Go-Mama-Hosting
Terms Of Service and Acceptable Use
Please
be sure to read our (Acceptable
use policy and Terms
and Conditions). As a consumer, it is your responsibility to read it.
The
Internet is a powerful information and entertainment tool, we would expect our
customers to use the Internet with respect, courtesy, and responsibility, giving
due regard to the rights of other Internet users.
In summary:
ACCOUNTS CAN BE REFUSED
AND/OR DISCONTINUED AT GO-MAMA-HOSTINGS DISCRETION.
Go-Mama-Hosting shall not be liable for loss of data under
any circumstance.
Repeated
attempts to obtain hosting after denial will result in your payment not being
refunded. It will be considered a processing fee.
Go-Mama-Hosting
is a very careful and secure company and WE WILL check your customer input to
confirm your information. Any irregularities will be cause for refusal. We do
not have instant activation for this reason. But we do have HIGHLY satisfied customers
on a clean service!
No IRC's, BNC's, Eggdrops, Unauthorized SHELL programs, HYIP or PROXY sites, Illegal or blatantly offensive material (or promotion of the aforementioned sites) or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible. Spamming using other resources
with links directed back to sites on our servers IS involving us in the spamming
not unlike using our actual server and can be grounds for termination without
recourse.
Support Restrictions: Go-Mama-Hosting
will make every effort to support information for configuring popular network/web
software to use Internet services. However we can in no way specifically test
every piece of software that could conceivably be utilized with our systems, only
provide general system-related information. The offer of any particular service
does not constitute an obligation on Go-Mama-Hosting's part to tutor the necessary
skills to utilize that service, only to provide system-specific information.
In the interest of simplicity, consistency
and most important of all...ensuring that technical support
time is properly used, Go-Mama-Hosting will no longer
support the installation of any SSL's other than its own.
Payments: Accounts
will be billed in advance for the month of service. If
you sign up and receive service today, we will bill you
today for the next 30 (or 28/31) days for service. No
refunds will be processed without "cause" .
Accounts are invoiced 24 hours in advance of payment processed.
You will be notified by e-mail to the address you signed
up with for services of success or failure. If billing
fails and we are unable to process payment for over 72
hours we will suspend services without further notice.
If we are still unable to collect 7 days past payment
due date we reserve the right to terminate the account
and all files on our services without recourse.
All outstanding debts (if applicable) must
be paid at the time of termination of hosting services.
If not done, any future monthly payment subscriptions
that may have been setup and paid by you will be applied
towards any unpaid balances.
Go-Mama-Hosting is not responsible for cancelling
monthly payment subscriptions at the time of hosting cancellation.
Any subscription payments received by us after hosting
services are cancelled will first be applied to any outstanding
balances and the remaining (if applicable) will then be
refunded.
Uptime Guarantee:
If your website and/or email becomes unavailable due to reasons at your facility
(or related), We will offer a refund for 2X the amount of time lost regardless
of duration of downtime for any reason NOT related to customer error up to 100%
of monthly charges refunded.
CANCELLATION
POLICY: We offer a 30 day money back guarantee for cause on all hosting, reseller
and dedicated services plans. Cause is any demonstrated failure on our part to
deliver services purchased. If you can provide us with a reason that we failed
to provide the services you purchased from us we will be more than happy to give
you a refund. Secure server certificate and domain registration fee's ARE ALSO
NOT REFUNDABLE.
CANCELLATIONS MUST BE PROVIDED
here
30 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES.
a) What if we sign up
for 1 year in advance? Is refund available, is it full, prorated or percentage-based?
See above for specific service policy's. When offered, the refund is Prorated
to the next months billing. If you sign up for a year at $120.00 and want to leave
after 1 month we will refund $108.00 (11/12's of the purchase price). Same
situation, you sign up for a year at $120.00 and leave after 45 days you could
be eligible for a refund of $96.00 (10/12's of the purchase price) se you are
already into the second month of service and that has already been accounted for.
b)
Is there a timeline where refund eligibility becomes void? No
Payments:
Go-Mama-Hosting accepts the following payment methods:
Mastercard, Visa, Alertpay,
PayPal, and Money Orders/Cashier Checks (which MUST
be RECEIVED AND CLEARED on/or before your due date).
Privacy
Statement: Go-Mama-Hosting follows the
strict guidelines of our customer privacy statement. Please make sure you understand
this statement fully. Please click HERE to read the
privacy statement.
