I got charged $71.40 out of the blue!
Hi…I too had some problems. I haven’t used their service in years. YEARS! I just got charged $71.40 out of the blue. I called and got some billing folks in India. They couldnt help so they gave me a 323 number and said to call 9am-5pm PST. I called them at 520 EST and it rang busy forever. When someone did answer, I got put on hold for over 1/2 hour. When someone finally came on, they said that they were just the answering service and to call back 9-5 EST. That didnt make sense because the 323 area code is Los Angeles which is PST. We argued for a while and I finally agreed to call EST. I did and got the exact same people and the exact same run around.
I called my banks dispute number and they are helping out. I am going to order new debit cards (which is what I used apparently before) so they can’t do this anymore.
GISOL sucks. Don’t use them. They are unethical and I’m not sure why running an up and up business wouldn’t make more sense than all this.
13 May 08 Gisol fits these Web Hosting Scams perfectly
The following is a list of points about Web Hosting Scams from WebhostingChoice. It seems that it was written about Gisol!
Web Hosting Scams
In order to help you avoid getting scammed by the unscrupulous hosts that do exist, we have tried to put together the ‘tricks’ used by such companies to ensnare you:
1. Unlimited bandwidth/space – it is simply impossible for a company to offer unlimited space or bandwidth to use. As hosting companies and their associated technologies are themselves limited (i.e. bandwidth or hard disk space), unlimited offerings are usually just an advertising gimmick. Often you will find clauses embedded deep within the company’s terms of service contract that negate the unlimited offering. The clauses are usually arbitrary, such as excessive CPU usage will be grounds for account termination.
2. No Contact – some hosts simply make it impossible to contact them! Even getting an email address so that you can get a hold of them can be a chore. Many cheap hosts prefer to keep communication down.
3. Long term contracts only – while cheaper plans may warrant an annual only plan, some hosts provide annual service exclusively. There is no guarantee that even though you have paid them for 12 months that you will get 12 months of service.
4. Domain Registration not in your Name – some devious web hosts, while offering to register you domain for you, legally register the domain in their own name! This means that if you try switching hosts, you will love the domain name – legally it is their posession, and you have no claim on it!
5. No Money Back Guarantee – a host should fully satisfy your needs – if not, your money should be returned.
6. Complicated uptime Guarantee – some hosts hide behind their TOS with complicated procedures such as the customer having to report the downtime for any downtime. Be careful of this.
Remember to read both the TOS (terms of service) and AUP (acceptable use policy) to ensure no hidden surprises later!
12 May 08 PayPal supported me 100% after my dispute with Gisol
A while ago I ordered a standard hosting at Gisol. My big luck was that I paid this with a Paypal account and not via my creditcard!!! After my registration at Gisol a salesperson called me by phone, telling me I had to pay more than 900$ because I had selected the “one time set-up” for having my website at searchengines. I told them that on their website the price for this one time set-up was 25$ not 900$. The salesperson told me this was a price / month and because i had selected an account for 3 years, this made 900$.
I was never planning to pay this 900$! So I told them to cancel my account and refund the money they allready took from paypal-account. Also because I still didn’t get the setup-mail with login and pasword. Gisol told me this could not be done, because they allready had ordered the search-engine thing at some kind of company, and that they allready had payed money for this. If i didn’t pay the 900$ within 1 day they would start a case against me.
At this time I had started to Google about GISOL. Everybody knows what i found at Gisol.. more than hundred simular cases.
So I started a dispute supported with Paypal. The day I started a dispute, Gisol mailed them with fake proof, that Gisol had send me setup-mail one day before i started the dispute. I asked Paypal to ask for any proof, e-mail confirmation or whatever. Because of Gisol could not send this kind of proof, Paypal returned me the money.
When companies get on a blacklist at Paypal… there accounts are canceled… I think that Gisol paid me back because of this fear. Credit Card companies should do the same as Paypal.
I was lucky that i paid for hosting with Paypal. Paypal supported me for 100% after my dispute with GISOL.
11 May 08 Service Terms that Gisol asked me to sign
The following is the Service Terms that GISOL asked me to sign, I posted it for your reference.
User Agreement
This User Agreement (”Agreement”) is an agreement between GISOL, Inc. (”GISOL”), a California corporation, and the party set forth in the related order form (.Customer. or .You.) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”).
BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND GISOL, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING GISOL’S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Acceptable Use Policy. Under this Agreement, Customer shall comply with GISOL’s then current Acceptable Use Policy (.AUP.), as amended, modified or updated from time to time by GISOL, which currently can be viewed under the Policies section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. GISOL does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s customers and/or users of Customer’s website. Accordingly, under this Agreement, You will be responsible for Your customers content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, GISOL may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event GISOL takes corrective action due to a violation of the AUP, GISOL shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that GISOL shall have no liability to Customer or any of Customer’s customers due to any corrective action that GISOL may take (including, without limitation, disconnection of Services).
