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 Terms of ServiceJune 1, 2007
This MASTER SERVICES AGREEMENT (“MRC”) is entered into this day, _________________, by and between Go Cheap Hosting, located in Washington, DC, PO BOX 18543, Washington, DC 20036 ('GO CHEAP HOSTING') and _____________________________________, _______________________________________________________________('Customer'): 1. SERVICES. GO CHEAP HOSTING agrees to provide to Customer and Customer agrees to procure from GO CHEAP HOSTING certain communication services to be described in Sales Order(s) issued and agreed upon by the parties. Once agreed upon and accepted by the parties, such Sales Order(s) will become a part of this Agreement and be binding upon the parties hereto. Each Sales Order will describe the communication services to be provided ("Services"), the agreed to term ("Contract Term'), the recurring (monthly) and/or non recurring (provisioning or other) charges, and such information as may be necessary. A. You agree to supply appropriate payment for the services received
from GoCheapHosting.com, in advance of the time period during which
such services are provided. You agree that until and unless you
notify GoCheapHosting.com of your desire to cancel (please use our
cancellation form) any or all services received, those services
will be billed on a recurring basis. GoCheapHosting.com reserves
the right to change the monthly payment amount and any other charges
at anytime. C. SSL certificates are also the same way as a domain name. If you do not register the SSL certificate within 30 days of expiring, we cannot order services for you that are not paid for in advance.
3. TERM. Customer agrees to purchase the Services for the Contract Term as set forth on the attached Sales Order(s). Subject to the earlier termination provisions set forth herein, at the end of the Contract Term, this Agreement will automatically continue on a month to-¬month basis until terminated by either party upon 30 days written notice. 4. RATES AND CHARGES. Rates and charges will be so forth on the Sales Order(s) and will commence on the Installation Date. Any monthly recurring charges ("MRC") will be billed in advance each month in accordance with the Sales Order(s). Any nonrecurring charges ("NRC") will be billed on the first invoice after the Installation Date, or if the NRC is incurred after the Installation Date, such charges will be billed on the next invoice thereafter. GO CHEAP HOSTING may adjust the rates and charges for the renewal terms upon written notice provided at least 60 days prior to the end of the Contract Term or any renewal hereof. Payments are due on or before the last day of month. GO CHEAP HOSTING may assess a late fee of 1 1/2% per month (not to exceed the maximum rate allowed under state law) on all balances not paid when due. Customer will pay any and all costs incurred in collection of rates and charges due and payable, including reasonable attorney's fees, whether or not a suit is instituted. GO CHEAP HOSTING has the option to suspend services until payment is made. Termination of Services may follow. A. All payments hereunder will be in U.S. dollars.
6. TAXES. Customer is responsible for payment of any and all federal, state and local taxes, charges or surcharges imposed on or based upon the provision, sale or use of GO CHEAP HOSTING's services (excluding taxes based upon GO CHEAP HOSTING’s income). GO CHEAP HOSTING will collect all such taxes, charges, and surcharges unless Customer provides GO CHEAP HOSTING with proof of exemption. Customer will indemnify GO CHEAP HOSTING for any and all costs, claims, taxes, charges, and surcharges levied against GO CHEAP HOSTING relative to such exempt status. 7. TARIFF APPLICATION. Customer acknowledges that the Services may be subject, in whole or in part, to one or more provisions of state or federal tariffs filed by GO CHEAP HOSTING. In the event of any conflict between any provision of this Agreement and any provision of such tariff, the provision of such tariff will control. This Agreement and the Services will be subject to such modifications as may be required or authorized by any regulatory agency in the exercise of its lawful jurisdiction. 8. COMPLIANCE WITH LAW. This Agreement is subject to all applicable federal, state and local laws, and regulations, rulings, orders, and other actions of governmental agencies ("Rules"), including, but not limited to: the Communications Act of 1934 as amended by the Telecommunications Act of 1996, the rules and regulations of the Federal Communications Commission ("FCC"), and the obtaining and continuance of any required approvals, authorizations, or tariffs filed with the FCC or any other governmental agency. GO CHEAP HOSTING will use its good faith reasonable efforts to obtain, retain, and maintain such approvals and authorizations. If any such Rule adversely affects the Services or requires GO CHEAP HOSTING to provide Services other than in accordance with the terms of this Agreement, either party may, without liability to the other party, terminate the affected Services upon 30 days prior written notice to the other party. In performing their obligations under this Agreement, the parties will comply with all applicable federal, state and local laws, regulations, rules and orders. When Customer uses the Services to carry a mixture of intrastate and interstate communications, Customer warrants that the interstate communications will constitute at least 20% of the total communications carried over the Services. Upon request, Customer will make its records available to GO CHEAP HOSTING for inspection and verification. 