Use
of Go-Mama-Hosting Service constitutes acceptance and agreement to Go-Mama-Hosting
AUP as well as Go-Mama-Hosting TOS (Terms
of Service)
Go-Mama-Hosting reserves the right
to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other
policies and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our TOS (Terms of
Service). All users of Go-Mama-Hosting Internet services, and their clients, must
comply with this AUP and our TOS (Terms of Service).
IMPORTANT
NOTICE: *Payments To Go-Mama-Hosting have a 30 day money back guarantee
for cause*
We support the uncensored flow of
information and ideas over the Internet and do not actively monitor subscriber
activity under normal circumstances. Similarly, we do not exercise editorial control
over the content of any web site, e-mail transmission, newsgroups, or other material
created or accessible over or through the services, except for certain proprietary
Web sites. However, in accordance with our TOS (Terms of Service), we may remove
any materials that, in our sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. Go-Mama-Hosting may cooperate with legal
authorities and/or third parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of this AUP may result in the suspension
or immediate termination of either your Go-Mama-Hosting account or other actions
as detailed below without notice, based upon the nature of the violation. As noted
on the site, legal Adult Content is allowed.
Hosting
only Customers:
Please remember, your unlimited E-Mail
Services and/or subdomains are for YOUR use. They are not intended to be used
for re-sale or promotional offerings.
This document is
intended to provide a basic understand of Go-Mama-Hosting Acceptable Use Policy.
The following are guidelines for the establishment and enforcement of Go-Mama-Hosting
AUP. If a Go-Mama-Hosting account violates this Acceptable Use Policy or our TOS,
we reserve the right to terminate your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary corrective action, however
based on the nature of the violation, could result in immediate termination of
service.
The following constitute violations of
this AUP:
Illegal Activities:
Go-Mama-Hosting services may not be used for illegal purposes, or in support of
illegal activities. Go-Mama-Hosting reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any suspected
crime or civil wrongdoing.
Any content that is considered
hateful or offensive, racial, ethnic, has illegal sexual content; or is defamatory,
libelous, or invades another person's privacy or proprietary right will not be
tolerated and will be grounds for immediate termination of your hosting account.
(This includes posting defamatory/erroneous information regarding Go-Mama-Hosting.com in public forums and/or on any websites hosted with us).
Disclosure, reproduction or use of any communication
(email correspondance, forum posting, or other method of communication) by Go-Mama-Hosting
to its clients in whole or in part is strictly forbidden. Our correspondance to
our customers is considered confidential and may result in termination of services
if this occurs.
Harm or
Endangerment to other people: You may not use Go-Mama-Hosting service to harm,
or attempt to harm, minors in any way, including, but not limited to child pornography,
or use Go-Mama-Hosting service to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm or destruction
of property.
Forgery or
impersonation: Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting to impersonate any
person by using forged headers or other identifying information is prohibited.
The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited E-mail,
News Bombing (SPAM):
Use of the Go-Mama-Hosting
service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Violations of this
type will result in the immediate suspension of the offending
Go-Mama-Hosting account. Spam complaints will be sent
to the e-mail address on file. Failure to respond to complaints
within a 24 hour time frame will result in the Go-Mama-Hosting
staff suspending the offending account by whatever means
necessary. Should the account become reactivated without
the express written consent of Go-Mama-Hosting, the offending
account will be immediately terminated, and may result
in suspension / termination of the server itself. Anyone
hosting websites or services on their server that support
spammers or cause any of our IP space to be listed in
any of the various Spam Databases will have their server
immediately removed from our network. The server will
not be reconnected until such time that you agree to remove
any and all traces of the offending material immediately
upon reconnection and agree to allow us access to the
server to confirm that all material has been completely
removed. Severe violations may result in immediate and
permanent removal of the server from our network without
notice to the customer. Any server guilty of a second
violation will be immediately and permanently removed
from our network without notice. Malicious intent to impede
another person's use of electronic mail services or news
will result in the immediate termination of the offending
Go-Mama-Hosting account.
SafeList's and Mailing
Lists : Go-Mama-Hosting will allow Double opt-in
safelists/mailing lists, but reserves the right to request
that these type of sites be moved to dedicated servers
as they do tend to use a great deal of resources. We also
require that these be carefully policed and comply with
all state (Oregon) and federal (United States) law (regardless
of where the site ownership is located). Failure to abide
by these laws constitutes a violation of our TOS/AUP and
termination will be enforced without exception or limits.