Customer’s Responsibilities.
Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by GISOL to provide the Services, as the same may be changed by GISOL from time to time. Specifications for the hardware and software used by GISOL to provide the Services will be available on GISOL’s Web site. Customer shall periodically access GISOL’s Web site to determine if GISOL has made any changes thereto. GISOL shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by GISOL to provide the Services.
Even though GISOL does make daily, weekly, and monthly backups Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
Customer’s Representations and Warranties.
Customer hereby represents and warrants to GISOL, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:
a. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by GISOL to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
b. Customer’s use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any .moral right. or similar right however denominated;
c. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes;
d. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, trojan horses and other malicious code; and
e. Customer shall be solely responsible for the development, operation and maintenance of Customer’s web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
f. Customer grants GISOL the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
g. In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf.
License to GISOL.
Customer hereby grants to GISOL a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
i. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and
ii. make archival or back-up copies of the Customer Content and the Customer Web site.
Except for the rights expressly granted above, GISOL is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
GISOL, in its sole discretion, reserves the right (1) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer’s Content and/or web site(s)), and/or (2) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that GISOL shall not be liable to Customer for any loss or damages that may result from such conduct.
Indemnification. Customer agrees to indemnify, defend and hold harmless GISOL and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
GISOL as Reseller or Licensor. GISOL is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (”Non-GISOL Product”). GISOL shall not be responsible for any changes in the Services that cause the Non-GISOL Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-GISOL Product either sold, licensed or provided by GISOL to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of GISOL’s obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-GISOL Product are limited to those rights extended to Customer by the manufacturer of such Non-GISOL Product. Customer is entitled to use any Non-GISOL Product supplied by GISOL only in connection with Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by GISOL to Customer through any Non-GISOL Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-GISOL Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Internet Protocol (IP) Address Ownership. If GISOL assigns Customer an Internet Protocol (.IP.) address for Customer’s use, the right to use that IP address shall belong only to GISOL, and Customer shall have no right to use that IP address except as permitted by GISOL in its sole and absolute discretion in connection with the Services, during the term of this Agreement. GISOL shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by GISOL, and GISOL reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Server resources. It is in the sole and absolute discretion of GISOL to determine if Customer is using the server resources fairly and to maintain the proper level of uptime for other Customers on the server. GISOL will monitor Customer’s usage and shall have the right to take corrective action such as disconnection or discontinuance of any and all Services, or termination of this Agreement.
Customer agrees to use all Services and any information obtained through or from GISOL, at Customer’s own risk. Customer acknowledges and agrees that GISOL exercises no control over, and accepts no responsibility for, the content of the information passing through GISOL’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF GISOL, ITS 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, AN “GISOL 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 GISOL PROVIDES. NO GISOL 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. GISOL 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 CUSTOMERS VIA THE SERVICES PROVIDED BY GISOL. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY GISOL PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Limited Warranty.
GISOL represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by GISOL generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies GISOL, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and GISOL’s sole obligation, for breach of the foregoing warranties shall be for GISOL, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. GISOL may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of GISOL’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of GISOL. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, GISOL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND GISOL HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED .AS IS. WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. GISOL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Billing and Payment.
Customer will pay to GISOL the service fees for the Services in the manner set forth in the Order Form.
Unless otherwise specified, all fees and related charges shall be due and payable the date they are invoiced. If any invoice is not paid within seven (7) days after the date of the invoice, GISOL may charge Customer a late fee.
If GISOL collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if GISOL prevails in any action to which the Customer and GISOL are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and GISOL’s reasonable attorneys. fees.
If any check is returned for insufficient funds GISOL may impose a processing charge of $25.00.
In the event that any amount due to GISOL remains unpaid seven (7) days after such payment is due, GISOL, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
There may be an administrative charge to reinstate accounts that have been suspended or terminated.
Customer acknowledges and agrees that GISOL may pre-charge Customer’s fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
Satisfaction Guarantee: All of our virtual Web Hosting Packages come with a 100% Satisfaction Guarantee during the 8th month of use with no cancellation or administrative fees charged.This also means that you may cancel rendered hosting services at any time past 8 (eight) months of use and receive a Pro-Rated GISOL Company Credit (referred to as: GCC) which may be used for services within the GISOL Network. Promotional fees, if any, will be deducted from the amount of your Pro-Rated GCC. This Satisfaction Guarantee exists solely for and is limited to Web Hosting packages. Any features purchased from GISOL will be considered as rendered upon dispatch from GISOL’s mail servers. Any features such as PromoPack(s), Private Registration(s), U.S. Based Technical Support and/or Etc., do not qualify for any GCC. If a cancellation request is submitted prior to 8 months of use, no credit will be issued to Customer.
