Go-VPS-Go! agrees to furnish hosting services to the Customer subject to the following TOS and AUP. Use of Go-VPS-Go!'s services constitutes your acceptance and agreement to the TOS. All provisions of this contract are subject to the TOS and AUP.
By default this legal Agreement will be for an initial "term" of 1 month from the date the Service(s) are first provided by Go-VPS-Go!. Except when a service order between the client and Go-VPS-Go! is signed by both parties, in which the terms and conditions for a service term will apply.
This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide Go-VPS-Go! with written notice of termination at least three (3) days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as "Term"), whichever is then applicable. Termination notice is ONLY acceptable through our billing/support software - direct email WILL NOT count. To provide your notice of termination, you must submit a ticket to the Billing department via https://www.govpsgo.com/clientarea/ and fill out the corresponding cancellation form to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by Go-VPS-Go!.
Payments must be recieved by Go-VPS-Go! by the due date of the invoice. Any failure on our part to send invoices does not absolve you from the requirement to pay. Payment methods may be amended from time to time but include paypal, company check or money order. Any payment methods other than electronic payment such as paypal or credit card must be received prior to setup or the start of any new term and initial payment must be made for two (2) or more months.
Hardware & network will be functional except during maintenance window. Maintenance will be announced prior to service and also will be posted in our Announcement section. However, we cannot guarantee any emergency, out-of-ordinary, announcements. Our email system is hosted with a third-party vendor and will continue to function in case of emergencies where our billing/support system is out of service. We also utilize social networking platforms (i.e. Facebook, Twitter) in cases of emergency announcement.
Go-VPS-Go! offers basic, or also called "semi", Technical Support (management) to all its Customers. General technical support is limited to the core operations of Go-VPS-Go!. When basic managements are provided upon, it is not guaranteed work and we reserve the right to deny any and all requests at will. Go-VPS-Go! representatives are not required to provided assistance with third-party software that has been installed by the Customer or any third-party. Unless explicitly noted in the product SLA, the Customer is responsible for all management tasks and maintenance associated with their account. Go-VPS-Go! is not responsible for the actions of the Customer. Go-VPS-Go! is neither responsible for, nor required to correct any issues that may lead to downtime or malfunction that are a result of the Customer's actions or negligence.
This Agreement may be terminated: (i) by you Go-VPS-Go! during any Renewal Term, without cause, by giving the other party no less than three (3) calendar days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by Go-VPS-Go!; (ii) by Go-VPS-Go! in the event of nonpayment by you as provided in the section below or (iii) by Go-VPS-Go!, at any time, without notice, if, in Go-VPS-Go! sole judgment, you are in violation of any terms or conditions of the AUP.
If you terminate this Agreement, or if Go-VPS-Go! terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately and without setoff or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts including, but not limited to, bandwidth overage charges that you owe to Go-VPS-Go! under this Agreement. Go-VPS-Go! reserves the right to terminate your service for any actions that are prohibited in the Acceptable use policy or Terms of Service or for not payment.
Charges You will immediately pay, upon receiving an electronic invoice from Go-VPS-Go!, all charges for your use of the Services at the then current Go-VPS-Go! prices for that category of service or any special offer applicable to your account as determined by Go-VPS-Go!. Any non-paid invoice over 72 hours period will result in all services termination. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on Go-VPS-Go! net income. If you default on any of your obligations under this Agreement and Go-VPS-Go! must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney's fees of Go-VPS-Go!.
Your Order Form specifies either a capped-unmetered rate, or a bandwidth usage amount. This represents the amount of bandwidth that your account is provided, or are allowed to use for each calendar month. For burstable and bandwidth limited accounts, if you exceed this allotment for any reason in any calendar month, even if you have cancelled service with Go-VPS-Go! during the month, you will be charged overage bandwidth at a rate of $1.00 per 10 gigabyte. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages. If you are a reseller, it is your responsibility to monitor the bandwidth usage of your client(s) as you are solely responsible for any and all overages incurred by them.
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in their entirety in advance on the anniversary day of each successive month. You must pay for the Services by methods specified. You authorize Go-VPS-Go! to charge your credit or debit card to pay for any charges that may apply to your account. You have a specific obligation to immediately notify Go-VPS-Go! of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit Go-VPS-Go! from properly charging your account). Failure to immediately and fully pay your fees for Services and applicable taxes when invoiced by Go-VPS-Go! shall be a material breach of this Agreement, justifying Go-VPS-Go! to suspend its performance and terminate this Agreement. If Go-VPS-Go! terminates this Agreement for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, and any other amounts you owe to Go-VPS-Go! under this Agreement including, but not limited to, termination fees and bandwidth overage charges. You are responsible for any costs that Go-VPS-Go! incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.
