Terms of services
Acceptable Use Policy(AUP)
By using GoDap, Inc. (hereinafter GoDap) web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. GoDap reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Illegal Use
GoDap servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3".
We will be the sole arbiters as to what constitutes a violation of this provision.
System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Tortuous Conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
It is contrary to GoDap policy for customers to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a GoDap provided server, or using a GoDap provided server as a mail drop for responses;
To falsify user information provided to GoDap or to other users of the service in connection with use of a GoDap service.
When GoDap becomes aware of an alleged violation of its Acceptable Use Policy, GoDap will initiate an investigation (within 24-48 hours). During the investigation GoDap may restrict Customer’s access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, GoDap Inc. may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, GoDap reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, GoDap will notify the appropriate law enforcement department of such violation.
GoDap does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs incurred by GoDap Inc. as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of $500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that GoDap Inc. personnel must spend to investigate any violations.
Modification
GoDap reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations GoDap’s policy may contact via e-mail: abuse@GoDap.com
GoDap
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and GoDap INC. GoDap regarding your use of GoDap's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which GoDap makes the services offered by GoDap available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " GoDap " web hosting or similar services. Under this Agreement, you must comply with GoDap's then current "Acceptable Use Policy," as updated from time to time by GoDap, which can be viewed at : http://GoDapservers.com/terms.htm
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. GoDap will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.
2. GoDap's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. GoDap expressly disclaims any representation or warranty that the GoDap services will be error-free, secure or uninterrupted. No oral advice or written information given by GoDap, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by GoDap, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of GoDap based upon the severity of the violation. GoDap reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of GoDap's then current Acceptable Use Policy, in the sole and absolute opinion of GoDap. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless GoDap from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by GoDap, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that GoDap Inc. reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. GoDap will not change passwords to any account without proof of identification, which is satisfactory to GoDap, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that GoDap will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will GoDap be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless GoDap from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm GoDap, its reputation, computer systems, programming and/or other persons using GoDap's services. GoDap reserves the right to select the server for Account Holder's website for best performance. If the Account Holder refuses to comply with this Section, then GoDap has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless GoDap and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by GoDap The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of GoDap.
8. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. GoDap has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current GoDap Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by GoDap, GoDap may terminate the services being provided to the Account Holder.
9. GoDap will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall GoDap be liable to the Account Holder for any damages resulting from or related to any failure or delay of GoDap in providing access to the Internet under this Agreement. In no event shall GoDap be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of GoDap under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A GoDap account may not be transferred without prior written approval from GoDap. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the GoDap services, including any damages resulting there from, until the Account Holder notifies GoDap's customer service.
11. If GoDap assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the GoDap services, the right to use that Internet Protocol address will remain with and belong only to GoDap, and the Account Holder will have no right to use that Internet Protocol address except as allowed by GoDap in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and GoDap with respect to the GoDap services and supersedes all prior agreements between the Account Holder and GoDap. GoDap's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Detroit, MI. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold GoDap harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and GoDap will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. GoDap may include the Account Holder's name and contact information in directories of GoDap service subscribers for the purpose promoting the use of the services by additional potential clients. However, GoDap is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Michigan (excluding its choice of law rules) and the federal laws of United States applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Detroit, Michigan for any action arising out of or relating to the Account Holder's use of the GoDap services. The federal and provincial courts of Detroit, Michigan will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material.
19. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller account holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Dedicated server clients are not eligible for refunds.
20. GoDap may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
21. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
22. If an account holder charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.
23. If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.
24. If an account is found to be in violation of the terms of service it will be terminated immediately and all payments forfeited.
