TERMS OF SERVICE

Gotekky(“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Gotekky Service constitutes acceptance and agreement to Gotekky’s AUP as well as Gotekky’s TOS (Terms of Service).

All provisions in this Agreement are subject to the TOS (Terms of Service) of Gotekky and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the province of Quebec to contracts enforceable in that province.

Disclosure to Law Enforcement:

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 to the Subscriber. In addition Gotekky shall have the right to terminate all service set forth in this Agreement.

Reporting to Third Parties:

We reserve the right to report any and all subscriber personal information to a third party including but not limited to credit agencies. Actions such as illegal activities, fraudulent orders and accounts in arrears will be reported if we deem it necessary.

Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. If you are a resident of Quebec, your purchase of hosting or domain registration services are subject to the Quebec sales tax rate and all Canadian residents are subject to GST or HST tax rates where applicable.

Non-Payment:

Service will be interrupted on accounts that reach one day past due and terminated at three days. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts that are not collectable by Gotekky may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of $150 USD. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:

Gotekky will refund account owners at the condition they send a cancellation notice within 30 days of opening their accounts with us. This does not include domain registration services or dedicated servers which are not refundable. All payments to Gotekky are otherwise nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 45 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Gotekky’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Gotekky an “Administrative Fee” of $50 USD.

Account Cancellation:

Requests for canceling accounts may be made in the client area, under the product details (click on the arrow next to the product/service). Please note that we require at least twelve days advance notice to cancel your account.

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.

New Domain Accounts:

All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Gotekky on behalf of the account holder a handling fee will be incurred.

Transfer of Domains:

New webhosting accounts which involve the transfer of a domain from another provider to Gotekky will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Gotekky on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

Support Boundaries:

We limit our technical support to our area of expertise. The following is our guidelines when providing support: Gotekky provides support related to your account. Gotekky does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Gotekky does not provide technical support for YOUR customers. If you can email, we encourage you to email support AT gotekky.com for assistance. If you are able to get online and have other questions, the answers may be on our home page here – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

SPAM and Unsolicited Commercial Email (UCE):

Gotekky takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Gotekky may not use or permit others to use our network to transact in UCE. Customers of Gotekky may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers. All email sent over our network must comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every receipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.a. Violation of Gotekky’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Gotekky will initiate an immediate investigation (within 48 hours of notification). During the investigation, Gotekky may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Gotekky may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Gotekky reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Gotekky will notify law enforcement officials if the violation is believed to be a criminal offense.b. To help reduce the overall Unsolicited Commercial Email (UCE) problem, Gotekky has put into place the following 3-Strike Policy: For every Unsolicited Commercial Email (UCE) Incident, Gotekky will assess a penalty of $25.00 per verified Incident and a penalty of $200 for the first instance of IP Black Listing and $400 for the second instance of IP Black Listing (collectively, the “Penalties”.) For each $25.00 Unsolicited Commercial Email (UCE) Penalty, you will be issued one strike. For your first IP Black Listing Incident, you will be issued one strike. For your second IP Black Listing Incident, you will be issued two strikes. On your third strike, Gotekky reserves the right to terminate your service with or without warning. If your service is terminated under the Unsolicited Commercial Email (UCE) Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Gotekky. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $65 USD per hour that Gotekky personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

Network

IP Address Ownership:

If Gotekky assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Gotekky, and Customer shall have no right to use that Internet Protocol address except as permitted by Gotekky in its sole discretion in connection with the Services, during the term of this Agreement. Gotekky shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Gotekky, and Gotekky reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage:

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Gotekky will monitor Customer’s bandwidth and disk usage. Gotekky shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Gotekky’s sole and absolute discretion. If Gotekky takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Gotekky may, at its sole discretion, collect a deposit, in an amount determined by Gotekky, against customer’s credit card on file with Gotekky.

System and Network Security:

Users are prohibited from violating or attempting to violate the security of the Gotekky network. Violations of system or network security may result in civil or criminal liability. Gotekky will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: I) Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. II) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. III) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. IV) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. V) Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

A) Gotekky is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. B) First violation: Any User, which Gotekky determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Gotekky’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations. C) Second Violation: Users that Gotekky determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. D) We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation:

Gotekky reserves the right to suspend access to any customer if in the judgment of the Gotekky network administrators the customer’s account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Gotekky chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Gotekky reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Gotekky must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification:

Gotekky wishes to emphasize that in agreeing to the Gotekky Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Gotekky for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Gotekky or the bringing of any claim against Gotekky by any third-party. This means that if Gotekky is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Gotekky, plus all costs and attorney’s fees.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A) A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. B) Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. C) Gotekky takes no responsibility for any material input by others and not posted by the company itself. Gotekky is not responsible for the content of any other websites linked to the Gotekky network; links are provided as Internet navigation tools only. Gotekky disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy. D) Gotekky is not responsible for any damages your business may suffer. Gotekky does not make implied or written warranties for any of our services. Gotekky denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Gotekky. E) It is absolutely forbidden to host pornographic content or IRC servers on our servers. Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content:

You, as Gotekky’s customer, are solely responsible for the content stored on and served by your Gotekky account.

Third Party Products:

Gotekky may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships Gotekky has established with certain commercial vendors. Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Gotekky and not by the Third Party Vendor. Neither Gotekky nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from Gotekky or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Gotekky nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Gotekky with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Denial of Service:

We reserve the right to refuse service to anyone at any time for any reason.

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