Credit cards that are declined for any reason when Services are invoiced are subject to an additional processing fee. Service will be immediately suspended and interrupted on any account that is unpaid. Service interrupted for non-payment may subject to a $25 suspension charge. Accounts not paid by the due date are subject to a $5 late fee that accrues daily until paid in full. Accounts that are not collectable by Go-VPS-Go! may be turned over to an outside collection agency for collection. If you account is turned over for collection, you agree to pay the company an additional "Collection" fee of not less than $50 nor more than $150. If you desire to cancel the account, please follow the correct procedure to do this at https://www.govpsgo.com/clientarea/.
AS OF 20JUL2011 - Any PayPal payment made with "non confirmed" address (regardless of country) will be audited by our Billing department for manual approval.
We offer a seven (7) days money-back guarantee period on all hosting related services. At the customer's request, a full refund may be issued for hosting related services, excluding any non-refundable fees (see below). Refunds outside the Money-Back Guarantee period may be granted or denied at Go-VPS-Go!'s sole discretion. We do not honor ‘multiple' refunds. Customers may receive one (1), and only, refund for the lifetime of their account. Additional requests for refunds will be reviewed and may be granted or denied at Go-VPS-Go!'s sole discretion.
Go-VPS-Go! resells certain products and/or services that may be included and/or bundled with available products/services available on our website. Products or services including, but not limited to, software licenses, IP addresses, SMA services, and SSL certificates are considered "Value Added" products, and are included in the total product cost for customers convenience, and WILL NOT BE REFUNDED.
All overcharges or billing disputes must be reported within 30 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in Go-VPS-Go! sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Go-VPS-Go! an additional "Investigation Fee" of $150.00.
Failure to pay Go-VPS-Go! may temporarily deny/suspend service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, termination fees, including legal expenses.
Initiation of a formal complaint or chargeback for services from Go-VPS-Go! is a strict violation of this TOS. A "formal complaint" or "chargeback" shall be defined as initiation of any complaint, dispute, or chargeback with PayPal, 2CheckOut, your credit card issuer, and/or any accepted payment vendor. Upon receipt of a formal complaint or chargeback, Go-VPS-Go! will take immediate action against the offending account, including suspension or termination at our sole discretion. Furthermore, such a complaint or chargeback will result in deactivation of all services on your account whether you disputed one or all of the services on your account. Unrecovered Chargebacks will result in your account being sent to a debt collection agency within the jurisdiction of your area. You will be responsible for all debt collection fees as well as all owed fees to Go-VPS-Go! Internet Services.
INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS GO-VPS-GO!, GO-VPS-GO!'S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
LIMITATION OF LIABILITY: EXCEPT AS DESCRIBED IN THE SLA, GO-VPS-GO! SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. GO-VPS-GO! SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE LIABILITY OF GO-VPS-GO! AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
Arbitration: Any controversy or claim arising from service or related to this MSA or breach therein in excess of five hundred dollars ("$500") shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Legal Compliance: By accepting this MSA, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen ("18") years of age or older and are not otherwise legally incapacitated to execute this Agreement.
Electronic Signature: Acceptance by Customer of the MSA incorporating the TOS, AUP, SLA, and PA hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
You may not use Go-VPS-Go!' service/network to engage in, foster, or promote illegal, abusive, or irresponsible behaviour, including:
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Go-VPS-Go!' advance approval for any bulk e-mail, which will not be given unless you are able to demonstrate all of the following to Go-VPS-Go!' reasonable satisfaction:
These policies apply to messages sent using your Go-VPS-Go! service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your Go-VPS-Go! service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
Go-VPS-Go! may test and otherwise monitor your compliance with its requirements, and may block the transmission of e-mail that violates these provisions.
AS OF 1MAR2012 - Outbound SMTP is disabled. Please submit a support ticket with proper justification to enable SMTP outbound - we reserve the rights to deny your request.
AS OF 21APR2011 - All account services will be immediately suspended upon first verified SPAM complaint from either our upstream provider or any third parties.
You must take reasonable security precautions in light of your use of the Go-VPS-Go! services. You must protect the confidentiality of your password(s), and you should change your password(s) periodically.
A compromised server is potentially disruptive to Go-VPS-Go!' network and other customers. Therefore Go-VPS-Go! may take your server off line (suspension) if it is accessed or manipulated by third party without your consent.
You may not attempt to probe, scan, penetrate or test the vulnerability of a Go-VPS-Go! system or network or to breach Go-VPS-Go!' security or authentication measures, whether by passive or intrusive techniques, without Go-VPS-Go!' express written consent.
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access or participate in using your Go-VPS-Go! services.
You may not publish or transmit via Go-VPS-Go!' network and equipment any content or links to any content that Go-VPS-Go! reasonably believes:
You may not use Go-VPS-Go!' equipment or network to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:
Go-VPS-Go! may terminate the service of copyright infringers without any prior notice.
If you believe your copyright is being infringed by a person using the Go-VPS-Go! network, please send your written notice of copyright infringement to abuse@govpsgo.com.
Your notice must include the following: