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HostGo® Terms of Use Updated Dec. 15, 2011 By clicking that you accept these Terms and Conditions of Use of HostGo.com, you agree to a legally binding Agreement ("Agreement") between you, the user, ("You") and_FritschNET Inc. DBA HostGo ("Company" " HostGo," "HostGo Network" "we," or "us"). FritschNet, Inc. owns and operates the HostGo.com Website ("Site"), and other products and services offered on or through the Site (collectively, the "Services"). "User" includes all visitors to the Site and customers. You acknowledge that you have legal authority to enter into this Agreement. Our Site and Services are designed for those who are over the age of 18 and who are legally able to enter into a contractually binding contract. If you are registering as a company, you acknowledge that you are an authorized representative of the company with legal power to bind the company. BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SERVICES. Changes and Modifications. We reserve the right to change, modify, add, or remove portions of these Terms and
Conditions ("Terms") at any time. You agree to check these Terms periodically for changes. The Terms can be
found at the bottom of the Home Page of the Site. Your continued use of our Site and Services following the posting
of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the
legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the
Site and Services. Usage in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. You also acknowledge that your communications with us may result in the transfer of information across international boundaries. Registration and Account Holder. In order to participate in our Services, you will need to register for an account("Account"). 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 ("Account Holder") who understands the consequences of violating any of the Terms. We will ask for your name, company name, address, email address, website address and credit card information. You agree not to provide any false information on the Site or through the Services or to create an Account for anyone other than yourself or your company. You are not authorized to transfer, loan, give or sell your Account membership. It is your responsibility to keep your Account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if there is any unauthorized use of your Account. You agree to keep your contact, account information and profile information up dated and accurate. You can manage your settings within your Account profile. All billing information will also be sent to the email on file. If you have signed up to receive a newsletter, the newsletter will be sent to the email on file. If your Account has been terminated for any reason, you may not reregister without our prior written consent, which may or may not be granted, at our sole discretion. If you experience a problem accessing your Account, please contact us at cs@hostgo.com. Conformance with the Policies of Others. Account Holder shall not use, nor shall it 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. Please refer to their respective privacy policies regarding the use of personal information transferred through their services. Limited License To Access and View Content. Upon registration and acceptance of our Terms, HostGo grants you a limited license to make use of our Site and Services in accordance with this Agreement as outlined herein. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted ("Content"). We enforce intellectual property laws, including copyrights and trademarks. With respect to Content on this Site or transmitted through this Site, including but not limited to text or data, you may not: (i) collect or harvest, or permit anyone else to collect or harvest, any Content or any non-public or personal information about any person or entity without their express written consent; (ii) resell, redistribute, retransmit, republish, license, transfer, or copy any Content for any purpose from our Site and Services; (iii) re-engineer, modify, or create any derivative work; (iv) remove or obscure any intellectual property notices; or (v) hold yourself out as the owner or creator of the Content unless you are the owner or licensee of such Content. Security. We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. Please refer to our Privacy Policy for additional information. Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You are prohibited from using the Services to (i) store, deliver, receive, or promote any unlawful, threatening, invasive, infringing, defamatory, violent, harassing, abusive, or otherwise objectionable Content; (ii) act in any way that violates or infringes upon the rights of others, including but not limited to, any intellectual property rights: (iii) promote, encourage or engage in gambling, or the exploitation of children; (iv) promote, encourage or engage in hate speech, hate crime, terrorism, or intolerance of any protected class; (v) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (vi) transfer, communicate or imply false, inaccurate or misleading information, or any information that could likely or factually result in harm, or injury to person, animal, or property. You are also prohibited from using the Site or Services to (i) store or send any virus, worm, trojan horse or harmful code or attachment or the like, or other programming routines that may damage or interfere with the Site or Services or other sites and services; (ii) alter, steal, bypass, tamper with, adjust, repair, circumvent, 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; (iii) interfere with the use of the HostGo Network by other authorized users or to store anything that may aid in such interference; or (iv) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers. In addition, you shall not use the Site or Services that violate our requirements regarding the following: (i) 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 on other sites. In general, frontal nudity (not for science, health, fine art, or general educational purposes) and/or content that could 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, in its sole discretion. (ii) CAN SPAM And No-Spam Policy. You shall comply with the CAN-SPAM Act. You shall not use nor 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 discussions. You shall also not promote, nor 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. (iii) 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, in compliance with the CAN-SPAM Act. 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. (iii) 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. (iv) 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. (v) Bots. Bots of all kinds are forbidden on the HostGo Servers. This includes IRC servers, IRC bots, proxies, anonymizers, and web traversal spiders. (vi) Scripts. Any Script that adversely affects any part of the HostGo Network is forbidden. (vii) 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 cgibin; however, Account Holders that do not operate their cgi scripts from within the cgi-bin place their account at risk of abusing server resources. (viii) 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. (ix) 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 (x) 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. Refusal of Service. