Click and Go Hosting Terms of Service

The terms and conditions set forth herein constitute the full and complete agreement between you and Clinton Curnutt, (doing business as and hereinafter referred to as “Click and Go Hosting”). Your agreement to be bound by these terms is acknowledged by your use of the Click and Go Hosting Web Site, Hosting Services, Support Services and/or any Click and Go Hosting software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and Click and Go Hosting whether oral, written or otherwise including any statements made by any representative of Click and Go Hosting at any time.

1 FEES; PAYMENT OF FEES

1.1 Fees - Click and Go Hosting charges the following fees where applicable. All such fees are subject to change with 30 days notice.

1.1.1 Service Fee

1.1.2 Domain Registration Fee

1.2 Click and Go Hosting reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. Click and Go Hosting also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

1.3 According to the services you order from Click and Go Hosting, Click and Go Hosting may also charge you for Domain Registration Fees and specifically reserves the right to institute additional charges upon notice to you. Click and Go Hosting also reserves the right to alter, change, amend or delete charges at it’s sole option. Click and Go Hosting further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

1.4 Payment of Fees - Click and Go Hosting accepts payment by Credit Card (Visa, MasterCard) and PayPal (Visa, MasterCard, Discover, American Express, eCheck).

1.5 Payment by Credit Card

1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow Click and Go Hosting to charge your provided credit card and at stated regular intervals the agreed service fee amount for the stated period together with any Click and Go Hosting registration fees or any other charges outlined herein as may be applicable. You further authorize Click and Go Hosting to charge your credit card for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card information with Click and Go Hosting for the purpose of satisfying the Click and Go Hosting charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Click and Go Hosting under Paragraph 8 herein.

1.6 Payment by PayPal

1.6.1 Prior to activation of your user account you agree to submit an electronic payment via PayPal. Click and Go Hosting is under no obligation to initiate service until the proceeds of such payment have been cleared by such financial institution and have been received by Click and Go Hosting. Invoices will be submitted to you as a courtesy only. Payment for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. In addition, refusal, rejection or return of any such electronic payment for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of Click and Go Hosting under Paragraph 8 herein.

1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to Click and Go Hosting a sufficient time before the expiration of the current service period so that it reaches Click and Go Hosting in advance of the renewal date.

1.7.1 Refunds of Service fees will be made only for pre-payment of Service fees beyond the renewal date following the effective notice and termination of this agreement under Paragraph 8.1. All refunds shall be pro-rated based upon the number of days for which service remains unused as of that renewal date. Click and Go Hosting may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.

1.7.2 A 30-Day Money Back Guarantee refund of service fees will only be made for clients who (i) send in a confirmed refund request to our billing department within 30 days of opening a Click and Go Hosting and (ii) have not violated any portion of of our Terms of Service or our Acceptable Use Policy. Refunds will not be issued for overages and additional services ordered besides the hosting plan.

2 WEB HOSTING SERVICES

For the term of the agreement as set forth herein Click and Go Hosting agrees to provide web hosting services according the plan selected by you upon activation of your account. Click and Go Hosting reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. You agree to receive periodic emails from Click and Go Hosting in regards to products, services, your account, and system updates.

3 CONSULTING SERVICES

Along with an active hosting account, Click and Go Hosting agrees to provide web consulting services according to the product or service selected by you upon checkout confirmation. Click and Go Hosting reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you.

4 DOMAIN REGISTRATION SERVICES

At Customer’s request, Click and Go Hosting may also acquire a Second-Level Domain Name (“Domain Name”), on behalf of Customer. Click and Go Hosting will not own or otherwise control any domain name registered on your behalf under this paragraph. Click and Go Hosting provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Click and Go Hosting for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Click and Go Hosting to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Click and Go Hosting under the provision therefore elsewhere herein.

5 LICENSE

Click and Go Hosting pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the Click and Go Hosting Web Hosting Service for the term of the agreement as set forth herein.

6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY

6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Click and Go Hosting including but not limited to the Click and Go Hosting customer service and maintenance tools. You acknowledge that all right and title to any such Click and Go Hosting intellectual property shall remain the sole property of Click and Go Hosting and that you have no right, title or interest therein. You further agree not to provide access to the Click and Go Hosting services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Click and Go Hosting Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Click and Go Hosting service shall also remain the sole property or Click and Go Hosting.