Any length of time shorter then one month of service is billed as a whole month of service for all packages.
Duration of Agreement, Continuity, and Cancellation Policy.
The Initial Term shall begin upon agreement of GISOLs Policies by the Customer, commencement of the Services to Customer and/or receipt of lawful funds. The term’s length is chosen by customer and shall be indicated in the confirmation email after the verification process. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party 30 days in advance of the renewal/anniversary date as provided herein.
This agreement may be terminated by the Customer before the renewal/anniversary date by giving GISOL notice at least 30 days prior to the renewal/anniversary date of the Term (Customer hereby agrees and understands that they must follow the instructions provided at http://cancel.GISOL.com in order to effectively terminate services as described herein), or by GISOL in the event of nonpayment or non compliance by Customer, at any time, without notice, if in GISOLs sole judgment Customer has in any way breached this Agreement (Termination for Cause). If Customer fails to keep their appropriate method of payment updated at any time, GISOL may in its sole discretion terminate the account without any prior notice and/or forward the account to a 3rd (third) party collections agency if any funds are outstanding on any account which has not been cancelled by the Customer through http://cancel.GISOL.com.
GISOL may also terminate this agreement in its sole discretion at any time for any or no reason, by giving Customer 72 hours notice to the email address customer keeps on file with GISOL. In the event of GISOL executing such termination prior to the renewal/anniversary date, GISOL’s sole liability may be to issue a prorated credit for the Customer’s unused prepaid service fees. Liability is limited to circumstance and may not be invoked by the Customer if in violation of any company Policies.
If GISOL cancels this agreement pursuant to any of the terms outlined in this agreement, with the exception of Termination without Cause pursuant to paragraph C, GISOL shall not credit Customer any fees paid or prepaid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that GISOL terminates the agreement based on Termination with Cause, all prepaid hosting fees will be forfeited and are no Credit will be issued. Furthermore, due to the fact that damages are difficult to ascertain, Customer consents that US $250.00 per each hosted domain and serviced package is reasonable for Termination with Cause.
If prior to the end of the agreed upon Term, Customer cancels the Services for any reason, or GISOL terminates the Agreement due to Customer’s breach of the GISOL User Agreement or Acceptable Usage Policy, Customer will be charged a US $250.00 Breach-Of-Contract fee per domain package and per hosting account for liquidated damages. Client also forfeits any prepaid service fees and at no time shall customer receive a refund of any prepaid service fees.
GISOL reserves the right to terminate the Services, if Customer’s usage of the Services results in, or is the subject of, legal action or threatened legal action, against GISOL or any of its affiliates, partners, owners, employees or agents, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Any account affiliated with a Chargeback Dispute may be suspended without any prior notice.
Any Customer paying by Check is responsible for the successful deduction of the funds agreed to between Customer and GISOL. If Customer elects to Stop Payment or does not have enough funds on their account, no consideration may be provided regarding a Bounced Check Fee. A Bounced Check Fee may be charged at the discretion of GISOL and is limited to US $25.00 per failed transaction.
All sales are final including the acceptance of all policies after the Customers order has been submitted and prior to contact from GISOL’s Verification Department. Any setup fees, fees for additional services, as well as fees paid for the lease of the domain name are always non-refundable. Any promotional domain lease options will be billed at US $29.95 per domain and subtracted from any prepaid hosting fees before any Credit is processed. Customer acknowledges and agrees that following the instructions provided at http://cancel.GISOL.com is the ONLY ACCEPTABLE METHOD TO CANCEL a Web hosting account with GISOL to avoid occurrences such as an automatic renewal. Any cancellation requests sent to or directed to GISOL by telephone, email and/or regular mail shall be null and void. Customer also agrees that any request for a credit shall be forfeited, if the instructions provided at http://cancel.GISOL.com have not been followed to cancel a Web hosting account.
Limitation of Liability.
GISOL CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. GISOL WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer’s indemnification obligations.
Notwithstanding anything to the contrary in this Agreement, GISOL’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if GISOL takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that GISOL shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by GISOL.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Miscellaneous.
Independent Contractor. GISOL and Customer are independent contractors and nothing contained in this Agreement places GISOL and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Customers and Upgrades
The terms of this section shall survive any termination of this agreement for up to 6 years from the date of cancellation.
Any existing Customer must obtain an Upgrade/Consolidation Package if they have, are entering in or had any relation, affiliation or involvement with two (2) or more accounts within the GISOL Network.
