These Terms of Service (the “Agreement”) are an agreement between Golzak, SARL AU (“Golzak” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Golzak and of the Golzak.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1.Additional Policies and Agreements 

I. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

1. Privacy Policy
2. Acceptable Use Policy
3. Copyright Infringement Policy

I. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

2. Account Eligibility 

I. By registering for or using the Services, you represent and warrant that:

1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

I. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Golzak is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Golzak Billing and Support Panel to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

I. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

I. Any dedicated IP order in addition to those provided with a hosting plan may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

I. The Service and any data you provide to Golzak is hosted in Canada unless otherwise provided. If you access the Service from outside Canada, you are voluntarily transferring information (potentially including personally-identifiable information) and content to Canada and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of Morocco, and not necessarily of the jurisdiction in which you are located.

3. Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Support department to receive a price quote. In no event shall Golzak be held liable for any lost or missing data or files resulting from a transfer to or from Golzak. You are solely responsible for backing up your data in all circumstances.

4. Golzak Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Golzak Content”), are the proprietary property of Golzak or Golzak’s licensors. Golzak Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Golzak Content. Any use of Golzak Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Golzak Content. All rights to use Golzak Content that are not expressly granted in this Agreement are reserved by Golzak and Golzak’s licensors.

5. User Content

I. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Golzak that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to Golzak a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Golzak does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

I. Golzak exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Golzak’s computers, network hubs and points of presence or the Internet. Golzak does not monitor User Content. However, you acknowledge and agree that Golzak may, but is not obligated to, immediately take any corrective action in Golzak‘s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Golzak shall have no liability due to any corrective action that Golzak may take.

6. Third Party Products and Services 

A. Third Party Providers

Golzak may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

Golzak does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Golzak is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

B. Golzak as Reseller or Licensor

Golzak may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Golzak Products”). Golzak shall not be responsible for any changes in the Services that cause any Non-Golzak Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Golzak Products, either sold, licensed or provided by Golzak to you will not be deemed a breach of Golzak‘s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Golzak Product are limited to those rights extended to you by the manufacturer of such Non-Golzak Product. You are entitled to use any Non-Golzak Product supplied by Golzak only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Golzak Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Golzak Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

C. Third Party Websites

The Services may contain links to other websites that are not owned or controlled by Golzak (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

7. Prohibited Persons (Countries, Entities, And Individuals).

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the Moroccan Department of Commerce, Department of  Import and Export, and other Morocco authorities (collectively, “Moroccan Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of Moroccan Trade Laws. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

8. Account Security and Golzak Systems.

I. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernames and passwords. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

I. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Golzak may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

I. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Golzak may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

I. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Golzak of an issue, we reserve the right to leave access to services disabled.

I. Golzak reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

9. HIPAA Disclaimer. We are not “HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Golzak does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Golzak is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact feedback@hostgarou.com.

10. Compatibility with the Services

 I. You agree to cooperate fully with Golzak in connection with Golzak‘s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Golzak is not responsible for any delays due to your failure to timely perform your obligations.

 I. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Golzak to provide the Services, which may be changed by Golzak from time to time in our sole discretion.

 I.You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Golzak does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

11. Billing and Payment Information

A. Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

B. Autorenewal.

Unless otherwise provided, you agree that until and unless you notify Golzak of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

C. Taxes.

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Golzak‘s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

D. Late Payment.

All invoices must be paid within five (5) days of the invoice due date. Any invoice that is outstanding for more than five (5) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Golzak may suspend or terminate your account and pursue the collection costs incurred by Golzak, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Golzak will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Golzak directly after you make a late payment to reactivate the dedicated server.

E. Domain Payments.

It is solely your responsibility to notify Golzak‘s Billing department via a support ticket created from https://www.hostgarou.com/panel/ after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Golzak is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

F. Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Golzak may report any such misuse or fraudulent use, as determined in Golzak‘s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

G. Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by Golzak. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

H. Payment Card Industry Security Standard Disclaimer.

Golzak complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Golzak does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

12. Money-back Guarantee

A. Dedicated Servers and VPS.

There are no refunds on dedicated servers and VPS. The thirty (30) day money-back guarantee does not apply to dedicated servers and VPS.