9. COMPATIBILITY. Unless otherwise provided, Customer will provide equipment compatible with the Services and GO CHEAP HOSTING’s network and facilities. Customer will bear the cost of any additional protective apparatus reasonably required to be installed because of the use of GO CHEAP HOSTING’s network or facilities by Customer, Customer’s lessees or assignees. 10. NON INTERFERENCE. Customer's use of the Services provided herein and any equipment associated therewith will not: (a) interfere with or impair service over GO CHEAP HOSTING’s network or facilities; (b) impair privacy of any communications over such network or facilities; (c) cause damage of any nature to GO CHEAP HOSTING’s assets; (d) be used to frighten, abuse, torment or harass another; or (e) create hazards to GO CHEAP HOSTING’s officers, directors, employees, subcontractors, agents or users of the aforementioned network or facilities.
GO CHEAP HOSTING reserves the right to suspend service for scheduled maintenance or planned enhancements or upgrades to GO CHEAP HOSTING’s network without notice to Customer. 12. ACCESS TO PREMISES. Customer will grant GO CHEAP HOSTING or cooperate with GO CHEAP HOSTING in obtaining access to its premises for the installation, operation, removal, repair and maintenance of the facilities and equipment for the Services hereunder. 13. LIMITED WARRANTY. GO CHEAP HOSTING will use reasonable efforts, according to industry standards to provide Services on a 24 hour a day, 7 day per week basis. GO CHEAP HOSTING does not warrant that Services will be provided without interruption. In case of a Services interruption of more than 24 hours caused by GO CHEAP HOSTING, GO CHEAP HOSTING will credit Customer with GO CHEAP HOSTING’s service charge for the period during which the Services were interrupted. Such credit will not be given for Services interruption caused by Customer or by activities or facilities furnished by Customer or third parties. GO CHEAP HOSTING MAKES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES AND MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, INCLUDING. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 14. LIMITED LIABILITY. GO CHEAP HOSTING's liability and the exclusive remedy of Customer for damages associated with the installation, provision, termination, maintenance, repair or restoration of Services, will be solely limited to an amount no greater than the amounts payable from Customer to GO CHEAP HOSTING during the Contract Term. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR LOSS OF USE, INCOME OR PROFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES. The provisions of this Paragraph 14 will survive the termination of this Agreement and any 'Sales Order(s) issued hereunder. 15. INDEMNIFICATION. GO CHEAP HOSTING and Customer will indemnify, hold harmless, and defend the other, its officers, directors, affiliated companies, employees, agents and subcontractors from liabilities, claims or damages arising out of personal injury or death or damage to property to the extent caused by the indemnifying party's breach of any representation, warranty, term or provision herein or to the extent caused by the acts or omissions of such party, its employees, agents or subcontractors in its performance hereunder. The provisions of this Paragraph 15 will survive the termination of this Agreement and any Sales Order(s) issued hereunder. 16. CONFIDENTIALITY. In the course of performance hereunder, the parties may have access to certain information, the ownership and confidential status of which is highly important to the other party, including, but not limited to: information about products, services, business plans, trade secrets, discoveries, ideas, designs, drawings, specifications, techniques, models, data, programs, documentation, processes, know how, customer lists, marketing plans, and financial and technical information and other information treated or designated by one of the parties as confidential (herein referred to as "Confidential Information"). Neither party will disclose the other party's Confidential Information, directly or indirectly under any circumstances or by any means, to any third person without the express written consent of the other party, and neither party will copy, transmit, reproduce, summarize, quote, or make commercial or other use whatsoever of the other party's Confidential Information, except as may be necessary to perform its duties hereunder. Each party will exercise the highest degree of care in safeguarding the other party's Confidential Information against loss, theft, or other inadvertent disclosure and take all steps necessary to maintain such confidentiality. The provisions of this Paragraph 16 will survive the termination of this Agreement and any Sales Order(s) issued hereunder. 