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. If your account has been terminated for any reason, you may not re-register for an Account without our prior written consent. Submissions to Site. Any information submitted to or through HostGo ("Submissions") will be deemed NOT CONFIDENTIAL if posted in a public area, or if available for viewing by other users. (Please refer to our Privacy Policy for additional information.) By posting or transmitting information through our Site and Services, you are granting us permission to use this information in connection with the operation of our businesses. You grant HostGo an unrestricted, irrevocable, perpetual, royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish via our Site or Services any information you send us for the purposes outlined within the Site or Services. Your Website Content and Customer Data. You shall retain all of your ownership or licensed rights in your information and your user information transferred or posted on or through your hosted website. HostGo does not claim any rights to your customers' data. Please refer to our ISP's privacy policy regarding their use of your website content and customer data. Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent: Darlene Dozier, Esq. To be effective, the notification must include the following: i. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf; 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 to 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 cs@hostgo.com. Pricing, Payment and Termination. Please click here for our current 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. 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. You are responsible for all fees accumulated during the time HostGo continues Disqualified Refunds and Credits. Any account that has been suspended or terminated for any violation or nonpayment 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. Cancellation and Termination. You may cancel your 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. We will retain your Personal Information for the purposes outlined herein and within our
Privacy Policy, and such information may remain in our archives, particularly if required to be stored for legal
purposes. Upon cancellation or termination, the Terms will remain in effect and legally binding, without limitation.
We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause,
without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other Intellectual Property and Copyright Notice. Our Site is controlled and operated by FritschNet, Inc. Our software,
applications, and our materials and information on the Site and Services, including, but not limited to, images, text,
data, illustrations, audio, photos, video files, logos, and the selection, coordination and arrangement of such
materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other
proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual
property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their
respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your Account and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause. Linking To Site. Links in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content or material available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link on the Site does not imply a recommendation or endorsement by company of the linked website. Please refer to the terms of use and privacy policy for each site visited. Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user. DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION/CONTENT OFFERED
ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE
AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOSTGO DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE
SITE AND SERVICES. HOSTGO DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS,
SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD HARMLESS HOSTGO, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS,
THIRD PARTY PROVIDERS, AFFILIATES, AND ADVERTISERS, FROM AND AGAINST ANY AND ALL
DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY
KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR
YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM,
RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY HOSTGO. THE
ENTIRE LIABILITY OF HOSTGO, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,
AUTHORIZED AGENTS, THIRD PARTY PROVIDERS, AFFILIATES AND SPONSORS AND YOUR
EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON
REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU DURING
THE PRIOR 12 MONTHS OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. HostGo reserves the right to assume, at its sole expense,
the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you
agree to fully cooperate with HostGo in the defense of any such claim, action, settlement or compromise Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of California without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County and the Central District of California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Minors and COPPA. Our Site is directed at those who are 18 or older. No one under age 13 should access our Site. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13. Entire Agreement. These Terms of Use, incorporating by reference the Privacy Policy, constitutes the entire Agreement between you and Company. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of Company. Any provision which must survive in order to allow Company to enforce its meaning shall survive the termination of this Agreement. Assignment and Succession. Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsibilities under this Agreement. This Agreement is personal to you, the Account Holder. Press Releases. The Site contains information and press releases that may be updated from time to time. Information about other companies contained in press releases does not represent an affiliation or endorsement by us as to the validity of the information provided in such press releases regarding such companies. Nothing herein gives a user or other third party the right to make a public announcement or issue a press release without our prior written consent. Notice. Unless otherwise indicated, please direct notices to FritschNet, Inc. , cs@hostgo.com. Legal notices to users shall be directed to the account email address on file. Please be sure to keep your email address updated. Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our services and products. These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without
notice. However, in the event of a substantial change, we will notify you by email. It is your responsibility to review
these Terms and the Privacy Policy, both of which are available at www.hostgo.com. |
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