goJava.net - Terms of Service

goJava.net provides web hosting based on java technology (Tomcat Hosting), regular LAMP hosting (Apache, PHP Hosting, Perl/CGI) and CVS, Subversion (SVN) hosting services. Use of goJava.net's service constitutes acceptance and agreement to goJava.net's Acceptable Use Policy (AUP) as well as goJava.net's Terms of Service (TOS).

From herewith in this "Terms of Service" (TOS), "Acceptable Use Policy" (AUP), and "Service Level Agreement" (SLA), the usage of "us", "we", "our", "ours" shall constitute reference to goJava.net, the usage of "you", "your", "they", "them" shall refer to customer of goJava.net. goJava.net reserves the right to suspend or even cancel a customer's access to any or all services provided by us when we determine that an account (or one of client's accounts) has been inappropriately used. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customer agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by goJava.net, that you are agreeing to our "Terms of Service" (TOS), "Acceptable Use Policy" (AUP), and "Service Level Agreement" (SLA). No modifications of said contract by client is allowed.

goJava.net will provide, and Client will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the client, and that they are aware of all applicable charges as per contract, "Terms of Service" (TOS), "Acceptable Use Policy" (AUP), and "Service Level Agreement" (SLA). Client also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. The "Terms of Service" (TOS), "Acceptable Use Policy" (AUP), and "Service Level Agreement" (SLA) may be changed from time to time at the discretion of the goJava.net. Customer understands that change to the "Terms of Service" (TOS), "Acceptable Use Policy" (AUP), and "Service Level Agreement" (SLA) by the goJava.net shall not be grounds for early contract termination or non-payment. goJava.net reserves the right to revise, amend, or modify "Terms of Service" (TOS), "Acceptable Use Policy" (AUP), and "Service Level Agreement" (SLA) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification can be posted in accordance with our Terms of Service (TOS).

The Acceptable Use Policy (AUP) specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the goJava.net may disclose any and all customer information including assigned IP numbers, account history, account use and hosting account logs, etc. to any law enforcement agent who makes a written request without further consent or notification to the client. In addition goJava.net shall have the right to terminate all service set forth in this agreement. Customer understands that client, are solely responsible for the content stored on and served by your goJava.net hosting or java hosting account. goJava.net reserves the right to verify clients content stored and served on customer's account.

All services, including java hosting, tomcat hosting and all related services that may come together with our java hosting packages, provided by goJava.net may be used for lawful purposes only. Transmission, storage, publishing, or presentation of any data, information or material in violation of any Canada and United States Federal, State or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. Client agrees to indemnify and hold harmless goJava.net from any claims resulting from the use of the service which damages the client or any other party.

Pornography and sex-related merchandising are prohibited on any goJava.net server. This includes websites that may infer sexual content, or even link to adult content elsewhere. This is also true for websites that promote any illegal activity or content that may be damaging to goJava.net servers or any other server on the internet. Links to such material are also prohibited. Client agree to NOT use the service to upload, email, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. goJava.net services may not be used to make fraudulent offers to buy or sell items, products or services, or to advance/engage any type of financial scam such as "pyramid scheme". This would also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Client agree that goJava.net in its sole discretion, may terminate your passwords, any or all accounts held by you (or any part thereof) or use of the service, and remove and discard any content within the service if you violate Terms of Service (TOS), Acceptable Use Policy (AUP) or Service Level Agreement (SLA).

Violation of Terms of Service (TOS), Acceptable Use Policy (AUP) or Service Level Agreement (SLA) could result in suspension or removal of your account depending upon the circumstances. During suspension no data or files are lost. Accounts found to be running a script or java process which is causing a very high CPU and server load or mail script being used to send spam messages (spam activity) will almost always be suspended without notice to prevent further damage. The scripts has to be removed in order for us to restore your service. Reports of spam are taken very seriously and usually resulting in immediate account suspension and investigation without notice. goJava.net reserve the right to suspend any or all accounts held by you without notice.

goJava.net services may not be used to transmit any unsolicited commercial or unsolicited bulk e-mail. Violation of this spam policy may result in severe penalties. Upon notification of an alleged violation of our spam policy, we will initiate an investigation. During the investigation, we may restrict client access to the network to prevent further violations. If a subscriber is found to be in violation of our spam policy, we may, at our sole discretion, restrict, suspend or terminate the client's account without further notice. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using goJava.net service to host web sites or services that support spammers or cause any of our IP space to be listed in any of the various spam databases will have their account immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection.

IN NO EVENT WILL GOJAVA.NET's LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO GOJAVA.NET HEREUNDER. IN NO EVENT WILL GOJAVA.NET BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL GOJAVA.NET BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO USE ALL GOJAVA.NET's SERVICES AT YOUR OWN RISK. IN NO EVEN SHALL GOJAVA.NET BE LIABLE FOR ANY LOSS OF FILES, EMAIL, OR DATA, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY. ALL SERVICES ARE PROVIDED AS IS. GOJAVA.NET RESERVES THE RIGHT TO MAKE CHANGES TO THE AGREEMENT OR TO ANY SERVICES OFFERED TO CLIENTS AT ANY TIME.


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