17. TERMINATION. Either party may terminate this Agreement or any Sales Order(s) issued hereunder upon 30 days written notice to the defaulting party, if the defaulting party: (a) breaches any term or provision herein and fails to cure such breach within the said 30 days; or (b) makes an assignment for the benefit of creditors; or (c) has any proceedings filed against it under any law relating to creditor's rights in general. You MUST use use your client account to cancel your services. GO CHEAP HOSTING may terminate the Services if Customer fails to pay any invoice within 30 days of the date of the invoice. Upon early termination for any reason, other than breach by GO CHEAP HOSTING, Customer will immediately reimburse GO CHEAP HOSTING the costs of any special construction incurred by GO CHEAP HOSTING to provide Services hereunder. In addition, all rates and charges set forth herein for the entire Contract Term will become immediately due and payable by Customer to GO CHEAP HOSTING. 18. FORCE MAJEURE. In the event that either party's performance is delayed, prevented, obstructed, or inhibited because of any Act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, destruction or shut down of facilities, shortage or curtailment, riot, insurrection, governmental acts or directives, any full or partial failure of any communications or computer network or any cause beyond such party's reasonable control, the party's performance will be excused and the time for the performance will be extended for the period of delay or inability to perform resulting from such occurrence. The occurrence of such an event will not constitute grounds for a declaration of default by either party. 19. NOTICES. All notices required by or relating to the Services herein will be in writing and will be sent to Customer at the address shown above and to GO CHEAP HOSTING at: PO BOX 18543, Washington, D.C. 20036, Attn: Steve Payne C/O Customer Service, with a copy to the Legal Department at the same address. All such notices will be deemed given if mailed, postage pre paid, registered or certified mail, return receipt requested. 20. ASSIGNMENT. Customer may not assign its obligations hereunder without the Prior written consent of GO CHEAP HOSTING. Such consent will not be unreasonably withheld. 21. WAIVER. The failure of either party to insist upon the performance of any Provision herein or to exercise any right or privilege granted to it hereunder, will not be construed as a waiver of such provision or any provisions herein, and the same will continue in full force. The various rights and remedies given to or reserved by either party herein or allowed by law, are cumulative, and no delay or omission to exercise any of its rights will be construed as a waiver of any default or acquiescence, nor will any waiver of any breach or any provision be considered a condonement or any continuing or subsequent breach of the same provision. 22. AMENDMENTS, MODIFICATIONS AND SUPPLEMENTS. Any amendment, modification, supplement or change hereto must be in writing and signed by the parties hereto. 23. GOVERNING LAW. This Agreement and the Services hereunder will be governed by and interpreted in accordance with the laws for the State where the Services are to be provided. 24. CONENT 25. ZERO TOLERANCE SPAM POLICY 26. RESOURCE USAGE a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e)Run any bit torrent f) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc 27. BANDWIDTH USAGE 29. ENTIRE AGREEMENT. This Agreement, together with the attached Sales Order(s) and any addendum(s) and exhibit(s), set forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes any prior agreement or understanding. If any provision hereof is held to be invalid, void, or unenforceable, the remainder of the provisions will nevertheless remain unimpaired and in effect. Amendments Hosting fees are due on the the monthly and annual billing for services are due on your cycle. We will send out a notice within 7 to 30 days before it is due. If it is not paid within 7 days after your hosting bill is due, there will be a fee accessed to your account in the amount of $10.00. If you notify us within the time frame, we will be happy to waive the fee for you. Over due accounts or unpaid bills will result in your account being deleted. Go Cheap Hosting Title: _________________________ Date: _________________________
Customer By: _________________________ Title: _________________________ Date: _________________________
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