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Terms of Service

The use of services from HostGoodies Nig, a member of A-One GlobalSoft Technologies Nig Ltd, [hereafter referred to as "HostGoodies"] constitutes agreement to these terms. All Customers of HostGoodies's services are subject to the terms and conditions contained in this User Agreement. This User Agreement is a legal contract between HostGoodies and the User that contains the rights, duties and obligations of HostGoodies and the User.

Account Holder Disputes:
HostGoodies is only responsible to the present owner of the Web hosting space. HostGoodies will only accept and process changes to a Customer Account, including the issue and/or re-issue of passwords, from the party that originally setup the Customer Account and can demonstrate to HostGoodies satisfaction that they are the rightful Account Holder. HostGoodies will not divulge or change passwords to any account without proof of identification, which is satisfactory to HostGoodies, which may include written authorization with signature.

Under no circumstances will HostGoodies be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless HostGoodies from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

Account Setup and Changes

a) Domain Names: If HostGoodies shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against HostGoodies any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by HostGoodies for any reason. HostGoodies may identify itself at the time of registration or at a later date as one of the Domain Name contacts in order to administrate the Domain Name.

i) Registration: It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered.

ii) Changes: There is a fee (full cost of the domain name) for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes.

Payment, Fees and Refunds Policies

a) Payment: Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. For international customers, if you are sending a check/money order the amount must be drawn in US dollars.

b) Taxes and Other Payments: All prices and fees payable to HostGoodies Nig Ltd hereunder are exclusive of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes now in force or enacted in the future, and therefore, prices are subject to an increase equal in amount to any tax HostGoodies may be required to collect or pay upon the sale or delivery of such services. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from such tax liability, Customer will obtain and pursue such certificate, document or proceeding prior to Service activation.

c) Billing and Invoicing: All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. You must notify HostGoodies within 60 days of receipt of the payment due notice if you have a dispute with the amount due. If your web site has an overdue balance, HostGoodies automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by clicking "billing history" in your account's control panel. Billing will continue until you cancel your hosting account. HostGoodies reserves the right to change prices at any time.

d) Refunds: Domain registration, one time upgrade and maintenance fees and setup fees are nonrefundable. We do not refund partial-recurring fees. HostGoodies will only allow for the refund if cancellation is not the fault of the client, as determined by HostGoodies. Accounts closed for violating HostGoodies policies do not qualify for a refund. HostGoodies refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as well as Reseller programs. Because it is not possible to return a Miva license that you may have received, your refund amount will be reduced by the amount you were charged for the Miva license. Resellers' refund will be reduced by cost of the domain name. Please allow at least 1-4 weeks for refunds of check, online payment or bank deposit.

e)30-Day Money Back Guarantee: Every hosting account with HostGoodies features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us, we will refund all routine account fees, exclusive of any set up, one time upgrade and maintenance fees, overage charges or domain names fees. If your plan includes a free domain name and you cancel within the first 30 days, a fee for the domain will be deducted from your refund. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. Cancellations over the telephone and informal email are not accepted. The 30 day money back guarantee does not apply to reseller accounts, or any fees associated with these accounts. Accounts cancelled/terminated by HostGoodies for violating HostGoodies policies do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

f) Cancellation: You may cancel at anytime. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HostGoodies of cancellation. Accounts closed after 30 days do not qualify for refund of any pre-paid fees such as multi-year plans. Domain registration fees, one time upgrade and maintenance fees and setup fees are non refundable. To cancel your account, please notify us by submitting a support ticket. To cancel a product or service, Login to your Client Area, and click on the product. Then click on "Request Cancellation" under the product management action menu. Phone requests and email will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from HostGoodies that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All HostGoodies accounts must be paid in full before the cancellation will be considered complete. Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify HostGoodies to formally cancel your account and avoid further charges.

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Term, Termination, and Cancellation

HostGoodies has the right to suspend or terminate any service without prior notice or warning for any reason at any time. If the terms and conditions or the general usage policies are violated in any way we reserve the right to immediately terminate the service without prior warning or notice and no refunds are issued for such terminated services.

a) The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, typically the order date. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL YOU FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

b) This Agreement may be terminated or cancelled;

i) If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and you cancel within the first 30 days, a fee for the domain will be deducted from your refund. The thirty (30) day money-back guarantee is valid for any means of payment.

ii) by HostGoodies in the event of nonpayment by User,

iii) by HostGoodies, at any time, without notice, if, in HostGoodies' sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, or User's use of the Services disrupts or, in HostGoodies' sole and absolute discretion and/or judgment, could disrupt, HostGoodies' business operations and/or

iv) by HostGoodies as provided herein.

c) If You cancel this Agreement, upon proper notice to HostGoodies, prior to the end of the Initial Term or any Term thereafter,

i) You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;

ii) Any cancellation request shall be effective thirty (30) days after receipt by HostGoodies, unless a later date is specified in such request.

d) HostGoodies may terminate this Agreement, without penalty,

i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or

ii) immediately, if HostGoodies determines that User's use of the Services, the Web site or the User Content violates any HostGoodies term of service, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If HostGoodies cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, HostGoodies shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge you 100% of all charges for all Services for each year remaining in the Term and HostGoodies shall have the right to charge You an administrative fee of a minimum of 1000.00 Naira.