25. For closed accounts there is a $5 per incident charge for all inquiries regarding previous services and or support.
Additional Provisions Relating to Dedicated Server Accounts
1. Internet Protocol Address/Number ownership/usage: All ownership and right(s) to use the Internet Protocol(s) address hereafter referred to as IP(s), assigned to the Subscriber(s) shall belong only to GoDap. The Subscriber(s) shall have no right(s) to use the IP(s) except as permitted by GoDap in its own discretion in connection with the services, during the terms of this Agreement. GoDap reserves absolute control and right of ownership over IP’s and may change or remove any such IP Number(s) or Addresses. All IP(s) allocation is based on provision of ARIN’s policy governing IP addresses.
2. Bandwidth and Disk Space: The Subscriber(s) has been allocated the usage of bandwidth and or disk space per month for the service(s) ordered on the order form/ package/special pricing agreed upon at the time of placing the order(s). All bandwidth usage is monitored as far as possible for usage during any given calendar month. The Subscriber(s) agrees to pay any additional charge(s) as applicable that may arise from additional usage of such bandwidth and or disk space usage. GoDap also reserves the right to demand a deposit or charge the Subscriber(s) a deposit on Subscriber(s) credit card(s) on file with GoDap in the event the bandwidth usage is likely to exceed the monthly allocated usage on any two days usage back to back.
3. Support Boundaries: GoDap provides 24 x 7 technical support to our subscribers. GoDap agrees to provide necessary support for the hardware/equipment(s)/service(s) provided by GoDap, however all support on the hardware are subject to warranty agreements of the supplier/manufacturer of the said hardware/equipment(s) and in some instances this may lead to delays in restoring the service to the subscriber. GoDap is not responsible for such delays and is not responsible for any loss monetary or otherwise. GoDap does not offer tech support for any software that is installed on the server this includes the operating system. Any support issue which requires GoDap’s technical staff to work on a Subscriber(s) hardware/equipment for problems not relevant to GoDap’s services will be charged at the rate $75.00/hour (This charge is subject to periodic change and its subscribers responsibility to check the rates before he authorizes any work). The service(s) in case where hourly rate has to be charged is dependent on the receipt of the amount calculated based on approximate time to fix the problem. GoDap only provides technical support to GoDap’s Subscriber(s) we do not support Subscriber(s) clientele or any third party who is not an GoDap subscriber directly. GoDap reserves the right to charge the prevalent hourly rate for technical service(s) in the event it provides technical service(s) who pretends to be GoDap’s subscriber and authorizes work on a hardware/equipment(s)/service(s). Support is provided through the support ticketing system, which can be found in your customer account.
4. Indemnification: Subscriber(s) will defend, indemnify and hold GoDap and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of the AUP and or TOS by the Subscriber(s) or users of the Subscriber(s) account, or in connection with the use of service or the Internet, or the placement or transmission of any message, information, software, or other materials on the Internet by the Subscriber(s) or users of a Subscriber(s) account.
5. Internet Relay Chats also called IRC: GoDap absolutely prohibits hosting of IRC or any services facilitating or relating to such kinds of services.
6. Monitoring Obligations: Subscriber(s)s acknowledge that GoDap has no obligation to monitor services in any way unless otherwise specified by contract, but that GoDap has a right to monitor the service from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other government request, to operate the service properly, or to protect itself or its Subscriber(s). GoDap shall not intentionally monitor or disclose any private e-mail message unless required by law. GoDap reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this Acceptable Use Policy.
7. Responsibility for usage and contents: The Subscriber(s) is responsible for the actions and usage of his user(s)/clientele.
8. GoDap is not liable for any damages your business may suffer and does not make any written or implied warranties for any of our service(s) and denies any warranty or merchantability for a particular purpose which may include but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery and or any service(s) interruptions caused by GoDap.
9. The company reserves the right(s) to deny service(s) to any subscriber(s) who is or has been in violation of section (2) subsection (d) from any future service(s) until such time the subscriber(s) pays the outstanding charge(s) from the subscriber(s) previous subscription(s) to GoDap service(s) and those charges have been paid in full satisfaction. The company further reserves the right(s) to demand a security deposit from such subscriber(s) before providing them with any new or additional service(s).