Service Agreement

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 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.

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.

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

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 and paypal payments at this time.

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 Gogax Portal.

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.

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. If Gogax is in need to terminate a customer's server for breach of the terms, this customer is still entitled to follow the 30 days notice of cancellation policy.

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 Customer 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 Gogax Portal.

Gogax does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Customer 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.

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 server hosted on its servers that is deemed inappropriate;

(II) 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;

(III) 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;

(IV) 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.