TERMS OF SERVICE
This document clearly outlines procedures and restrictions for all clients.
Last updated: September 8, 2021
The following terms and conditions govern all use of the GoWP website and all content, products, and services, available at or through the website (taken together, the “Website”). It also includes the customer support service (including reading and responding to support messages) provided to you and your customers (“the Services”).
Our Website and Services are intended for use by individuals 18 years or older. By using our site or services, you represent and warrant that you are at least 18 years of age.
You (“Client”) accept these Terms and agree to be bound by them if you visit or use the GoWP or related websites, use any of the Services, or otherwise indicate your affirmative acceptance of such Services. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GoWP, acceptance is expressly limited to these terms.
This Agreement also covers use of your Account, created when you sign up for GoWP Services.
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 Client for any reason not prohibited by law. Any deliberate attempt to cause damage to GoWP or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.
US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted, or prohibited persons including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
Modification or Changes to these Terms
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Intellectual Property and other Proprietary Rights
All trademarks, service marks and trade names of GoWP or its partners, vendors or licensors used herein (including, but not limited to, the “GoWP” or “Presston” names and logos) (collectively “Marks”) are trademarks or registered trademarks of GoWP or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without GoWP’s prior written consent. The use of the Marks on any other Website or network computer environment is not allowed.
All Services provided by GoWP may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization.
Examples of unacceptable content include, but are not limited to, the following:
- Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;
- Serial numbers and CD keys for commercially available software which you do not have the legal right to distribute;
- Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute;
- Child pornography, rape, or bestiality;
- Security circumvention software or archives;
- Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;
- Torrent files and trackers that facilitate the download of any materials included in this list;
- Any software that facilitates any activity prohibited in this policy.
GoWP will comply with all requirements of all Federal and State laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over GoWP or its business. You agree to indemnify and hold harmless GoWP from any claims resulting from such compliance or the use of Service.
Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a $100 clean-up fee if they are deemed to be unresponsive to our requests.
GoWP will be the sole arbiter as to what constitutes a violation of this provision.
We love hearing your feedback and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.
GoWP is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the GoWP network, by clients or any other users of the GoWP network (including the Client’s customers); AND/OR over ANY network – if the message sent advertises or mentions a site hosted on the GoWP network.
We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client 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 an email address or web site URL on GoWP’s network is prohibited. The use of GoWP’s network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee of $100 along with a potential fee of $50 per mailing/complaint if they are deemed to be unresponsive to our requests.
If you have any complaints or comments regarding spam on our network, please email: firstname.lastname@example.org
Note: GoWP explicitly reserves its right to act in accordance with this policy in all instances. However, we will generally not suspend an account due to a single violation. In general, we will first attempt to work with you to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand you may not have control of all your users/clients and we are more than happy to work with you as long as you are cooperative. We give all clients the right to defend themselves before accounts are permanently suspended or charged the specified clean-up fees.
GoWP prohibits the running of any specific IRCd, eggdrop, IRC related scripts, programs, or bots.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. GoWP investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, but are not limited to, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm);
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the client is not an intended recipient or logging into a server or account that the client is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping flooding, email-bombing, packet spoofing, IP spoofing and forged routing information;
- Executing any form of network activity that will intercept data not intended for the client’s server;
- Circumventing user authentication or security of any host, network or account;
- Interfering with or denying service to any user other than the client’s host (example: denial of service attack or distributed denial of service attack);
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable a user’s terminal session, via any means, locally or via the Internet.
Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of GoWP. The Client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue automatically and indefinitely until you cancel your account. As a policy, we do not offer credits or refunds for time already expended or on any company issued credit, such as a free month of maintenance or support. Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. GoWP considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.
We do not give refunds for full months unused and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current term in use. Additional features can be added at any time. GoWP reserves the right to change prices at any time, but will notify all clients before such changes take place.
All Clients will receive invoices at least 5 days before the due date and we will attempt to charge any credit card on file set as a default payment method automatically up to 7 days before the due date. After the due date, there is a 5 day grace period in which to fully pay the invoice, with an overdue notice being emailed every day. If payment is not made, or other adequate arrangement put in place, the account (including all paid services on the account) may be promptly shut down after the 5th day. The Client is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file.
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In doing so, GoWP will take all reasonable care to insure the work is completed in a professional manner with minimal interruptions to Services. In all instances GoWP’s liability will not exceed what is provided within this Agreement.
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is the Clients’ responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on GoWP’s part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of GoWP, GoWP will have no liability.
The customer is fully responsible for assuring that backups are kept. With dedicated servers, backup space is provided with all accounts, but it is the customer’s responsibility to activate that backup space and to backup their data.
GoWP and its subcontractors have strict Non-Compete clauses in place with our employees, former employees, dedicated developers, independent contractors, and consultants with which we work and may assist us in providing your contracted Services.
You agree that while using the Services during the Term and for 12 months after the termination of Services (for any reason), you shall not, and shall not assist any other party or entity to, directly or indirectly, recruit, solicit, or induce, other than by general advertisement not directed specifically to any other employees, former employees, dedicated developers, independent contractors, vendors, or consultants (collectively hereinafter “Person”) for employment or engagement as an independent contractor or employee any Person then or within the prior 12 months employed or engaged by GoWP or its Subcontractors, involved in any respect with the Services or the performance of this Agreement. In the event of a violation of this Section, you agree that GoWP is entitled to liquidated damages equal to the compensation paid by GoWP or its subcontractors to the applicable Person during the prior 12 months.
