This User Agreement ("Agreement") is an agreement between GISOL, Inc. ("GISOL"), a California corporation, and the party set forth in the related order form (Customer or You) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").

BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND GISOL, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING GISOL'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Acceptable Use Policy:  Under this Agreement, Customer shall comply with GISOL's then current Acceptable Use Policy (AUP), as amended, modified or updated from time to time by GISOL, which currently can be viewed under the Policies section of this web site, and which is incorporated in this Agreement by reference.  Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference.  In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. GISOL does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, You will be responsible for Your customers content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, GISOL may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event GISOL takes corrective action due to a violation of the AUP, GISOL shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that GISOL shall have no liability to Customer or any of Customer's customers due to any corrective action that GISOL may take (including, without limitation, disconnection of Services).
2. Customer's Responsibilities:
1. Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
2. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
3. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by GISOL to provide the Services, as the same may be changed by GISOL from time to time. Specifications for the hardware and software used by GISOL to provide the Services will be available on GISOL's Web site. Customer shall periodically access GISOL's Web site to determine if GISOL has made any changes thereto. GISOL shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by GISOL to provide the Services.
4. Even though GISOL does make courtesy back-ups; Customer is solely responsible for making back-up copies of the Customer's Web site and Content. Customer is required to retain a local copy of their current Web site and Content at all times. GISOL shall not be liable, and expressly disclaims any liability resulting in the loss of Customers Web Site and/or Content.
3. Customer's Representations and Warranties:
     Customer hereby represents and warrants to GISOL, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:
1. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by GISOL to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
2. Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any .moral right. or similar right however denominated;
3. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes;
4. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, trojan horses and other malicious code; and
5. Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
6. Customer grants GISOL the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
7. In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer's behalf by anyone acting as Customer's agent, and transactions entered into by anyone who uses Customer's account, whether or not the transactions were on Customer's behalf.
4. License to GISOL:
1. Customer hereby grants to GISOL a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:

                               i.   digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and

                               ii.   make archival or back-up copies of the Customer Content and the Customer Web site.

