GOA-TECH CORP Terms Of Service

GOA-TECH CORP provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of GOA-TECH CORP are subject to the following terms of service:

Indemnification Policy

You agree to use all GOA-TECH CORP services and facilities at your own risk. GOA-TECH CORP specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall GOA-TECH CORP be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold GOA-TECH CORP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against GOA-TECH CORP, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GOA-TECH CORP against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with GOA-TECH CORP’s server. GOA-TECH CORP reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from GOA-TECH CORP’s server. GOA-TECH CORP shall be the sole judge of what violates this Policy.

Billing:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We accept Company Check, Visa, Master Card, American Express, Discover Card, and PayPal.

Late Payments:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy:

All services provided by GOA-TECH CORP may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless GOA-TECH CORP and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. GOA-TECH CORP reserves the right to determine what is and what isn’t acceptable for our servers.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

CGI Scripts:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops

Proxy servers

Mail bombers

Anonymous mailers

IP spoofers

Port scanners

Hivemail

Telnet or SSH Access Scripts

nph-proxy (and other scripts what operates like proxy)

UBB (Ultimate Bulletin Board, all versions)

lstmrge.cgi

phpShell

FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.

Background Running Programs:

Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC:

We currently do not allow IRC or IRC bots to be operated on our servers.

Commercial Advertising – Email:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $14.850 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

LIMITATION OF LIABILITY:

GOA-TECH CORP shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from GOA-TECH CORP servers going off-line or being unavailable for any reason whatsoever. Furthermore, GOA-TECH CORP shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of GOA-TECH CORP servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to info@GOA-TECH CORP. All complaints will be investigated promptly.

DISCLAIMER:

GOA-TECH CORP cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by GOA-TECH CORP are resold. Thus, certain equipment, routing, software, and programming used by GOA-TECH CORP are not directly owned or written by GOA-TECH CORP . Moreover, GOA-TECH CORP holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as GOA-TECH CORP sees fit. FURTHERMORE, GOA-TECH CORP retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.