Shoutcast and Gaming: Prohibited for Shared Hosting
and Reseller Customers ONLY (Does not apply to Dedicated
Servers other than legal restrictions), see below:
Go-Mama-Hosting will allow Shoutcast,
Gaming and Torrents (dealing in and only in legal and
non-copywrite restricted material) as long as they are
on their own dedicated servers. These types of sites use
a great deal of resources and can't be supported through
our website or reseller programs. We also require that
these be carefully policed and comply with all state (Oregon)
and federal (United States) law (regardless of where the
site ownership is located). Failure to abide by these
laws constitutes a violation of our TOS/AUP and termination
will be enforced without exception or limits.
Copyright
or trademark infringement:
Use of the Go-Mama-Hosting service to transmit
any material (by e-mail, uploading, posting or otherwise)
that infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted software. Use
of the Go-Mama-Hosting service to collect, or attempt to
collect, personal information about third parties without
their knowledge or consent. Distribution and/or posting
of copyrighted or the aforementioned infringements will
not be tolerated.
Network disruption: Use of the Go-Mama-Hosting service for any activity which
affects the ability of other people or systems to use Go-Mama-Hosting Services
or the Internet. This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or disruption of other
network users, services or equipment is prohibited. Go-Mama-Hosting will not tolerate
any subscriber attempting to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion results in corruption
or loss of data. Go-Mama-Hosting, does not allow the hosting of IRC, IRC Bots,
or eggdrops or Unauthorized SHELL programs on our network. Accounts found
hosting this material will be subject to immediate cancellation without refund.
Use of the Go-Mama-Hosting service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate, security measures of Go-Mama-Hosting
or another entity's computer software or hardware, electronic communications system,
or telecommunications system, whether or not the intrusion results in the corruption
or loss of data, is expressly prohibited and the offending Go-Mama-Hosting account
is subject to immediate termination.
Security:
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not gain unauthorized access to your
account. In addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or server.
Network
Security: Go-Mama-Hosting
accounts operate on shared network resources. Excessive use or abuse of these
resources by one customer may have a negative impact on all other customers. Misuse
of network resources in a manner which impairs network performance is prohibited
by this policy and may result in termination of your account.
REPORTING
VIOLATIONS OF Go-Mama-Hosting AUP:
Go-Mama-Hosting requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department at abuse@go-mama-hosting.com
if possible, please provide the IP address used to commit the violation, date
and time of the violation, and evidence of the violation.
Go-Mama-Hosting
will charge a $200.00 site cleanup fee for any abuse of the terms listed above
PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT Go-Mama-Hosting's
$75.00 PER HOUR.
Terms
of Service (TOS)
Limitations of Liability:
1. Go-Mama-Hosting operates a shared hosting environment,
which affords a cost-effective hosting option for our
Customers and introduces some risk that a Customer could
impact others.
2. We cannot accept any liability for downtime, interruptions
of service, loss of business, breach of security or inadvertent
access to your private data.
3. We cannot accept any liability for our response to
a legal requirement or court order. Furthermore, there
are some circumstances where Go-Mama-Hosting must use
its best judgment on how to respond to opposing legal
viewpoints. In such instances, we cannot accept any liability
where our judgment is ultimately wrong.
4. Go-Mama-Hosting and its content are provided "as
is", with no warranties whatsoever. All representations
and/or warranties of any kind, either expressed, implied
or statutory, including, without particular limitation
to the implied warranties of merchantability, fitness
for a particular purpose, and non-infringement of proprietary
rights, are expressly disclaimed to the fullest extent
permitted by law. All clients acknowledge that any warranty
that is provided in connection with any product and/or
service available through Go-Mama-Hosting is provided
solely by the owner, advertiser, or manufacturer of that
product and/or service, and not by Go-Mama-Hosting.
5. You agree that all access and use of Go-Mama-Hosting
and the content thereof is at your own risk. In no event
shall Go-Mama-Hosting be liable for (a) any lost data
or content, lost profits, business interruption or for
any direct, indirect, incidental, special, consequential,
exemplary or punitive damages arising out of or relating
to the network, systems, tools, software or the services
provided hereunder, even if company has been advised of
the possibility of such damages, or otherwise for any
such claim, (b) for any damages or costs arising from
any third party actions, failure to act, or delay in performing
any obligation whatsoever, or (c) any customer web site
or any content on such web site, or out of any errors
or omissions in the content thereof. You agree that your
sole remedy for dissatisfaction with this website, site-related
services, products, tools and/or content contained within
the web site, or with the extent to which such web sites
are "up" or are available for access by you
or other users of the internet, is to stop using our services,
without limiting the generality of the foregoing, Go-Mama-Hosting
shall not be liable for personal injury or property damage.