2. Except for the rights expressly granted above, GISOL is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
3. GISOL, in its sole discretion, reserves the right (1) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer's Content and/or web site(s)), and/or (2) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that GISOL shall not be liable to Customer for any loss or damages that may result from such conduct.
5. Indemnification: Customer agrees to indemnify, defend and hold harmless GISOL and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
6. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
7. GISOL as Reseller or Licensor: GISOL is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-GISOL Product"). GISOL shall not be responsible for any changes in the Services that cause the Non-GISOL Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-GISOL Product either sold, licensed or provided by GISOL to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of GISOL's obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-GISOL Product are limited to those rights extended to Customer by the manufacturer of such Non-GISOL Product. Customer is entitled to use any Non-GISOL Product supplied by GISOL only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by GISOL to Customer through any Non-GISOL Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-GISOL Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
8. Internet Protocol (IP) Address Ownership: If GISOL assigns Customer an Internet Protocol (IP) address for Customer's use, the right to use that IP address shall belong only to GISOL, and Customer shall have no right to use that IP address except as permitted by GISOL in its sole and absolute discretion in connection with the Services, during the term of this Agreement. GISOL shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by GISOL, and GISOL reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
9. Server resources: It is in the sole and absolute discretion of GISOL to determine if Customer is using the server resources fairly and to maintain the proper level of uptime for other Customers on the server. GISOL will monitor Customer's usage and shall have the right to take corrective action such as disconnection or discontinuance of any and all Services, or termination of this Agreement.
10. Customer agrees to use all Services and any information obtained through or from GISOL, at Customer's own risk. Customer acknowledges and agrees that GISOL exercises no control over, and accepts no responsibility for, the content of the information passing through GISOL's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF GISOL, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "GISOL PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT GISOL PROVIDES. NO GISOL PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. GISOL IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY GISOL. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY GISOL PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
11. Limited Warranty:
1. GISOL represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by GISOL generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. GISOL may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
2. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of GISOL's reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer's equipment or any third-party equipment not within the sole control of GISOL. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, GISOL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND GISOL HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED .AS IS. WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. GISOL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
12. Billing and Payment.
1. Customer will pay to GISOL the service fees for the Services in the manner set forth in the Order Form.
2. Unless otherwise specified, all fees and related charges shall be due and payable the date they are invoiced. If any invoice is not paid within seven (7) days after the date of the invoice, GISOL may charge Customer a late fee.
3. If GISOL collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if GISOL prevails in any action to which the Customer and GISOL are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and GISOL's reasonable attorneys. fees.
4. If any check is returned for insufficient funds GISOL may impose a processing charge of $25.00.
5. In the event that any amount due to GISOL remains unpaid seven (7) days after such payment is due, GISOL, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
6. There may be an administrative charge to reinstate accounts that have been suspended or terminated.
7. Customer acknowledges and agrees that GISOL may pre-charge Customer's fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
8. Any features purchased from GISOL will be considered as rendered upon dispatch of the confirmation email from GISOL's mail servers.
9. Any length of time shorter then one month of service is billed as a whole month of service for all packages.
13. Duration of Agreement, Continuity, and Cancellation Policy:
1. The Initial Term shall begin upon agreement of GISOL’s Policies by the Customer, commencement of the Services to Customer and/or receipt of lawful funds. The term's length is chosen by customer and shall be indicated in the confirmation email after the verification process. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party 30 days in advance of the renewal/anniversary date as provided herein.
2. This agreement may be terminated by the Customer before the renewal/anniversary date by giving GISOL notice at least 30 days prior to the renewal/anniversary date of the Term (Customer hereby agrees and understands that they must follow the instructions provided at http://cancel.GISOL.com in order to effectively terminate services as described herein), or by GISOL in the event of nonpayment or non compliance by Customer, at any time, without notice, if in GISOL’s sole judgment Customer has in any way breached this Agreement (Termination for Cause). If Customer fails to keep their appropriate method of payment updated at any time, GISOL may in its sole discretion terminate the account without any prior notice and/or forward the account to a 3rd (third) party collections agency if any funds are outstanding on any account which has not been cancelled by the Customer through http://cancel.GISOL.com.
3. GISOL may terminate this agreement in its sole discretion at any time.
4. If prior to the end of the agreed upon Term, Customer cancels the Services for any reason, or GISOL terminates the Agreement due to Customer's breach of the GISOL User Agreement or Acceptable Usage Policy, Customer will be charged a US $250.00 Breach-Of-Contract fee per domain package and per hosting account for liquidated damages. Client also forfeits any prepaid service fees and at no time shall customer receive a refund of any prepaid service fees.
5. GISOL reserves the right to terminate the Services, if Customer's usage of the Services results in, or is the subject of, legal action or threatened legal action, against GISOL or any of its affiliates, partners, owners, employees or agents, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
6. Any account affiliated with a Chargeback Dispute may be suspended without any prior notice.
7. Any Customer paying by Check is responsible for the successful deduction of the funds agreed to between Customer and GISOL. If Customer elects to Stop Payment or does not have enough funds on their account, no consideration may be provided regarding a Bounced Check Fee. A Bounced Check Fee may be charged at the discretion of GISOL and is limited to US $25.00 per failed transaction.
8. All sales are final including the acceptance of all policies after the Customers order has been submitted and prior to contact from GISOL's Verification Department. Any setup fees, fees for additional services, as well as fees paid for the lease of the domain name are always non-refundable. Any promotional domain lease options will be billed at US $29.95 per domain. Customer acknowledges and agrees that following the instructions provided at http://cancel.GISOL.com is the ONLY ACCEPTABLE METHOD TO CANCEL a Web hosting account with GISOL to avoid occurrences such as an automatic renewal. Any cancellation requests sent to or directed to GISOL by telephone, email and/or regular mail shall be null and void.
9. Refund Policy: No refunds shall be issued to Customer.
10. Credit Policy: No credit shall be issued to Customer.
11. Your satisfaction is our number one priority. We will strive to provide the best possible service for our customers.
14. Limitation of Liability:
1. GISOL CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. GISOL WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
2. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
3. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer's indemnification obligations.