6.2 During the term of this agreement you may have access to certain information and materials relating to the Click and Go Hosting business, customers, software technology and marketing which Click and Go Hosting treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Click and Go Hosting; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended.

7 TERM

The initial term of this agreement shall be one (1) month with automatic renewal for subsequent additional months after the expiration of the initial term. Click and Go Hosting reserves the right to accept pre-payment of renewal periods and may from time to time offer financial incentives for such pre-payment. The term of the agreement, however, shall remain one (1) month.

8 SUSPENSION AND TERMINATION

8.1 Suspension - At the sole option of Click and Go Hosting for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and our Acceptable Use Policy, Click and Go Hosting may suspend your account by deactivating any access by you or by web users to any information contained on the Click and Go Hosting servers related to your account while maintaining the information and data related to your account upon the Click and Go Hosting servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated under Paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

8.2 Termination - This agreement and all of it’s terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Click and Go Hosting servers. Such information or data may or may not be made available to you by Click and Go Hosting after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in Paragraph 8.1 or (b) by either party upon 45 days notice in advance of a renewal period for any reason.

8.3 In the event of termination under Paragraph 8.2(a) there will be no refund provided to you.

8.4 In the event of any termination under Paragraph 8.2(b) of this subsection any service fees paid in advance beyond the next renewal date following the notice period under that section will be refunded to you. This refund shall not include any Domain Registration fees or other fees which are all non-refundable.

9 NOTICE

9.1 Any notice under this agreement shall be given by Click and Go Hosting to you via email at the address provided by you to Click and Go Hosting at the commencement of this agreement or as Click and Go Hosting is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so in your control panel.

9.2 Any notice by you to Click and Go Hosting shall be made via United States Mail to the following Address:

Click and Go Hosting 2313 Sheraton Drive Carrollton, TX 75007

10 SURVIVAL

Sections 1, 4 through 7, 9, 10, 12, 13, and 15 through 19, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

11 WARRANTEES AND LIMITATIONS

11.1 Click and Go Hosting makes every reasonable effort to maintain operation of the Click and Go Hosting service. Click and Go Hosting guarantees a 99.5% uptime per month, excluding planned maintenance procedures. If Click and Go Hosting does not fulfill this requirement, Click and Go Hosting will refund 1 day of service for each .5% of downtime that exceeds the 99.5% uptime guarantee. The sum of these refunds is not to exceed the total cost of service of the month in which the uptime guarantee was not met. Click and Go Hosting is not responsible for any delay or loss of data, slow connection, or any other such issues whether due to the active or passive negligence of Click and Go Hosting.

11.2 In general, Click and Go Hosting has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Click and Go Hosting accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Click and Go Hosting provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Click and Go Hosting system.

11.3 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

11.4 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Click and Go Hosting IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Click and Go Hosting BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

12 INDEMNITY

12.1 You agree to fully defend and indemnify and hold harmless Click and Go Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Click and Go Hosting in any way related to your use of the Click and Go Hosting service or any portion thereof.

12.2 You agree to fully defend and indemnify and hold harmless Click and Go Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Click and Go Hosting service or any portion thereof. Choice of counsel remains exclusively that of Click and Go Hosting

12.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Click and Go Hosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Click and Go Hosting.

13 FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, terrorist activity, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

14 ASSIGNMENT

This agreement and the rights hereunder is not assignable or transferable except that Click and Go Hosting may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Click and Go Hosting. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

15 SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

16 CHOICE OF LAW

This Agreement shall be interpreted under the laws of the State of Texas without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Texas, County of Dallas. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

17 NO AGENCY

Notwithstanding any other provision of this agreement, Click and Go Hosting is not your agent, partner or joint venturer in any respect.

18 AMENDMENT

Click and Go Hosting may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Click and Go Hosting web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

19 REQUIRED NOTICES

19.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Click and Go Hosting Division, COPYRIGHT INFRINGEMENT CLAIM, 2313 Sheraton Drive, Carrollton, TX 75007, and also via email to copyright@ClickandGoHosting.com .

19.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Click and Go Hosting service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

ICANN Uniform Domain Name Dispute Resolution Policy.