All Terms and Conditions of this TOS (Terms of Service)
our AUP (Acceptable
Use Policy) and SLA
may be modified at our sole discretion without prior warning.
Changes to this TOS does not constitute grounds for early
contract termination or nonpayment. Please check back
regularly for any updates.
Use of Go-Mama-Hosting
Service constitutes acceptance and agreement to Go-Mama-Hosting AUP (Acceptable
Use Policy) as well as Go-Mama-Hosting TOS (Terms of Service). From herewith in
this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute
reference to Go-Mama-Hosting, the usage of “you”, “your”, “they”, “them” shall
refer to client / customer of Go-Mama-Hosting.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order
either by means of electronic ordering (web order form)
or submitting a written contract, and receipt of such
order by Go-Mama-Hosting, that you are agreeing to our
TOS, AUP, and SLA. No Modifications of said contract by
customer is allowed.
2. Go-Mama-Hosting will provide, and
Customer will purchase and pay for, the Services, and
service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service,
and service fees have been communicated to the customer,
and that they are aware of all applicable charges as per
contract, AUP, SLA, and TOS. Customer also understands
that any promotional offers unless specified in contractual
terms will not be applicable to their individual service.
3. In connection with any Hosting Services,
if Customer’s actual bandwidth usage in any month exceeds
allotted amount, specified in Customer’s contract, Customer
will pay Go-Mama-Hosting any additional fees as specified
in the Service Description.
Payment: Establishment
of this service is contingent upon receipt of payment
from Customer to Go-Mama-Hosting . Subsequent payments
are due on the anniversary date of the month for that
month’s service. Any setup fees will be charged
full setup fee pricing, and are applied at time of initial
request of such services.
Payments and Fees: Payment
is due on the defined monthly recurring billing date of
each month. Service will be interrupted on accounts that
reach 3 days past due. A late fee of 20% of the monthly
hosting payment will be assessed for accounts if not received
within 3 days of due date. Service interrupted for nonpayment
is subject to the setup fee for that service for reconnection.
Accounts that are not collectable by Go-Mama-Hosting will
be turned over to an outside agency for collection. If
your account is turned over for collection, you agree
to pay the company a “Processing and Collection” Fee of
not less than Fifty($50.00) nor more than One Hundred,
Fifty($150.00)
Delinquent Accounts: Go-Mama-Hosting
may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such
termination or denial will not relieve Customer of responsibility
for the payment of all accrued service fees, or any collection
fees.
Account Cancellation: All
requests for canceling any service / services must be
made at least 30 days notice but not more than 60 days
prior. Notice of cancellations may be submitted here.
Submissions must include the ORIGINAL address used to
sign up for services (as a security precaution). Confirmation
Receipt of cancellation will be sent within 24 hours of
our normal cancellation department hours of 8AM to 5PM
EST Monday - Friday
Refunds and Disputes: All
billing disputes must be reported within 30 days of the
time the dispute occurred. Disputed charges to your credit
card issuer, also known as chargebacks or reversals through
PayPal, will be at Go-Mama-Hosting discretion which is
valid, under the terms and conditions of our SLA, AUP,
and TOS, will result in service interruption, and reconnection
fees to restore the desired service.
Special Scripting
Requirement: Shared hosting customers using the Cash
Crusader scripts must at all times adhere to any requirements
which may be listed in their CPanels for the use of these
scripts. These may include mandatory script settings for
the sendmail feature and runner url. Go-Mama Hosting reserves
the right to change these settings at our discretion if
we see that this requirement is not being met. If you
have questions regarding this policy, please email us
here.
Litigation and Legal Action:
Tthe client agrees that for purposes of venue
and jurisdiction the understanding regarding services
was entered into and performed in Linn Couny, OR, and
any dispute will be litigated or arbitrated in Linn County,
OR. Customer further waives all objections to venue or
jurisdiction and acknowledges that venue and jurisdiction
in any such litigation will be held in Linn County, OR
Courts.
