This Service Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by GopherHosting, (the "Services"). As used in this Agreement, "GopherHosting" means GopherHosting, and "Client", "you", or "your" means you. By clicking on the "Order" button (or by initiating payment via any links sent by email or other means), you acknowledge that you have read this Agreement, and you agree to its terms and conditions and all policies posted on the GopherHosting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "GopherHosting Site" refers to the Site located at the URL http://www.gopherhosting.com, or any other successor Sites owned or maintained by GopherHosting.com.

1. APPROPRIATE USE OF THE SERVICES.

Privacy:
We respect the privacy of our users. In no way will your information be sold to anyone, ever! We hate spam just as much as you do, and we would never jeopardize your rights.

Content:
All services provided to you by GopherHosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any GopherHosting.com server in connection with Client's use of the Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of GopherHosting or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate violate. The client agrees to indemnify and hold harmless GopherHosting from any claims resulting from the use of the service which damages the client or any other party. You agree that you will not send malicious e-mails which contain viruses or other computer programming defects which result in damage to GopherHosting.com or any third party. Note: Generally speaking, adult content is prohibited, but GopherHosting will allow sites on a case by case basis. Permission is obtained from GopherHosting via email and GopherHosting reserves the right to decline permission for any reason whatsoever.

Examples of non-acceptable content or links

• Pirated software (Warez, etc.)
• "Illegal MP3's"
• Hacker/cracker programs or archives or utilizing "hacked"/"cracked" programs (including javascripts, website applications, or any embedded website code which the site owner does not have a valid license for or to use).
• "Serialz"/"Appz"/"Gamez" or related info sites
• Music Videos, Movies (to include DIVX, AVI, MPEG, ASF), recorded TV/Shows, and anything you have cannot call your own (i.e. your own intellectual property)
• Child Pornography

GopherHosting will be the sole arbiter as to what constitutes a violation of this provision. To do this, GopherHosting, as administrators of their servers, can at any time, conduct an inventory of any and all files of any customer, where the files are stored on GopherHosting servers. This is to protect GopherHosting as well as GopherHosting's customers.

Unlimited Traffic/Hits & Server Resource Usage:
GopherHosting is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

• Sites with banners, graphics or cgi's running from their domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering large download archives, such as .zip, .tar, .ra and .GZ.
• Sites running large chat room gatherings.
• Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits (due to the amount of server resources your site needs), your account may be required to be upgraded, or, GopherHosting may move your site to a different server, to reduce the load on the server you are currently residing, at your expense. GopherHosting will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go "un-monitored" until you reach your account limit, then normal over-usage data transfer costs will apply. NOTE: Understand that the program we use to monitor bandwidth usage will suspend your account automatically when it reaches its bandwidth limit. Before your account can be reinstated, you must first pay for any overage charges. It is YOUR responsibility to monitor your bandwidth usage, NOT GopherHosting...what do we mean? It mean that we are not your "website babysitter". If you think you will need more bandwidth, contact us and we will work with you to insure your account is not suspended and continues to work without interruption.

Payment Obligations And Service Fees:

Payment is due 30 days from the day you initialize hosting, of each month. For instance, if you started your monthly hosting on the 7th of a month, 30 days later your next hosting fee will be debited. GopherHosting will debit Client's credit card (where such information is provided by Client) via our Credit Card processing provider: 2Checkout.com, PaySystems.com and/or PayPal.com. GopherHosting.com shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to GopherHosting.com. Certain services carry a set-up fee charged by GopherHosting.com to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with the agreement set forth on this page, Client shall be responsible for any outstanding fees owed to GopherHosting.com and agrees to pay any and all fees incurred. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 17th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded.

15 Day Money Back Guarantee:

Should you become unsatisfied with our services within the first 15 days of your account activation, GopherHosting will refund your main hosting fee. Any set-up fees or other charges for extra services will not be refunded. If you are receiving a free trial, the "guarantee period" is equal to 15 days minus the trial period. For example, if you receive a seven day free trial, your guarantee period after payment is eight days.

Recurring Billing:

We DO NOT send out invoices. All credit cards are billed automatically monthly, every 30 days (i.e. 30 day period). It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that a card is declined for any reason, you will receive an email and if a second email is sent out, we will suspend the web site and send an e-mail with instructions for submitting a new credit card. If a new credit card is not submitted within 72 hours the web site will be deleted without further warning. In any case of account reactivation due to non-payment, you will be charged a $10 processing fee.

Chat Rooms:
GopherHosting does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html/php based chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance and is not IRC based. We will inform you if this occurs and you will be required to cease the use of the script until other arrangements are made.

Backups
Client will have the ability to reinstate files which are automatically archived by GopherHosting; however, GopherHosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel. And although our servers are backed up, it is the Client's responsibility to maintain current backups at all times. By signing up for hosting with GopherHosting, client agrees to not hold GopherHosting liable for any loss of data. This is similar to the bandwidth clause...your site is YOUR responsibility, we are not "website babysitters". We will however do everything we can to keep your site up and running so that this will not be an issue.

Domain Names
GopherHosting currently is not a reseller of domain names and has no ability to register domain names other than using a third party service on behalf of the Client. If the Client wishes GopherHosting to register a domain for them, the charge will be $13.50 per year for .com, .net and .org TLDs (Top Level Domains).

Hosting an FTP only site:
Using GopherHosting services for anything other than an actual domain violates this agreement. Only registered domains through an actual domain name registrar will be hosted. Otherwise, we will terminate your account. An FTP only site will not be tolerated, nor will a site that only acts as file storage.

Cron Jobs:
GopherHosting does allow Cron Jobs to be conducted on our servers.

IRC:
GopherHosting currently does not allow IRC or IRC bots to be operated on our servers.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a GopherHosting server or using an email address that is maintained on a GopherHosting machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
GopherHosting will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptiable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST

Server Abuse:
Any attempts to undermine or cause harm to a GopherHosting server or customer of GopherHosting is strictly prohibited. GopherHosting will pursue legal action to the fullest extent for all abuse of the GopherHosting Network.

SSH/Telnet Access:
Currently, for security reasons, we do not allow SSH/Telnet sessions on any account. If you feel you have a specific need for this type of access, contact us for further information.

Term, Termination and ReInstatement:
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this agreement. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must submit an email and all cancellation requests must be received by the end of the respective month of cancellation. If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Twenty-Five Dollars ($25) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. GopherHosting will maintain an archival copy of Client's Web site for Seven (7) days after GopherHosting.com receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. GopherHosting reserves the right to remove any account without prior notice. If GopherHosting deactivates your account(s) for violating policy, you forfeit your rights to a refund and none will be given. No refunds for advance payments on de-activated accounts. Normal policy is a warning first, and account de-activation on the second offense. Serious offenses may result in immediate de-activation. Every attempt will be made to notify you afterwards, but we cannot be responsible for lack of contact if you have not kept a non-hosted domain e-mail address on file with us.

Limitation of Liability:
IN NO EVENT SHALL GOPHERHOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE GOPHERHOSTING SITE OR ANY GOPHERHOSTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.