4. Notwithstanding anything to the contrary in this Agreement, GISOL's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
5. Customer understands, acknowledges and agrees that if GISOL takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that GISOL shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by GISOL.
6. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
15. Customers and Upgrades
1. The terms of this section shall survive any termination of this agreement for up to 6 years from the date of cancellation.
2. Any existing Customer must obtain an Upgrade/Consolidation Package if they have, are entering in or had any relation, affiliation or involvement with one (1) or more account within the GISOL Network.
3. Upgrade/Consolidation Packages are priced at US $49.95 per month and prepaid for 36 months while providing the customer with the ability to consolidate up to 3 current accounts into 1 package. This package contains Unlimited disk space, bandwidth and allows hosting of unlimited domain names not currently hosted within the GISOL Network. The package will also include free Private Registration, U.S Based Technical Support and 1 (one) free PromoPack per month for the full term of the aforementioned agreement. Upgrade/Consolidation Packages may be obtained at a significantly lower price during any special offer period. In order to obtain the special offer price, Customer must fill out a new order form which will automatically serve as acknowledgement of this clause.
4. Customer may not consolidate domain names or transfer/move domain names between any accounts within the GISOL Network. Any such attempt will be considered an AUP violation and will contain a fee as appropriate for the severity of the violation. Customer must contact GISOL at 323-924-5915 and request for this service to be completed on the Customers behalf. This service will entail the automatic agreement to the “Customers and Upgrades” Term and the automated purchase request for the Upgrade/Consolidation Package at the currently offered price or special offer, whichever is most suitably priced.
16. Online Hosting Specials
1. Any and all "Special Offers" located on http://www.gisol.com/hosting are for the exclusive purpose of "Personal Use" and follow the strict guidelines and regulations of the "Personal Use Limitations and Statutes" section of the GISOL Policies. Online specials pertain only to the 2 (two) year term, furthermore, are the sole bearers of the "Price Freeze Guarantee". Regular priced packages may contain the same features as any "Special Offer", however, "Personal Use" Guidelines and Regulations still apply. Availability of items such as the E-Commerce Package and Shopping Cart feature within any given "Special Offer" allows Customer to sell their personal property, limited by the intent of the sale. Intent may not contain any business purpose or financial gain; moreover, any sale must constitute an even trade of funds in exchange for personal products/belongings of Customer.
2. Business Packages start at $49.95 per month and are prepaid for 36 months, however, during any special offer period, the business package may be purchased at $29.95 per month prepaid for 36 months. Any package with 1 or more websites hosting any business related content or any information from the customer suggesting the intent to utilize an account for business will automatically receive an upgrade to the Business Package. If it is discovered by GISOL that Customer is planning to utilize hosting services for Business, it is automatically presumed that our policies have been reviewed and that the customer acknowledges the automatic upgrade to the Business Package. All business packages will include identical benefits to the Unlimited Package, additionally; Customer will receive Private Registration, U.S Technical Support and one PromoPack feature per month.
17. Headings: The headings herein are for convenience only and are not part of this Agreement.
18. Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or GISOL, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and GISOL. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by GISOL in its sole discretion, which modifications will be effective upon posting to GISOL's web site.
19. Personal Use Limitations and Statutes
1. PERSONAL USE: Personal use is limited to content meant solely for the use and viewing pleasure of the Account Holder/Customer. Content furthermore shall be limited to: Personal Images (pictures of person or persons of particular relation to the Customer), Personal Blogs (blogs regarding activities, daily life, adventures or happenings directly related to the Customer), Personal Diaries, Personal Forums (personal forums are strictly prohibited from any association with goods, services, propaganda or political insight). Web content may not contain any sale, promotion, reference, link or advertisement, promoting, assimilating to, introducing, offering or suggesting any product, service, concept, hobby, belief, religion, faith, theory, instruction or method.
2. BUSINESS USE: Business use constitutes the allowance of web content such as; Business forums, blogs, pictures, paintings, art, promotion of a product, promotion of a service, promotion of a belief, sales, offers and etc. Customer may incorporate links, advertisements, assimilations and references to all legal content which may be utilized for any personal or business purpose. Customer is liable to act in good faith at all times and must follow both federal and state laws and regulations to ensure legitimate use of GISOL and all of its services.
20. Severability: All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applica ble laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
21. Notices: All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties. signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. GISOL may give written notice to Customer via e-mail to the Customer's e-mail address as maintained in GISOL's billing records.
22. Domains
1. Any Domain name registered by GISOL on behalf of the Customer remains the intellectual property of GISOL. All domain names registered by GISOL are leased to the Customer at all times with no exceptions.
2. Domain names registered through GISOL have an annual cash value of $49.
3. Domain name fees shall be discounted to a value of $9.95 for as long as the Customer stays with GISOL hosting services.
4. If the term of service is equal to or exceeds 1 year, the domain name lease shall be free for the first year and $9.95 for each consecutive annual renewal. Consecutively renewed terms shall be  excluded from receiving any free domain registrations.
5. Customer may elect to purchase a DNS Management Package, which provides a DNS pointing service to an alternate hosting provider. The DNS Management Package will allow the Customer to point their Domain name(s) to an alternate hosting provider. The DNS Management Package is priced at $2.95 per month and may only be purchased for a prepaid term of one year. A one-time $10.00 DNS Redirection fee shall be charged for each domain name in the DNS Management Package.
23. Waiver: No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
24. Assignment; Successors: Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of GISOL. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. GISOL may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
25. Limitation of Actions: No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
26. Counterparts: If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, GISOL's records of such execution shall be presumed accurate unless proven otherwise.
27. Force Majeure: Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
28. No Third-Party Beneficiaries: Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
29. Government Regulations: Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
30. Marketing: Customer agrees that during the term of this Agreement GISOL may publicly refer to Customer, orally and in writing, as a customer of GISOL. Any other public reference to Customer by GISOL requires the written consent of Customer
31. GISOL provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in GISOL's web pages describing the package of Services purchased at the time of purchase. In some cases, GISOL may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. GISOL reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by GISOL for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by GISOL as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with GISOL.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

GISOL will monitor User's use of bandwidth, disk usage and other resources. GISOL, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in GISOL's sole and absolute discretion.

If GISOL takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If GISOL learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, GISOL may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. GISOL reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.