All services provided by GoMach5 AS (“GoMach5”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any 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 secret and other statute. The subscriber agrees to indemnify and hold harmless GoMach5 from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to GoMach5’s servers, or any other server on the Internet. Links to such materials are also prohibited. A list of acceptable use can be found in our Acceptable Use Policy.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, GOMACH5 WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

CPU & Disk Usage

All use of web hosting provided by GoMach5, is subject to the terms of this Agreement and the Acceptable Use Policy. Shared Hosting space can ONLY be used to host a user’s website files, emails, and website content. Using unlimited shared hosting space for other storage such as offsite backups, file hosting, or solely FTP hosting is strictly prohibited. GoMach5 also reserves the right to review and suspend any shared hosting account for excessive usage of CPU, disk space, bandwidth, or other resources as seen fit if the account in question is deemed unsafe for the quality of service of other clients. GoMach5 may, in our sole discretion, terminate access to services, charge additional fees, or remove or delete content for those clients that are found to be in violation of the terms and conditions or acceptable use policies.

Traffic Usage

All account plans unless otherwise specified come with a predetermined amount of traffic allowance. We monitor all accounts and bill for each gig of traffic exceeded. This amount is not prorated, meaning that 1 MB – 1 GB will be treated and billed as the same. Rates vary depending on service, and can be found on per product. If this information is not available, please contact support and it will be provided.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of GoMach5 is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites, virtual private servers, and dedicated servers of GoMach5 must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, GoMach5 shall either:

  • debit the client’s credit card (when such information has been provided by the client); or
  • deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to GoMach5 by no later than the specified payment due date. GoMach5 shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services may carry a setup fee charged by GoMach5 to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to GoMach5 and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. This can be prevented if a cancellation notice is given 7 days before the next invoice due date.

Money back Guarantee & Refund Policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit. If you have special reasons, or you feel your service was inadequate, please contact [email protected] for a private consultation. This does not affect new clients purchasing a service with a money back guarantee.

Account Deactivation

Any account deactivated due to non-payment will require a reactivation fee of $10.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 7 days notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

GoMach5 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from GoMach5 ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, GoMach5 shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of GoMach5 ‘ servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these our Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

GoMach5 cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by GoMach5 are resold. Thus, certain equipment, routing, software and programming used by GoMach5 are not directly owned or written by GoMach5. Moreover, GoMach5 holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as GoMach5 sees fit.

Account Activation

By activating your account with GoMach5, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Server Uptime Guarantee | Service Level Agreement (SLA)
GoMach5 guarantees 99.9% service uptime on all hosting services. Should we fail to deliver this for any given calendar month, your account will be credited a pro-rated amount for the duration of excessive downtime. Our High Availability (HA) options guarantees 100% service uptime. Your account will be credited a pro-rated amount in the event that we fail to deliver. When delivering credits, we go by the following general policy: Every hour of downtime caused by network or power = 5% of your monthly service cost up to 100% of your monthly service cost. We guarantee hardware replacement within 24 hours. All downtime related to hardware failures are credited after the 24 hours at a rate of 10% of your monthly service cost up to 100% of your service cost for every additional day of downtime. Clients must report SLA issues to ensure appropriate credit is applied to the account. SLA credit requests must be submitted via support ticket to be reviewed and processed.

GoMach5 reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase or decrease any pricing and make changes to our account plans without notification.