B. Managed Shared and Reseller Services

Golzak offers a thirty (30) day money-back guarantee for Golzak‘s managed shared and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

13. Cancellations and Refunds

A. Payment Method

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

B. Money-back Guarantee

If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Golzak Billing Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared and reseller hosting fees previously paid by you to Golzak for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the Golzak Billing Team. Refunds will only be issued for basic shared and reseller hosting services and will not include administrative fees, product addons, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

Hosting accounts purchased with a free domain name will receive the refund minus the domain registration fee to cover the loss of the free domain registraton provided at the initial purchase.

C. Refund Eligibility

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

D. Non-refundable Products and Services

There are no refunds on dedicated servers, virtual private servers (VPS), domain names, SSL certificates, administrative fees, product addons, install fees for custom software, and design services. Purchases of ccTLDs are non-refundable.

E. Cancellation Process

You may terminate or cancel the Services by giving Golzak written notice via the cancellation form provided by visiting your Panel, services, then request a cancellation. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Golzak may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. You should immediately receive an automatic email stating that “Cancellation Request Confirmation”, Golzak will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via email. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared and reseller accounts will be effective on the account’s renewal date or immediatly. Cancellations for dedicated and VPS accounts will be effective immediately. 

F. Domains.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Golzak‘s Billing department via a support ticket created from https://www.hostgarou.com/panel/ to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

G. Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars or Moroccan Dirhams (MAD) and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Golzak is not responsible for any change in exchange rates between the time of payment and the time of refund.

H. Termination

Golzak may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Golzak or others or cause Golzak or others to incur liability, as determined by Golzak in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Golzak shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Golzak may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

14. CPU, Bandwidth and Disk Usage

A. Permitted CPU and Disk Usage.

All use of hosting space provided by Golzak is subject to the terms of this Agreement and the Acceptable Use Policy.

1. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Golzak expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Golzak may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Golzak‘s terms and conditions.
2. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased. 

B. Bandwidth Usage.

Shared servers are limited in their bandwidth allowance. Unlimited bandwidth usage is not available for shared, resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

15. Uptime Guarantee.

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Golzak and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.hostgarou.com/panel/ to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

16. Reseller Terms and Client Responsibility

I. Resellers shall ensure that each of their clients complies with this Agreement.

I. Resellers are responsible for supporting their clients. Golzak does not provide support to clients of Golzak‘s resellers. If a reseller’s client contacts Golzak, Golzak reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.

I. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Golzak will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.

I. Golzak is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Golzak from and against any and all claims made by any User arising from the reseller’s acts or omissions.

I. Golzak reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Golzak.

I. Resellers in the Golzak Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

17. Shared (non-reseller accounts)

Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

18. Dedicated Servers

Golzak reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Golzak reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than five (5) days may be subject to deletion which will result in the loss of all data on the server. Golzak will not be liable for any loss of data resulting from such deletion.

19. Price Change

Golzak reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Golzak through the user billing tool or through other methods of communication, including notices sent or posted by Golzak.

20. Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

21. Limitation of Liability

IN NO EVENT WILL GOLZAK, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF GOLZAK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOLZAK’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOLZAK FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

22. Indemnification

You agree to indemnify, defend and hold harmless Golzak, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “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 (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

23. Independent Contractor

Golzak and User are independent contractors and nothing contained in this Agreement places Golzak and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

24. 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 an alleged tort, shall be governed by the substantive laws of Morocco. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

25. Disclaimer

Golzak shall not be responsible for any damages your business may suffer. Golzak makes no warranties of any kind, expressed or implied for the Services. Golzak disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Golzak or our employees.

26. Backups and Data Loss

Your use of the Services is at your sole risk. Golzak‘s backup service runs once a day and overwrites any of our previous backups. Only 30 days of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Golzak‘s sole discretion. Golzak does not maintain backups of dedicated accounts. Golzak is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Golzak‘s servers. Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

27. Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, GOLZAK AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. GOLZAK AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. GOLZAK AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

28. Disclosure to Law Enforcement

Golzak may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

29. Entire Agreement

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.

30. Headings

The headings herein are for convenience only and are not part of this Agreement.

31. Changes to the Agreement or the Services

1. Golzak may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Golzak website for at least thirty (30) days after the changes are posted and will indicate at the top of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
2. Golzak reserves the right to modify, change, or discontinue any aspect of the Services at any time.

32. Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

33. Waiver

No failure or delay by you or Golzak 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 preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto 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.

34. Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Golzak. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Golzak may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

35. 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.

36. 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 in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service 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 user as if it were a party to this Agreement.

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Golzak’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service.

Golzak may modify this AUP at any time without notice. The Services provided by Golzak may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Golzak reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

A. Prohibited Uses

a. Infringement of Intellectual Property Rights.

1. Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
2. If you believe that your intellectual property rights are being infringed upon, please email abuse@hostgarou.com. For copyright infringement claims, Golzak follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.

b. Using a shared account as a backup/storage device.

You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

B. Unacceptable Material

a. Unacceptable material on our servers include without limitation:

• Topsites
• IRC Scripts/Bots
• IRCD (irc servers)
• Proxy Scripts/Anonymizers
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts
• Anonymous or Bulk SMS Gateways
• Bitcoin Miners
• PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

b. Child Pornography Prohibited.

Content that is potentially harmful to minors, as determined in Golzak‘s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

c. Other Prohibited Content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

C. Unacceptable Resource Usage

a. You may not:

1. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
8. Run cron entries with intervals of less than fifteen (15) minutes.
9. Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
10. Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
11. Force html to handle server-side code (like php and shtml) to help reduce usage.
12. Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

b. INODES.

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

D. Zero Tolerance Spam Policy

1. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Please read https://www.hostgarou.com/legal/email-policy/ for our generalized mail policy. Please read http://www.hostgarou.com/dedicated-mailpolicy.html for our dedicated server mail policy.
2. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
3. Golzak reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
4. Golzak reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

E. Defamation Policy

Websites hosted on Golzak‘s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Golzak‘s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Golzak is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

F. AUP Violations

1. Resellers. If there is a violation of this AUP by one of a reseller’s client’s account, Golzak will suspend the website in question and will notify the reseller so that the reseller can terminate the account. Golzak may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.
2. Direct customers. Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
3. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
4. If you feel you have discovered a violation of our AUP please report it to: abuse@hostgarou.com.

The use of services from Golzak, SARL A.U. [hereafter referred to as “Golzak”] constitutes agreement to these terms. You may view our Privacy Policy here.

1. Limits

There is a 200 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user’s connecting IP address. If you go over this you’re likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.)

• SMALL PLAN: 5 Mailman mailing lists
• STARTER PLAN: 10 Mailman mailing lists
• BUSINESS PLAN: 25 Mailman mailing lists
• ENTERPRISE PLAN : 50 Mailman mailing lists
• Reseller and VPS/Dedicated packages: Unlimited number of Mailman mailing lists

2. Mailing Lists Rules

1. Any time you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 18 seconds. (Sending 1 every 18 seconds would send 200 emails within 1 hour, keeping you below the 200 outgoing email limit.) If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your cPanel, under Softaculous.

IMPORTANT: If you do not throttle and you try sending 200 emails, the server will try sending all 200 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server’s load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Email Scripts must be able to handle and document all information from a double opt-in list. This includes recording the sign-up IP address and date/time, double opt-in verification IP address and date/time, processing opt-outs (via web or email), and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of two hundred (200) emails per hour. If your account is found to be using a script that does not meet these requirements, Golzak reserves the right to suspend, terminate, or deactivate your script or account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.

6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

Sample Copyright Complaint Steps

Golzak requires DMCA notices to be filed via fax or letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.

It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office WebSite, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on https://www.hostgarou.com/legal/terms-of-services/”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is ‘Intellectual Property: Valuation, Exploitation, and Infringement Damages’ by Gordon V. Smith, published by Wiley, ISBN #047168323X”).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.An example:
   Infringing Web Pages:
   http://www.thewebsite.com/link/
   http://www.thewebsite.com/somethingnew/blahblah.html
3. Provide information reasonably sufficient to permit us to contact you.
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
6. Include the following statement: I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Sign the paper.
8. For the fastest processing and response we ask that DMCA complaints be submitted through our online form athttps://www.hostgarou.com/legal/dmca/Or faxed to us at(281) 476-7801, Attn: Abuse Department, DMCA Complaint While not recommended you may also mail your request to us at Golzak, SARL AU
   Attn: Abuse Department, DMCA Complaint
   15 Avenue Al Abtal, App n°4, Agdal
   Rabat 10000, Morocco Please allow routing and scanning time for mailed DMCA complaints.

Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.

We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]

If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]