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Terms of Service

The terms and conditions set forth herein constitute the full and complete agreement between you and Gosimpleweb. Your agreement to be bound by these terms is acknowledged by your use of the Gosimpleweb Site, Hosting Services, Support Services and/or any Gosimpleweb software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and Gosimpleweb whether oral, written or otherwise including any statements made by any representative of Gosimpleweb at any time.

1. Fees: Payment of Fees

1.1 Fees - Gosimpleweb charges the following fees where applicable. All such fees are subject to change with 30 days notice.

1.1.1 Service Fees - includes monthly web hosting fees and overusage charges (e.g. bandwidth, disk space, etc)

1.1.2 Domain Registration Fee (if not qualified for the FREE Registration Offer)

1.2 Gosimpleweb reserves the right to offer subsequent promotional rates, which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. Gosimpleweb also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

1.3 Gosimpleweb does not charge SET UP FEE for new web hosting accounts on existing hosting packages. In some instances Gosimpleweb may charge a setup fee for CUSTOMIZED hosting packages as well as it's periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order from Gosimpleweb, Gosimpleweb may also charge you for Domain Registration Fees if ordering additional domain names not eligible under Gosimpleweb's FREE Domain Registration offer and specifically reserves the right to institute additional charges upon notice to you. Gosimpleweb also reserves the right to alter, change, amend or delete charges at it's sole option. Gosimpleweb further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

1.4 Payment of Fees - Gosimpleweb accepts payment by Credit Card (Visa, MasterCard or American Express) or PayPal.

1.5 Payment by Credit Card

1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow Gosimpleweb to charge your provided credit card and at stated regular intervals the agreed service fee amount for the stated period together with any Gosimpleweb set-up charges, registration fees, overusage fees, and/or any other charges outlined herein as may be applicable. You further authorize Gosimpleweb to charge your credit card for all subsequent period fees at, or a reasonable period (normally 5 days before last day of the month) in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card information with Gosimpleweb for the purpose of satisfying the Gosimpleweb charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Gosimpleweb under Paragraph 8 herein. All account cancellation and/or change requests must be received by Gosimpleweb 5 days before last day of the month and/or scheduled billing for the billing period. Whereas account cancellation and/or change request is not received as contained above such request is will not be honored for the billing period and will not prevent your account from renewing accordingly and your credit card from being charged.

1.6 Payment by PayPal/Check

1.6.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States. Gosimpleweb is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by Gosimpleweb. Invoices will be submitted to you as a courtesy only. Payment for subsequent fees is due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by Gosimpleweb. An administrative fee of $25.00 will be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of Gosimpleweb under Paragraph 8 herein. All account cancellation and/or change requests must be received by Gosimpleweb 5 days before last day of the month and/or scheduled billing for the billing period. Whereas account cancellation and/or change request is not received as contained above such request is will not be honored for the billing period and will not prevent your account from renewing accordingly.

1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to Gosimpleweb a sufficient time before the expiration of the current service period so that it reaches Gosimpleweb in advance of the renewal date.

1.7 Each of Gosimpleweb's shared hosting packages carries a 30 days money back guarantee. Domain name registrations, Virtual Dedicated Server (aka Virtual Private Server), SSL Certificates, and dedicated servers orders do not qualify for the 30 days money back guarantee. If you are not completely satisfied with our shared web hosting services within the first 30 days of usage, you will be given a full refund of the monthly fees excluding setup fees (where applicable), add-ons, overages, domain name registration, ssl certificate, virtuan dedicated server (aka virtual private server), or dedicated server fees. Setup fee will be retroactively charged if waived or discounted in the original charge. Setup fees are only refundable if the account order is canceled prior to activation. In order to receive a refund you must contact Gosimpleweb within the first 30 days following your account activation. No refunds will be given after the 30th day. No refunds will be given for accounts cancelled because of violating Gosimpleweb's Terms of Service.

