FritschNET, Inc. DBA HostGo Terms of Service (TOS)

Purpose: The following Terms of Service are in place to ensure the integrity of all services provided by FritschNET, Inc. DBA HostGo.com and are vital to the quality of service HostGo offers each Account Holder and any other party that accesses the HostGo Network for any authorized purpose.

Definitions: The terms used in the HostGo Terms of Service shall have the following meanings:

• "HostGo", "HostGo Network" and "HostGo Service(s)" include, without limitation, HostGo's networks, and all systems, services, and products that utilize, or are utilized in connection with FritschNET, Inc. DBA HostGo.com.

• "Terms" and "TOS" are the policies set forth within the HostGo Terms of Service (this document)

• "Account Holder", "You", "Your", and "User" includes, without limitation, all parties that access the HostGo Network and/or have requested services from HostGo either directly or by means of another Account Holder such as, but not limited to, a reseller.

• "Confirmed Opt-in Process" indicates a process by which an email address is subscribed to a mailing list only after a verified request to be added to the list is received from the owner of the email address. The confirmation process must be such, that a bounce message or auto-responder message would not serve as verification, but only a reply from the email address owner himself, specifically requesting subscription to the list.

Agreement: By requesting an account from HostGo, or accessing any part of HostGo's Network for any reason, you agree to act as a responsible user who understands the consequences of violating any of the Terms and agrees to act in accordance with each of the Terms provided below. You also understand that your continued use of the Services constitutes an agreement to the terms and conditions herein.

Modifications and Changes: Although HostGo agrees to make an effort to notify the Account Holder, by means of the primary email address on file, HostGo reserves the right to modify, update, change or revise (collectively, "Change") the Terms at its sole discretion without notice. Unless otherwise stated, Changes are in effect upon the posting of such Changes. Continued use of the services following any Change constitutes acceptance of such Change. The Terms listed below, and any Changes thereto, represent the entire understanding and agreement between the Account Holder and HostGo.

Conformance with the Policies of Others: Account Holder shall not use, nor shall it recklessly or knowingly permit others to use, the HostGo Services: (a) in violation of the terms set forth by other Internet Service Providers (ISPs), where data is carried across networks of other ISPs; or (b) in violation of the terms set forth by HostGo's providers of which Account Holder has knowledge.

HostGo's providers include but are not limited to, Hurricane Electric, Level 3 Communications, Internap Network Services Corporation, and Sprint

Forbidden Content and Activities: Account Holder shall not use, nor shall it recklessly or knowingly permit others to use, the HostGo Services: (a) for the storage, delivery, receipt, or promotion of any unlawful, invasive, infringing, defamatory, racist, violent, or fraudulent content, products, services, or actions; (b) to store or send any virus, worm, trojan horse or harmful code or attachment; (c) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network or to store anything that may aid in this type of activity; (d) to interfere with the use of the HostGo network by other authorized users or to store anything that may aid in such interference; (e) to alter, tamper with, adjust, repair or circumvent any aspect of the Services or to store anything that may aid in such actions; or (f) in violation of one or more of the terms listed below.

Adult/Pornographic Content: Content designed to sexually arouse is prohibited throughout the HostGo Network. This includes sites that may allude to sexual content and/or links to adult content elsewhere. In general, frontal nudity (not for science, health, fine art, or general educational purposes) and/or content meant to sexually arouse is prohibited. Child Pornography of any kind is prohibited throughout the HostGo Network and will be reported to the authorities if found. HostGo reserves the right to determine what violates this policy.

NO-spam Policy: Account Holder shall not use, nor recklessly or knowingly permit others to use, any part of the HostGo Network to send unsolicited messages of any kind, regardless of the content or nature of such messages, including but not limited to email, newsgroup postings, web forum postings and other electronic discussion fora. Account Holder shall also not promote, nor recklessly or knowingly permit others to promote, any product or service that uses any part of the HostGo Network by means of unsolicited messages of any kind, regardless of the content or nature of such messages.

Mailing Lists: All mailing lists must use only a confirmed opt-in process for adding subscribers. All subscription based lists must have unsubscribe procedures that are simple to locate and complete. Furthermore, mailing lists exceeding 500 subscribers sent using the HostGo Services must be sent using the mailing list tools that have been pre-installed by HostGo for this purpose. If your mailing list exceeds 1,500 addresses, you must contact HostGo requesting and receiving permission to send the mailing through the HostGo Servers prior to sending any messages.

Unauthorized Daemons: Unauthorized daemons are prohibited. An Unauthorized Daemon is any process that continuously runs in the background that is not started or operated by HostGo and/or does not have the express written permission of HostGo to operate. Programs and/or daemons that open listening sockets, whether TCP, UDP, or Unix, are expressly forbidden.

Unauthorized Clients: File exchange/sharing clients that are commonly known to be used in the illegal trading of software or copyrighted material and/or that are better serviced from your home computer connected via your ISP (e.g. IRC, Usenet, KaZaA, Gnutella, Napster, and Hotline clients) are not permitted on any of the HostGo Servers.

Bots: Bots of all kinds are forbidden on the HostGo Servers. This includes IRC servers, IRC bots, proxies, anonymizers, and web traversal spiders.

Scripts: Any Script that adversely affects any part of the HostGo Network is forbidden.

CGI: CGI should be run from within the account's cgi-bin at all times for both optimal security and resource compliance. HostGo does allow an override for scripts that are not able to run from within the cgi-bin; however, Account Holders that do not operate their cgi scripts from within the cgi-bin place their account at risk of abusing server resources.