Upgrade/Consolidation Packages are priced at US $49.95 per month and prepaid for 36 months while providing the customer with the ability to consolidate up to 3 current accounts into 1 package. This package contains Unlimited disk space, bandwidth and allows hosting of unlimited domain names not currently hosted within the GISOL Network. The package will also include free Private Registration, U.S Based Technical Support and 1 (one) free PromoPack per month for the full term of the aforementioned agreement. Upgrade/Consolidation Packages may be obtained at a significantly lower price during any special offer period. In order to obtain the special offer price, Customer must fill out a new order form which will automatically serve as acknowledgement of this clause.
Customer may not consolidate domain names or transfer/move domain names between any accounts within the GISOL Network. Any such attempt will be considered an AUP violation and will contain a fee as appropriate for the severity of the violation. Customer must contact GISOL at 323-924-5915 and request for this service to be completed on the Customers behalf. This service will entail the automatic agreement to the Customers and Upgrades Term and the automated purchase request for the Upgrade/Consolidation Package at the currently offered price or special offer, whichever is most suitably priced.
Online Hosting Specials
Any and all “Special Offers” located on http://www.gisol.com/hosting are for the exclusive purpose of “Personal Use” and follow the strict guidelines and regulations of the “Personal Use Limitations and Statutes” section of the GISOL Policies. Online specials pertain only to the 2 (two) year term, furthermore, are the sole bearers of the “Price Freeze Guarantee” and the “Credit Back Guarantee/GCC”. Regular priced packages may contain the same features as any “Special Offer”, however, “Personal Use” Guidelines and Regulations still apply. Availability of items such as the E-Commerce Package and Shopping Cart feature within any given “Special Offer” allows Customer to sell their personal property, limited by the intent of the sale. Intent may not contain any business purpose or financial gain; moreover, any sale must constitute an even trade of funds in exchange for personal products/belongings of Customer.
Business Packages start at $49.95 per month and are prepaid for 36 months, however, during any special offer period, the business package may be purchased at $29.95 per month prepaid for 36 months. Any package with 1 or more websites hosting any business related content or any information from the customer suggesting the intent to utilize an account for business will automatically receive an upgrade to the Business Package. If it is discovered by GISOL that Customer is planning to utilize hosting services for Business, it is automatically presumed that our policies have been reviewed and that the customer acknowledges the automatic upgrade to the Business Package. All business packages will include identical benefits to the Unlimited Package, additionally; Customer will receive Private Registration, U.S Technical Support and one PromoPack feature per month.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or GISOL, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and GISOL. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by GISOL in its sole discretion, which modifications will be effective upon posting to GISOL’s web site.
Personal Use Limitations and Statutes
PERSONAL USE . Personal use is limited to content meant solely for the use and viewing pleasure of the Account Holder/Customer. Content furthermore shall be limited to: Personal Images (pictures of person or persons of particular relation to the Customer), Personal Blogs (blogs regarding activities, daily life, adventures or happenings directly related to the Customer), Personal Diaries, Personal Forums (personal forums are strictly prohibited from any association with goods, services, propaganda or political insight). Web content may not contain any sale, promotion, reference, link or advertisement, promoting, assimilating to, introducing, offering or suggesting any product, service, concept, hobby, belief, religion, faith, theory, instruction or method.
BUSINESS USE . Business use constitutes the allowance of web content such as; Business forums, blogs, pictures, paintings, art, promotion of a product, promotion of a service, promotion of a belief, sales, offers and etc. Customer may incorporate links, advertisements, assimilations and references to all legal content which may be utilized for any personal or business purpose. Customer is liable to act in good faith at all times and must follow both federal and state laws and regulations to ensure legitimate use of GISOL and all of its services.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties. signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. GISOL may give written notice to Customer via e-mail to the Customer’s e-mail address as maintained in GISOL’s billing records.
Domains
Any Domain name registered by GISOL on behalf of the Customer remains the intellectual property of GISOL. All domain names registered by GISOL are leased to the Customer at all times with no exceptions. Customer may not transfer any domain names registered by GISOL to any competitive registrar.
Customer may elect to purchase a DNS Management Package which provides a DNS pointing service to an alternate hosting provider. The DNS Management Package will allow the Customer to point their Domain name to an alternate hosting provider, furthermore, any fees and/or costs for the DNS Management Package will reflect the current rate for such services decided solely at the discretion of GISOL.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of GISOL. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. GISOL may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, GISOL’s records of such execution shall be presumed accurate unless proven otherwise.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Marketing. Customer agrees that during the term of this Agreement GISOL may publicly refer to Customer, orally and in writing, as a customer of GISOL. Any other public reference to Customer by GISOL requires the written consent of Customer.
By signing below, you agree to all terms and conditions set forth by the above service contract.
