GOLINE IT Services

Web Hosting Agreement

This Web Hosting Agreement is between Your Company and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Services

Your Company agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.

Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who exceed their account limit will receive an email with options to upgrade their account or reduce storage. Continued overuse may lead to necessary actions, including account suspension.

Payments

Renewal notices are emailed three days before the renewal date. If you are using a credit card, payments are processed automatically. Accounts are set up on a pre-pay basis. A $5 fee is added for late payments beyond 7 days.

Cancellation and Early Termination

Customers acknowledge that fees for services are based on the agreed-upon term, whether initial or renewal.

Server Abuse

Any attempt to harm or undermine a server or customer of Your Company is strictly prohibited.

Prohibited Uses

• Bulk emailing, unsolicited emails, or newsgroup spamming
• Pornographic or illegal content
• Copyright or trademark infringement
• Cracks, software serial numbers, and proxy-relaying
• Spamdexing, link farming, and FFA (Free-For-All) pages

Disk Space Abuse

Customers must monitor their disk space usage. If additional space is needed, they may contact support or upgrade their hosting plan.

Bandwidth Abuse

Bandwidth is provided for website content, not offsite file storage. Violators will receive notice and must resolve the issue within 48 hours.

Acceptable Usage Policy (AUP)

Customers must adhere to our Acceptable Usage Policy, which Your Company may update at any time to comply with hosting standards and laws.

Customer Information

Customers must provide accurate information when registering and must be at least 18 years old.

Unsolicited Email & Spamming

• Bulk commercial advertisements ("SPAM") are prohibited.
• Forging, altering, or removing email headers is not allowed.
• Sending mass unsolicited emails will lead to account termination.

Legal Disclaimer

Your Company reserves the right to disclose customer information if required by law or to protect its rights and interests.

Security

Your information is protected through industry-standard security measures, including Secure Sockets Layer (SSL) encryption.

Changes to This Agreement

Your Company may update these terms, and any modifications will be posted on our website.

NOTE

If YOU use the services of another provider to promote a website hosted by or through Your Company ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.99% Uptime Guarantee

(1.) COVERAGE

This 99.99% uptime guarantee applies to any Customer in good financial standing with Your Company at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS

Your Company endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Your Company to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Your Company's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Your Company NOC.

Your Company's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Your Company network.

(3a.) SHARED HOSTING CREDITS

In the event that YOUR website is unavailable for less than 100%, Your Company will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

• 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
• 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
• 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee

(3b.) Credit Exemptions

Credit shall not be provided to YOU in the event that you have any outage resulting from:

• Scheduled maintenance as posted from time to time at Your Company.
• Your behavior or the performance or failure of your equipment, facilities or applications.
• Circumstances beyond Your Company's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third-party services, including DNS propagation, domain name registration/transfer, failure of third-party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for the provision of your website.
• You breaking any agreement policy in Your Company's 'Terms & Conditions and AUP' causing a machine to fail as a result.

Technical Support Limits

Your Company provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting-related issues.

Unlike many hosting companies, We do our best to help with scripts, templates and programming languages. However, under no circumstances is Your Company obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.

CGI Scripts

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that affects normal shared server operation without prior notice.

Indemnification

Customer agrees to indemnify and hold harmless Your Company, Your Company's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

• ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Your Company's SERVER.
• ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.
• COPYRIGHT INFRINGEMENT.
• ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Your Company's SERVER.

Disclaimer of Warranties

Your Company does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Your Company disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, all services are provided on an "As Is" basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Maximum Liability

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Your Company and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

Suspension of Services/Termination

Customer agrees that Your Company may suspend services to Customer without notice and without liability if:

• Your Company reasonably believes that the services are being used in violation of the AUP;
• Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
• Your Company reasonably believes that the suspension of service is necessary to protect its network or its other customers, or;
• As requested by a law enforcement or regulatory agency.

Customer shall pay Your Company reasonable reinstatement fee if service is restored following a suspension of service under this subsection.

Request For Customer Information

Customer agrees that Your Company may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Your Company believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Your Company notwithstanding any agreement by Your Company to provide backup services.

Request For Restore Of Hosting Package

During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this, a $5 one-time fee will be enforced.

Changes To Your Company's Network

Upgrades and other changes in Your Company's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Your Company reserves the right to change its network in its commercially reasonable discretion, and Your Company shall not be liable for any resulting harm to Customer.

Notices

Notices to Your Company under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majored

Your Company shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Your Company's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law Disputes

The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trademark without the other party's prior written consent.

Copyright Files

All files stored on Your Company's servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

Cancellation of Service

Your Company reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Your Company if we institute our right of cancellation. Any violation of policies which results in extra costs billed to YOU.