1.8 Account cancellations is immediate and executed within 24 hours. Gosimpleweb does not recognize scheduled and future date account cancellation requests - you hereby agree that you must request cancellation at the exact time you want to cancel (no later than 5 days before the end of the month). You also agree to not demand/request future cancellation dates and understand that such demand/request will not be recognized by Gosimpleweb.

2. Web Hosting Services

For the term of the agreement as set forth herein Gosimpleweb agrees to provide web hosting services according the plan selected by you upon activation of your account. Gosimpleweb reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you.

3. Domain Registration Services

Gosimpleweb's FREE Domain Name Registration offer is only available to new hosting accounts and the domain name in question MUST be for the said hosting account. If you decide to change your domain name on account and the said domain name is registered under this free offer, you agree to pay Gosimpleweb a $14.95 administrative fee. The offer is only valid when placing a new order as such requests to utilize the offer after order placement and/or processing will not be honored. This offer is only eligible for .com, .net, .info, .us, and .org domain name registrations. As long as you host with Gosimpleweb the domain name in question will be continually renewed by Gosimpleweb. In event you choose to leave Gosimpleweb, you must request in writing to support@Gosimpleweb.com for transfer of the domain name. You must initiate such transfer with an ICANN accredited domain registrar. If you're leaving Gosimpleweb after 1 year of hosting, Gosimpleweb will approve the transfer with no additional cost. However, if leaving Gosimpleweb under a year of hosting, Gosimpleweb will charge you account $14.95 administration fee. If Gosimpleweb registers a domain name for your hosting account in the 30 days money back guarantee period and you choose to leave Gosimpleweb within the 30 DAYS, you hereby consent to understanding that a fee of $19.95 will be charged to your account for the domain registration, and must paid before the said domain name can authorized for transfer to you. At Customer's request, Gosimpleweb may also acquire a Top-Level Domain Name ("Domain Name"), on behalf of Customer. Gosimpleweb will not own or otherwise control any domain name registered on your behalf under this paragraph. Gosimpleweb provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Gosimpleweb for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Gosimpleweb to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Gosimpleweb under the provision therefore elsewhere herein.

4. Acceptable Use

Gosimpleweb strictly enforces compliance with its acceptable use terms under this paragraph (4) four. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein.

4.1 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.

4.2 You agree not to cause any harm to minors of any kind or to perform any activity, which is likely to cause such harm.

4.3 You agree not to take any action, which encourages or consists of any threat of harm of any kind to any person or property

4.4 You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be "spamming" or "Mail Bombing"

4.5 You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.

4.6 You agree not to make or attempt any unauthorized access to any Gosimpleweb website or the website of any Gosimpleweb customer.

4.7 You agree not to infringe 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.

4.8 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.

4.9 You agree not to undertake any action, which is harmful or potentially harmful to the Gosimpleweb server structure.

4.10 You agree not to sublease your account, www.yourcompany.com/client, or offer free space to other clients. Our web plans are for single users only.

4.11 You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website.

4.12 You agree not to run any background and/or listening processes. You also agree not to engage in any activity (through your code, processes, jobs, etc) that will affect the server and/or customer accounts on the said server.

5. License:

Gosimpleweb pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the Gosimpleweb Web Hosting Service for the term of the agreement as set forth herein.

6. Ownership of Intellectual Property; Confidentiality

6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Gosimpleweb including but not limited to the Gosimpleweb customer service and maintenance tools. You acknowledge that all right and title to any such Gosimpleweb intellectual property shall remain the sole property of Gosimpleweb and that you have no right, title or interest therein. You further agree not to provide access to the Gosimpleweb services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Gosimpleweb Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Gosimpleweb service shall also remain the sole property or Gosimpleweb.

