This Agreement explains the terms and conditions governing your use of the services made available to you by Gogax, hereinafter called "Gogax" or "We". It represents the whole agreement and understanding between Gogax and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".

Please read this agreement completely. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement.

Gogax provides free web hosting and email services to all Members who registers to Gogax's services.

Free web hosting includes the use of 300 megabytes (MB) of storage space on our web server and 1GB of monthly data transfer limit; email services include up to 10 email accounts each with 5MB of email storage. Detailed service features can be found under our "Free Hosting" link.

Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.

All Gogax hosting accounts point to a default web page by default when activated. This page informs visitors that the Member has recently setup their account with Gogax. The default web page may be removed by the Member at any time once they have access to the web server. The default web page may include such things as, without limitation, links to additional products and services offered by Gogax, advertisements for products and services offered by third-parties.

All page error requests direct traffic to a default Gogax error page. This page informs visitors that the page they are looking for cannot be found and it may include such things as, without limitation, links to additional products and services offered by Gogax, advertisements for products and services offered by third-parties.

Customers are free to change any part of their web space and services with gogax. Customers can use all the features included with their gogax account.

Gogax offers dedicated servers to its end users. Customers may feel free to use their dedicated as they wish as long as this service agreement is respected in terms of allowed content on the servers. Customers can also request upgrades and addons to their dedicated server after the initial purchase was made.

Customers renting a dedicated server means they are renting their own physical server. The whole server is dedicated to the customer and ROOT/ADMIN access is provided to the customer. The customer has full control over the server and can access it with full privileges.

Customers renting a VDS has all the same privileges as a full dedicated server with the exception that a VDS customer is sharing one physical server with other customers. VDS customers get an exact portion of the CPU, RAM and Hard Drive space on a shared VDS physical server with other customers. The features are fully dedicated to the customer and another customer cannot use those resources as the system isolates every customer within its VDS resources.

Gogax's free email service provides you with the capability to send and receive email via the Internet. The service includes the ability to use up to 10 email accounts each with 5MB of email storage space. Gogax retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.

As owner and/or operator of the equipment and other resources utilized to provide services, Gogax has the legal right to block electronic communications from other entities on the Internet.

Gogax relies on the support of its sponsors and advertisers to help offset the cost of Services offered to Members. You acknowledge that as part of your Gogax service, advertisement sponsored email newsletters may be sent to Members and Gogax email service email accounts.

Gogax offers Domain Registration services for the members who do not own a domain and wish to purchase one. Gogax is not to be held responsible for any domain disputes, refunds or discrepancies which may have occured during the registration of the domain name.

Gogax offers domain registration and renewal services in partnership with ICANN accredited registrar Tucows. Gogax processes registration and renewal services through these respective registrars at its discretion.

Members who have purchased domain name registrations from other service providers may receive Gogax Services, without any term restriction.

There are NO transfer fees for using your domain name with the Gogax Service. However, if a member wishes to transfer his domain registration over to Gogax registrar, there will be a fee equal to one year's worth of domain renewal. This extends the domain registration period for one year.

All Gogax fees and charges are quoted and billed in US dollars unless otherwise noted.

Due to limitations of American Express Canada, Members using the American Express card for payment will be charged the Canadian dollar equivalent of the US total calculated at the Exchange Rate regardless of their selected billing currency.

Domain registration services provided to Canadian Members (where a Canadian Member address is listed) are subject to GST (Goods and Services Tax). Domain registration services provided to QC Members (where a QC Member address is listed) are also subject to PST (Provincial Sales Tax). .CA domain name registrations and renewals are subject to GST.

Service Fees are due at the time of order or on the day of renewal. All fees must be paid in full.

If payment cannot be processed for new domain registration, Members will have the opportunity to update payment information. The request will be declined if payment cannot be successfully processed in 72 hours.

Gogax reserves the right to modify service fees and rates effective upon posting on the Gogax website and/or on this Agreement.

Gogax uses an automated payment processing system and only accepts credit card payment at this time. All Members are required to provide Gogax with valid a credit card number for processing if they have chose to register a domain name.

Gogax may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Invoices for all Gogax services can be found in the Online Control Panel.

Billing inquiries and disputes should be brought to Gogax attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate.

Furthermore, if chargeback or charge dispute notices are received for a domain registration fee or domain renewal fee payment, Gogax retains the right to take over the ownership of the corresponding domain name until the chargeback or dispute issue has been resolved.

You may request to cancel your Gogax free hosting account at any time without any fees or obligations. Domain registrations purchased through Gogax cannot be cancelled. Domains will remain active until the end of the registration term.

Cancellations for shared hosting services can be requested at any time. No partial refunds are provided for shared hosting cancellations.

Cancellations for dedicated servers require a 30 days notice of cancellation. Therefore, every server disconnection occurs 30 days after the customer has sent in his server cancellation. Customer is responsible for last billing cycle which occurs during the 30 days notice.

Domain names which have opted in to the automatic domain renewal service will be automatically renewed for the minimum term available for that domain type at the normal renewal rate five (5) days prior to domain registration expiry date. You will be solely responsible for all renewal costs and for any other costs in doing so.

Your Service may be terminated by Gogax under the following circumstances (non-exclusive list):

• fees non-payment over 30 days from due date
• you are in breach of any term or condition of this Agreement
• your use of the Service disrupts Gogax business operations or affects any other party
  

In such termination(s) all Member Services are removed from Gogax servers including data contents.

When you apply to use Gogax services, you will be asked to select a username and password. The usename and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the username and password you select from any unauthorized use. Gogax will not be liable for the misuse of your username or password.

You are responsible for maintaining accurate account information at all times including credit card and contact information. Such information can be updated in the Online Control Panel.

Gogax does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the Gogax network or promoting information on websites hosted by Gogax will be considered in breach of this Agreement and Suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian and US laws and laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.

The following is a non-exclusive list of content and behavior prohibited by the Service:

• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
• Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Gogax account will result in immediate account suspension.
• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
• Content or otherwise that exploits children under 18 years of age.
• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
• Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Gogax service, solution or technology.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

Gogax reserves the right and sole discretion to:

(I) Censor any website hosted on its servers that is deemed inappropriate;

(II) Review any accout for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;

(III) Terminate an account for non-payment of Domain Registration fees or providing fraudulent account information or fraudulent payment information;

(IV) Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Gogax or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;

(V) Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar distructive activities; and other activities whether lawful or unlawful that Gogax determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;

(VI) Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical resons or to maintain network equiment or facilities.

The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. Gogax makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Gogax is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Gogax.

For greater certainty and without limitation to the generality of the following:

(I) in no event will Gogax be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;

(II) Gogax, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;

(III) in no event shall Gogax be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

You agree to indemnify and hold Gogax harmless from and against, and to reimburse Gogax with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Gogax by reason of or arising out of or in connection with:
(I) any breach of this Agreement by you or;
(II) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
(III) illegal or discriminatory content on your website.

Gogax will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, terrorism, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the province of Quebec and the federal laws of Canada.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Quebec for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Gogax does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

These Terms and Conditions may be updated from time to time and posted at, http://www.gogax.com/agreement. They represent the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.