Promotional Rates & Special Offers

Your Company may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement.

Intellectual Property Rights

Material accessible to you through Your Company's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Your Company or its servers and network in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material that you access or receive through the Your Company network.

Network Security

Customers may not use the Your Company network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.

Electronic Commerce

YOU will be solely responsible for the development, operation, and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products.

Static & Dynamic Content Caching

YOU expressly grant to Your Company a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Your Company under this Agreement and agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Your Company shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Your Company.

Domain Name Registration

YOU agree to pay Your Company prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Your Company price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration.

Transfer Domain Registrar to Your Company

You agree to pay Your Company prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Your Company price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

• No response from the Registered Name Holder or Administrative Contact
• Domain name in Registrar Lock Status
• Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

Your Company reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from Your Company to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Your Company) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Your Company as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Your Company will reinstate your domain name registration solely at Your Company's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer Domain Away From Your Company

Your Company reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

• No response from the Registered Name Holder or Administrative Contact
• Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
• Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

You agree and acknowledge that the failure or success of a domain name transfer will be your sole responsibility, and Your Company will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

Lawful Purpose

Your Company reserves the right to refuse service to anyone. You may only use Your Company server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but is not limited to material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Your Company management.

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Your Company may disclose any and all your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, you agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. In no event shall Your Company's maximum liability exceed five hundred ($500.00) dollars.

Privacy Statement

Your Company follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Acceptable Use Policy (AUP)

This AUP governs the use of Your Company's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Your Company regarding the interpretation of this AUP, Your Company's interpretation, in its reasonable commercial judgment, shall govern.

The following is the entire Acceptable User Policy ('AUP') agreement between Your Company and the personal or corporate account holder. Your Company provides World Wide Web Hosting, web design, and script installation. Your Company has certain legal and ethical responsibilities in accordance with the use of its servers and equipment involved in these services. Your Company's general policy is to act as a provider of Internet presence. Your Company reserves the rights to suspend or cancel a customer's access to any or all services provided by Your Company when we decide that the account has been inappropriately used.

What is Appropriate Usage?

Your Company is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

Your Company is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. Your Company uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Disk Space

If you use your services consistently with the Terms Of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.

Your Company Customers may not initiate the following (below), if any customer does Your Company may terminate the account with no refund. Depending on the situation there will/won't be warnings sent.

• Use 25% or more of system CPU resources for longer than 90 seconds or 1% of the server's CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero, and Folding@home.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any file sharing, bit torrent or other P2P network services, client or server software.
• Run any gaming servers such as counter-strike, half-life, battlefield 1492, etc.

Bandwidth

In most cases, if you use our services consistently with our Terms Of Service, visitors to your website will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example, our Enterprise Plan comes with 40GB bandwidth, which is a huge amount; all of this 40GB can be used. Bandwidth is also reset every month.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to:

• Suspend the account until the start of the next allocation.
• Suspend the account until more bandwidth is purchased at an additional fee.
• Suspend the account until you upgrade to a higher level of package.
• Terminate the account and/or charge you an additional fee for the overages.

Unused transfer in one month cannot be carried over to the next month.

Email Storage

You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and our acceptable usage policy. Your Company will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space as applied to your account.

Unlimited

You may have noticed all of our accounts come with unlimited email accounts, sub-domains, FTP accounts, and in some cases, domains. This is subject to how much disk space your account has. So, you can create as many emails, sub-domains, etc., as you want as long as it's within your disk space limit.

Offensive Content

You may not publish or transmit via Your Company's service any content that Your Company reasonably believes:

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

Your Company does not accept material such as:

• Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.

Content 'published or transmitted' via Your Company's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Your Company. Your Company can terminate service for any of the above reasons and it's at Your Company's sole discretion to issue a refund.

Security

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

Bulk Commercial Email

Bulk commercial email, mailing lists, and email reflectors are allowed on Your Company's servers, but we do however allow a maximum of 500 emails per hour per account. For any emails sent from your Your Company account, you must adhere to the following rules:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You may not obscure the source of your e-mail in any manner;
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Your Company service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refers the recipient to a site hosted via your Your Company service. In addition, you may not use a third-party email service that does not practice similar procedures for all its customers.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Your Company's services.

Material Protected By Copyright

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

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

Your Company will terminate the service of repeat copyright infringers.

Other

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

Disclaimer

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

Internet Abuse

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

• Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host, or network including mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
• Use of an Internet account or computer without the owner's authorization, including password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
• Any conduct that is likely to result in retaliation against the Your Company network;
• Use of Your Company's network in a way that unreasonably interferes with Your Company's other customers use of the network.

Newsgroups, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group, or other forum in which you participate, such as IRC and USENET groups, including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.