Established Naming Conventions: All files should be named in accordance with established naming conventions. For example, content delivered with the use of SSI should originate from files that are named with the .shtml or .shtm file extensions (e.g. FileName.shtm); files that deliver content with the use of PHP should originate from files that are named with .php extensions. By using established naming conventions the content is able to be delivered more quickly and efficiently. Account Holders that do not use established naming conventions are at risk of abusing server resources.

Excessive Resource Usage and/or Abuse: When an account uses more resources than it has been allocated, HostGo will notify the Account Holder by means of an email sent to the primary email address on file and, depending on the severity, will either (a) charge the account accordingly for the extra usage; or (b) immediately suspend the account from further use of the HostGo Services and provide reasonable opportunity to cure; or (c) immediately terminate the account from further use of the HostGo Services including termination of this agreement without further liability or obligation to Account Holder.

Circumvention of Fees: The circumvention of fees by the engineering of a method that emulates a service or value added service established or offered by HostGo, such as but not limited to, the IRM/IRO functionality is strictly prohibited, unless otherwise explicitly stated or expressed by HostGo.

Listed Packages and Pricing: HostGo's listed packages and/or pricing may change at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are increased or decreased.

Payment and Termination: All payments are due on time. Failure to use the services associated with a package will not relieve the Account Holder of payment obligations for such services. The term for any service or package is a minimum of one month. Any account that is unpaid by the due date is at risk of suspended services and/or extra fees. Accounts that remain suspended for 30 days will be deleted without backup provisions. The Account Holder is responsible for all fees accumulated during the time HostGo continued to store the contents of the account, regardless of size or suspension status. Terminated accounts may be deleted immediately and without backup provisions.

Cancellation: The Account Holder may cancel their account at any time by completing the HostGo Cancellation Request Form. Canceled accounts may be deleted immediately upon reaching the requested date of cancellation and without backup provisions.

Disqualified Refunds and Credits: Any account that has been suspended or terminated for any violation or non-payment will not be eligible for the 30 day money back guarantee. HostGo's uptime guarantee would still be in effect, although the time the account is suspended or terminated is considered uptime.

Consequence of Violation: If Account Holder, or a third party through Account Holder, violates or attempts to violate any of the foregoing prohibitions or affects the normal operation of any of the Services provided by HostGo including, but not limited to, administrative tasks, technical support, any Server operations, network speed, service, content or email delivery, HostGo may perform any of the following actions, alone or in combination:

1) send a Terms of Service warning, by means of email to the primary email address on file with HostGo, providing notice to the Account Holder and offering the Account Holder a reasonable opportunity to cure;

2) immediately suspend the Services and provide notice to the Account Holder, by means of email to the primary email address on file with HostGo, offering the Account Holder a reasonable opportunity to cure;

3) immediately terminate this agreement and the Services without further liability or obligation to Account Holder. Violators of these Terms may also incur criminal or civil liability. HostGo may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.

Indemnification: You and your agents agree to defend, indemnify and hold harmless HostGo and its Affiliates from and against any and all losses, liabilities, expenses and damages of every kind and nature, known and unknown, suspected and unsuspected, including legal fees and costs, incurred in connection with any claim arising out of, resulting from or relating or in any way connected to your account, breach of these Terms or use of any service, product, information or materials offered or provided by or obtained from HostGo or its affiliates.

Disclaimer of Warranties: USE OF HOSTGO'S SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND ALL SERVICES, PRODUCTS, INFORMATION AND MATERIALS PROVIDED BY HOSTGO OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, SERVICE PROVIDERS, LICENSORS OR OTHER AFFILIATED THIRD PARTIES (COLLECTIVELY, "AFFILIATES") ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOSTGO DOES NOT WARRANT THAT ITS SERVICES, PRODUCTS, INFORMATION OR MATERIALS ARE ACCURATE, RELIABLE, CORRECT, VIRUS-FREE, ERROR-FREE OR WILL NOT BE INTERRUPTED FOR ANY REASON. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL HOSTGO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF, RESULTING FROM OR RELATING OR IN ANY WAY CONNECTED TO THE USE OR PERFORMANCE OF, OR INABILITY TO USE, ANY SERVICE, PRODUCT, INFORMATION OR MATERIALS OFFERED OR PROVIDED BY OR OBTAINED FROM HOSTGO OR ITS AFFILIATES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF HOSTGO AND ITS AFFILIATES, COLLECTIVELY, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ON ANY OTHER BASIS, EXCEED THE TOTAL PAYMENTS MADE BY YOU DURING THE TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE ALLEGED LIABILITY WAS INCURRED, EVEN IF HOSTGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU OR MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Refusal of Service: HostGo reserves the right to refuse or cancel service at its sole discretion.

Copyrights: Customer warrants that any material submitted for publication on HostGo does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. HostGo reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

If HostGo becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, HostGo, at its discretion, may, at any time deny access to the challenged material of Customer.

If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement.

Contact and Abuse Reporting Information: All other violations regarding prohibited use or other abuse of the HostGo Network, including violations of these Terms, should be reported via e-mail to HostGo at: abuse@hostgo.com. To assist HostGo in conducting a thorough investigation of the complaint, include all applicable information, including full headers of reported messages, and the pertinent sections of any log files.

If you are unsure whether any contemplated use or action is in violation of these Terms, or if you have questions or concerns regarding these Terms please contact HostGo by sending email to: service@hostgo.com.