6.2 During the term of this agreement you may have access to certain information and materials relating to the Gosimpleweb business, customers, software technology and marketing which Gosimpleweb treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Gosimpleweb; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

7. Term:

The initial term of this agreement shall be the billing cycle you selected during sign up with automatic renewal for subsequent billing cycle after the expiration of the initial term. You hereby agree that you must notify Gosimpleweb of your intention to cancel your account 5 days before the last day of the month in which your account is scheduled for expiration to prevent automatic renewal. Gosimpleweb reserves the right to accept pre-payment of renewal periods and may from time to time offers financial incentives for such pre-payment. The term of the agreement, however, shall remain billing cycle period you selected during sign up.

8. Suspension and Termination:

8.1 Suspension - At the sole option of Gosimpleweb for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy) Gosimpleweb may suspend your account by deactivating any access by you or by web users to any information contained on the Gosimpleweb servers related to your account while maintaining the information and data related to your account upon the Gosimpleweb servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

8.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Gosimpleweb servers. Such information or data may or may not be made available to you by Gosimpleweb after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 30 days notice in advance of a renewal period for any reason.

8.3 In the event of termination under paragraph 8.2(a) and/or 8.2(b) there will be no refund provided to you. In addition, Gosimpleweb may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not effect the rights of Gosimpleweb to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or other costs of any kind as may be applicable under California Law

9. Notice:

9.1 Any notice under this agreement shall be given by Gosimpleweb to you via email at the address provided by you to Gosimpleweb at the commencement of this agreement or as Gosimpleweb is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at this page.

9.2 Any notice by you to Gosimpleweb shall be made by email to a customer service representative at support@Gosimpleweb.com during Gosimpleweb regular business hours of 9:00 a.m. to 5:00 p.m. EST. Such notice may also be sent via mail to the following Address:

Gosimpleweb

30697 Long point Drive

Canyon Lake

CA 92587

10. Survival

Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

11. Warrantees and Limitations

11.1 Gosimpleweb makes every reasonable effort to maintain operation of the Gosimpleweb service however because as many events and circumstances are beyond the control of Gosimpleweb, Gosimpleweb does not in any way warrant or otherwise guarantee the availability of the Gosimpleweb system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Gosimpleweb.

11.2 THE GOSIMPLEWEB SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

11.3 In general, Gosimpleweb has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Gosimpleweb accepts no responsibility for any information, which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Gosimpleweb provides no warrantee for any goods or services, which you obtain over neither the Internet nor the compatibility of any such services with the Gosimpleweb system.

11.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO GOSIMPLEWEB IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL DAILYRAZOR BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

12. Indemnity

12.1 You agree to fully defend and indemnify and hold harmless Gosimpleweb of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Gosimpleweb in any way related to your use of the Gosimpleweb service or any portion thereof.

12.2 You agree to fully defend and indemnify and hold harmless Gosimpleweb of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Gosimpleweb service or any portion thereof. Choice of counsel remains exclusively that of GOSIMPLEWEB

12.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Gosimpleweb of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Gosimpleweb.

13. Force Majeure

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

14. Assignment

This agreement and the rights hereunder is not assignable or transferable except that Gosimpleweb may assign it's rights hereunder to any person or entity who shall become a principal owner, or shareholder of Gosimpleweb. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

15. Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

16. Choice of Law

This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venue in the Superior Court of the State of California, County of Riverside. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

17. No Agency

Notwithstanding any other provision of this agreement, Gosimpleweb is not your agent, partner or joint venture in any respect.

18. Amendment

Gosimpleweb may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Gosimpleweb web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts

19. Miscellaneous

19.1 Gosimpleweb will take action against any parties found in violation of this Terms of Service. Gosimpleweb reserves the right to terminate service at any time and without warning when a violation of our Terms of Service has occurred.

Any complaints regarding prohibited use or other abuse of the Gosimpleweb's services, including violations of this Acceptable Usage Policy, should be sent via e-mail to Gosimpleweb at: abuse@Gosimpleweb.com. Include all applicable information that will assist Gosimpleweb in investigating the complaint, including all applicable header lines of forwarded messages, traces, and logs.