Dedicated Services Vacation Policy
GoWP has an untracked vacation policy for employees and contractors, subject to GoWP’s approval. If an employee schedules vacation time or any other planned absence, the employee and/or GoWP will notify the Client in writing so they can plan accordingly. GoWP will provide as much notice as reasonable under the circumstances. Credit will be provided if employee is absent for 3 days in ay month. If the employee is unavailable for 3 or more consecutive days, GoWP will attempt to place a replacement agent to provide the services. Substitutes must be approved in advance by the Client and may be accepted or rejected by the Client in the Client’s reasonable discretion.
You are solely responsible for maintaining insurance coverage for any claims which may arise under this Agreement and for which you may be legally liable. It is your responsibility to adequately insure yourself against business interruption, loss of business or other losses. GoWP shall not have responsibility to you for your failure to maintain sufficient insurance coverage. GoWP liability shall not exceed that which is set forth in this Agreement.
You may cancel at any time, unless otherwise stated in a written contract or agreement. To cancel your service, please email email@example.com or submit a cancellation through our billing portal. Notification of cancellation must be received at least one full week 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 client’s responsibility to secure email confirmation from GoWP that the service has been cancelled. If the Client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email.
If the Client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such a payment is made. Cancellation does not absolve Client of any outstanding financial obligations. GoWP reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 38% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.
GoWP may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
GoWP, its vendors, affiliates, and contractors, make no warranty that our Services will be error free or that your access will be continuous or uninterrupted.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OUR SERVICES ARE PROVIDED “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING COURSE OF PERFORMANCE, OR USAGE OF TRADE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOWP HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CLIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Limitation of Liability
THE LIMIT OF GOWP’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BY STATUTE, OR OTHERWISE TO CLIENT (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY CLIENT TO GOWP UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 2 MONTHS FROM THE DATE THE CLAIM AROSE, EVEN IF GOWP IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF CLIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section, GoWP’s liability will be limited to the maximum extent permitted.
IN NO EVENT WILL GOWP BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
You agree to indemnify, save and hold GoWP, its officers, employees, agents, contractors, and directors harmless from any and all third party demands, liabilities, losses, costs and claims, including reasonable attorney’s fees that may arise or result from your use of, misuse of, our Services or any product sold by GoWP, it’s agents, employees, or assigns, including but not limited to:
- Your violation of this Agreement or any agreement with a provider of third-party services used in connection with the Services;
- Any injury to person or property caused by any products sold or otherwise distributed in connection with a GoWP server;
- Any material supplied by the Client infringing or allegedly infringing on the intellectual or proprietary rights of a third party;
- Any defective products sold to the Client from a GoWP server;
- Any of your activities through your website; and
- Claims arising out of or related to GoWP’s negligence.
GoWP shall be the sole arbitrator of what violates this policy.
If you believe that material available on our website or through our Services, infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the party that made such material available by means of the most recent email address, if any, provided by such party to GoWP.
Your Infringement Notice will be forwarded to the party that made the material available and also may be sent to third parties such as ChillingEffects.org.
Before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use. You are required to give consideration to whether a use of material is fair before submitting a takedown notification. If you are not sure whether material infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing your copyrights.
Registered Agent Name: Brad Morrison
Southpoint Media, Inc. DBA GoWP
Address: 2035 Huntwick Ln, Roswell GA 30075
You must include the following:
- Identification of the copyright claimed to have been infringed;
- The location of the copyrighted work (i.e., where the original material is located on the Website, not the material about which you are submitting a complaint);
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit GoWP to find and positively identify that material; for example, a link to the specific webpage or blog post that contains the material and a description of which specific portion of the blog post or webpage – an image, a link, the text, etc. – your complaint refers to;
- Your contact information so we can contact you (name, address, telephone number and email address;
- A statement by you: (a) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner its agent or the law; (b) that all of the information contained in your Infringement Notice is accurate, (c) under penalty of perjury, that you are either the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed, and (d) you acknowledge that a copy of your infringement notice and any correspondence related to it, including any contact information that you provide (such as address, telephone number, and email address), will be forwarded to the party who made the material at issue available; and
- A physical or electronic signature of the copyright owner, or a person authorized to act on their behalf.
Reservation of Rights
GoWP reserves all rights not specifically granted herein.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, pandemic, war, declared or undeclared, terrorism, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, fire, flood, storm, earth slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will remain in full force and effect.
Choice of Laws
This Agreement will be governed and interpreted solely by the internal laws of the State of Georgia, without regard to: (a) its conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties hereby irrevocably and unconditionally consent to the personal and exclusive jurisdiction of the federal and state courts of Fulton County, Georgia.
This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties and supersedes all prior and contemporaneous, proposals, discussions, and writings between the parties with respect to its subject matter and may only be modified by a written amendment signed by an authorized GoWP executive, or by posting revised Terms of Service.