GoanWap Hosting

Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, pornographic content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by GOANWAP HOSTING to be unacceptable use of GOANWAP HOSTING services including abuse of server resources.

Adult Content, Gambling Sites and sites Selling or Advertising Targeted/Untargeted Traffic are NOT Allowed.

All Content Must Be Legal In India.

This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Termination
Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit GOANWAP HOSTING right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

In the event that GOANWAP HOSTING elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.

In the event that GOANWAP HOSTING elects to terminate Customer without cause, Customer shall receive a full refund of any pro-rated balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

GOANWAP HOSTING reserves the right to terminate any customer without prior notice and without assigning any reason.

All Customers acknowledge that Domain Registration Fees and/or Setup Fees, if any, are Not Refundable.

Liability
Customer agrees that GOANWAP HOSTING shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that GOANWAP HOSTING shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold GOANWAP HOSTING liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

GOANWAP HOSTING is not liable for customer site content backups on their shared hosting platforms. GOANWAP HOSTING has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

IN NO EVENT SHALL GOANWAP HOSTING LIABILITY EXCEED THE TOTAL VALUE PAID TO GOANWAP HOSTING BY CUSTOMER.

Representation and/or Warranties
GOANWAP HOSTING makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold GOANWAP HOSTING liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.

Client Content, Backups and Data Loss
GOANWAP HOSTING assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at GOANWAP HOSTING .

GOANWAP HOSTING assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.

Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on GOANWAP HOSTING Servers, or of any database maintained on any server operated by GOANWAP HOSTING in the event GOANWAP HOSTING is unable to restore customer content from tape backup.

AT NO TIME SHALL GOANWAP HOSTING ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

Account Security
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. GOANWAP HOSTING shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL GOANWAP HOSTING LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN GOANWAP HOSTING AND CUSTOMER.

GOANWAP HOSTING will use its best efforts to maintain the integrity and security of Customer's password.

Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall GOANWAP HOSTING be responsible for this cost.

Client shall pay ANY AND ALL transfer FEES on Domains that are transferred as FREE domain on selected hosting plans. GOANWAP HOSTING shall ONLY pay for the renewal on the domain and this DOES NOT include ANY AND ALL transfer fees.

Mail Services
GOANWAP HOSTING mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.

Web based e-mail is provided by GOANWAP HOSTING for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. Customers store their e-mail on GOANWAP HOSTING servers at their own risk. POP Mail services are not to be used to transfer system backups or disk images.

Bandwidth Usage
GOANWAP HOSTING reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding the allotted usage monitored by GOANWAP HOSTING will be given the option to pay for excess usage or will be given notice of suspension of service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.

The Following is Not Allowed On Our Servers
Sites with Banners, Graphics or CGI Scripts running from their domain used on other domains (example is a site running a Banner Exchange). High Yield Income Programs (HYIP) Sites, Web Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3, Windows Media).

Sites using more than 10% of system resources for longer than 15 seconds.

Web Space provided on GOANWAP HOSTING servers is NOT to be used for any kind of backups.

Adult Content
Adult-oriented sites are NOT allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group. Sites of such nature will be removed immediately and will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Legal Action
Customer agrees to indemnify and hold GOANWAP HOSTING harmless in any legal action which arises as a result of Customer's use of GOANWAP HOSTING services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

Changes to this Policy
WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF THE GOANWAP HOSTING RESOURCES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS MODIFIED BY THE POSTED CHANGES.

Headings
Headings in this Agreement are for convenience only and shall NOT be used to interpret or construe these provisions.

Entire Agreement
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify GOANWAP HOSTING via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

Renewal
Customer's failure to properly notify GOANWAP HOSTING of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. GOANWAP HOSTING current Terms and Conditions may be viewed at http://www.goanwap.org/toc.html

We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.

Spam/Bulk Email Policy
*** NOTICE CONCERNING MAILING LISTS, MASS MAILING, UNSOLICITED MAILINGS (SPAM)***

GOANWAP HOSTING STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY GOANWAP HOSTING , PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO GOANWAP HOSTING SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. GOANWAP HOSTING DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON GOANWAP HOSTING SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.

MAILING LISTS HOSTED ON GOANWAP HOSTING SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY GOANWAP HOSTING IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.

ONLY HOSTING ACCOUNTS THAT INCLUDE MAILING LISTS AS PART OF THE PACKAGE WILL BE ALLOWED TO OPERATE THEM.

I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY GOANWAP HOSTING OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY BULK MAILINGS.