Go-Mama-Hosting
- SLA
Hosting, Reseller and Dedicated services
are defined as servers and server space that is rented to
Clients. This service is to provide the clients with
knowledge and overview of the server. From time to
time security updates, patches, kernel upgrades, and System
Administration may be performed free of charge. In
addition to these services System Administrator may make
recommendations to improve the overall performance, security,
and updates to the service. At the sole discretion
of the System Administrator any installation, configuration,
or tuning of the server may be considered billable, and
you will be notified and requested to approve any additional
charges. Any Support not included with your dedicated
server, will be subject to a $75 an hour labor fee, billed
in 1 hour increments during office hours between 8:00am
5:00pm M-F (EST). Go-Mama-Hosting
reserves the right to perform maintenance, security checks,
or management without client initiating such request. Go-Mama-Hosting
does not take responsibility for the overall security
of servers.
Network Outages
or Unscheduled downtime is any unplanned or unscheduled
interruption in Service availability during which Client is unable to access the
services. A Network Outage is defined as a period in which 100% packet loss
to our network is experienced, which is determined to have been caused by a problem
within the network as confirmed by Go-Mama-Hosting. Downtime
or outages are measured as the total length of time of the unplanned interruption
in service availability in a calendar month.
Scheduled
Downtime is any Go-Mama-Hosting scheduled interruption
of Services, for the purpose of network upgrades, or replacement of any equipment
in order to provide for you better service. Scheduled downtime occurs during
notified downtime periods, with as much advance warning as possible via e-mail
and/or forum post.
Go-Mama-Hosting will refund the customer
200% of the value of the time of service (up to 100% of
your monthly fee) for network downtime. Network downtime
is measured from the time the network is 100% unreachable,
until service is once again restored. In order to request
a performance credit, you must E-mail
us within 10 days of reported violation. SLA violations
will be reviewed by our personnel Monday – Friday 8AM to
5PM EST.
*Network violation SLA
credit does not cover server hardware failure.*
· Performance Credit exclusions:
The
following are excluded from the monthly calculation of Service Availability:
- Scheduled downtime
- Problems outside
of Go-Mama-Hosting network (upstream providers, or client’s inbound connection)
not effecting 100% loss to our network
Interruptions
or failure of individual service caused by client, their employees, client’s customers,
etc. to their service. These include inaccurate configuration, 3rd party
software, client abuse or over utilization of resources, hacked servers, attacks,
exploits, or server hardware failures.
Server
Hardware for Dedicated, or CO-Located Servers:
Hardware
is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other
related hardware included for Dedicated Servers, and switches for CO-Located Servers,
unless client provides their own switch.
Hardware replacement will
occur within 12 hours of the reported problem, Go-Mama-Hosting
will refund 5% of the monthly fee per additional 6 hours
of down time (up to 100% of customer's monthly fee). In
order to reduce replacement hardware downtime, we keep
a small quantity of pre-built systems on hand to swap
out Hard disks, so that your server can be back up in
the shortest amount of time. For Hard disk failures, we
keep pre-installed drives with our standard partitioning
for immediate deployment, but Cpanel must always be loaded
after deployment (part of its validation process) and
so will slightly delay the process. In order to request
an SLA hardware violation credit, you must E-mail
us within 10 days of reported violation. SLA violations
will be reviewed by our personnel Monday - Friday 8AM
to 5PM EST.
*Hardware SLA violations do not cover network
violation*
· Performance Credit
exclusions: The following are excluded from the monthly calculation of Service
Availability:
- Interruptions or failure of individual service
caused by client, their employees, client’s customers, etc. to their service.
These include inaccurate configuration, 3rd party software, client abuse or over
utilization of resources, hacked servers, attacks, exploits, or server hardware
failures.
Replacement is defined as returning the server to original
configuration when it was purchased. If hardware failure causes corrupted Operating
System, Data Files, or Configuration of server, Go-Mama-Hosting
will restore the system to original state.
If the server is compromised
and a NEW OS and/or Cpanel reinstall must be performed for security reasons Go-Mama-Hosting
will charge a $75 fee to restore the system.
Go-Mama-Hosting
is not responsible for the restoration of data to server. We strongly recommend
that your purchase backup options for your server, and keep copies of your data
off-site with you for emergency purposes. If hardware failure and data loss occurs,
you the client are responsible for data restoration. Go-Mama-Hosting
shall not be liable for loss of data under any circumstance.