Website Content Policy:

All Services provided by HostGoodies 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, and Nigerian Law or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless HostGoodies from any claims resulting from the use of the Service which damages the subscriber or any other party.

Pornography is prohibited on all HostGoodies servers. This includes sites that may infer sexual content, or links to adult content elsewhere. HostGoodies will be the sole arbiter in determining violations of this provision.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble-ticket /email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Resellers: we will suspend the site in question and will notify you so that you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other HostGoodies customers. You will be notified about offending cgi script that has been disabled. No chat room or similar scripts allowed.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to HostGoodies servers or any other server on the Internet. Links to such materials are also prohibited.

HostGoodies will be the sole arbiter as to what constitutes a violation of website content restrictions.

Examples of unacceptable material on all Shared and Reseller servers include:

Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Zero-Tolerance SPAM Policy
HostGoodies is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the HostGoodies, by customers or any other users of the HostGoodies network (including customers' customers); and/or over ANY network- if the message sent advertises or mentions a site hosted on the HostGoodies server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a HostGoodies email address or web site URL is prohibited. The use of HostGoodies servers as a mail drop for responses to activities described above is also prohibited.
Excessive Service Usage
Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other resources provided by HostGoodies. Judgments of excessive usage are determined solely by HostGoodies and will be considered in comparison to other HostGoodies customers using similar services and paying HostGoodies similar rates. HostGoodies may contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both HostGoodies and the customer, and that the customer continues to use excessive resources, HostGoodies reserves the right to immediately terminate any customer account associated with excessive resource usage. Accounts or services involved in excessive resource usage may be suspended or terminated immediately by HostGoodies without prior notice. Examples of excessive resource use abuse: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes when using PHP include functions for including a local file; include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
Bandwidth/Transfer/Traffic Usage

HostGoodies allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. HostGoodies customers are discouraged from storing any files that cause excessive traffic on HostGoodies servers. Please contact HostGoodies web hosting technical support team for more information. Again, 99% of the sites do not fall into this category and never reach HostGoodies traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

You will be charged for transfer that you use beyond the defined data transfer limits without prior notification. You can setup your account to notify you via email when you are nearing your data transfer limit. Just click on "Account Management" and setup the notification. You can monitor your monthly transfer that you have used in the "Resource Meter" area of your control panel and you can add more transfer to your account at any time by clicking on "Upgrade CP" in your control panel. Just upgrade to a higher plan. If you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages. If your web site has used all the bandwidth transfer that you have purchased, HostGoodies system will suspend your account until you contact us to purchase additional bandwidth transfer.

Resellers
Resellers provide billing to their end customers. HostGoodies bills the Reseller for the reseller’s plans, domain and other add-on items used by the end customers. Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly. The Reseller’s customers are given a limited amount of transfer and if we feel that one of your customers is using up more transfer than allocated or is taking up too much of the CPU usage then we will need to pass some of the extra cost on to the reseller. You will need to put that in your terms and conditions for the hosting. Reseller agrees that they or their customers can not hold HostGoodies responsible for services that reseller offers. Reseller’s customers must abide by the same terms and conditions as reseller. If Reseller abuses HostGoodies services, we reserve the right to cancel your account, which will also cancel reseller’s customers accounts.
Data Backups and Data Loss
Full backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content or any other information. If loss of data occurs due to an error of HostGoodies, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, HostGoodies will attempt to recover the data from the most recent archive for a non-refundable $50.00 fee.
Uptime Guarantee
Problems elsewhere on the internet may prohibit you from viewing your account. HostGoodies is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas HostGoodies controls such as servers, routers, and switches. Please refer to The Internet Traffic Report, which monitors the flow of data around the world, for more information on any problems elsewhere on the Internet which may exist: http://www.internettrafficreport.com/details.htm
Limitation of Warranty and Liability, Indemnification Policy:

You agree to use all HostGoodies services and facilities at your own risk. HostGoodies specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HostGoodies be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD HostGoodies HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY HostGoodies. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HostGoodies HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HostGoodies, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS.

CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HostGoodies AGAINST LIABILITIES ARISING OUT OF:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostGoodies' server;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement and

(4) any defective products sold to customer from HostGoodies' server.

Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on HostGoodies' servers nor the links to other websites are screened, approved, reviewed or endorsed by HostGoodies. HostGoodies is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not HostGoodies's statements of advice, opinion or information.
Disputes and Arbitration

a) Jurisdiction and Venue: The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Florida (without regard to conflicts of laws principles).

a) Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, if HostGoodies shall be the prevailing party, HostGoodies shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

a) Waiver of Jury Trial : By using any HostGoodies services, you agree to submit to binding arbitration. If any disputes or claims arise against HostGoodies or its subsidiaries, such disputes will be handled by an arbitrator of HostGoodies' choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. You and HostGoodies each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings.

Changes to these Terms
HostGoodies reserves the right to revise its policies at any time without notice.