This Web Site and EMail Hosting Service Agreement ("Agreement") is by and between GWD Group of Companies, A Sole Proprietorship - ("GWDHosting.com"), an Oklahoma Based Service Company, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of GWDHosting.com's Web Site Hosting ("Web Hosting") services and represents the entire agreement between You and GWDHosting.com. By using GWDHosting.com's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which GWDHosting.com may establish from time to time. You may view the latest version of this Agreement here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with GWDHosting.com, whether or not the transactions were in Your behalf. You acknowledge that GWDHosting.com's acceptance of any application made by You for services provided by GWDHosting.com will take place at GWDHosting.com's office located in Tuttle, Oklahoma, USA.

 a.) As consideration for the services purchased by You and provided to You by GWDHosting.com, You agree to pay GWDHosting.com a monthly fee. Your monthly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with GWDHosting.com. Payment is to be made by You providing either a valid credit card, Paypal.com or via check for charge by GWDHosting.com (Billing By GWD Group of Companies) (collectively, the "Payment Method"). All personal checks will be delayed fourteen (14) business days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 NSF check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason GWDHosting.com is unable to charge your Payment Method, You agree that GWDHosting.com may pursue all available remedies in order to obtain payment and/or terminate your accounts.

 b.) In the event that You exceed the scope of the Services as set forth in Your Agreement (for example, available bandwidth, CPU or disk space utilization), You shall pay GWDHosting.com for such additional services not within the scope of Your Agreement as specified. GWDHosting.com reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by contacting our billing department on our Service Desk

 c.) ALL FEES PAID TO GWDHosting.com FOR HOSTING ARE EARNED IN FULL AT THE TIME OF SET-UP, INCLUDING HOSTING THAT IS PAID YEARLY, QUARTERLY OR MONTHLY. GWDHosting.com WILL NOT ISSUE REFUNDS ON ANY HOSTING PLAN AFTER THE INITIAL CANCELLATION PERIOD IS PAST. 

NO REFUNDS ARE GIVEN ON ANY HOSTING PLAN UNLESS REQUESTED IN WRITTEN WITHIN THE FIRST TWENTY ONE (21) DAYS OF YOUR ORIGINAL TERM. ANY COSTS SUCH AS SET UP FEES OR DOMAIN REGISTRATIONS ARE NON-REFUNDABLE.

Term

 a.) The term of this Agreement shall commence on the date You purchase the Web Hosting services, and will continue in full force and effect as long as GWDHosting.com is providing Web Hosting services to You.

Termination

 b.) You agree that You will be responsible for notifying GWDHosting.com should you desire to terminate Your use of GWDHosting.com's Web Hosting services. Notification of Your intent to terminate must be provided to GWDHosting.com no sooner than 10 days prior to Your billing date. In the absence of notification from You, GWDHosting.com will automatically continue Web Hosting services indefinitely and will charge the Payment Method You have on file with GWDHosting.com, at GWDHosting.com's then current rates. It is Your responsibility to keep your Payment Method information current, including the expiration date of any credit cards you have on file. In the event You terminate, moving your web site off of the GWDHosting.com hosting servers is Your responsibility. GWDHosting.com will not transfer or FTP Your web site to another provider. GWDHosting.com reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Server, services or any portion thereof. In the event Your Web Hosting service is terminated, GWDHosting.com will not transfer or manage Your Web Hosting or Your website content.

 c.) You agree that GWDHosting.com may modify this Agreement from time to time. GWDHosting.com may also discontinue services it provides under this Agreement. You agree to be bound by any changes GWDHosting.com may reasonably make to this Agreement when such changes become effective.

 a.) GWDHosting.com currently provides Web Hosting services to its customers for a fee. GWDHosting.com will host Your web site on GWDHosting.com's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of GWDHosting.com's policies and procedures.

License of Your Website Content

 b.) GWDHosting.com grants to You, and You accept from GWDHosting.com, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with GWDHosting.com's performance or enforcement of this Agreement.

Availability of Services

 c.) Subject to the terms and conditions of this Agreement, GWDHosting.com shall attempt to provide Web Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Web Hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which GWDHosting.com may undertake from time to time; or (iii) causes beyond the control of GWDHosting.com or which are not reasonably foreseeable by GWDHosting.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that GWDHosting.com has no control of availability of Web Hosting on a continuous or uninterrupted basis.

 d.) Service Availability Guarantee. GWDHosting.com offers a service uptime guarantee for its Web Hosting service of 99.9% ("Service Uptime") of available time. If GWDHosting.com fails to maintain this level of service availability, You may contact GWDHosting.com and request a credit of 10% of your monthly fee for each hour of downtime for that month. The credit does not apply to service interruptions caused by (i) scheduled maintenance; (ii) errors caused by You from custom scripting or coding; or (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email.  (iv) network issues such as dDos attacks or other service interruptions beyond our control. Total Service Uptime shall be solely determined by GWDHosting.com and shall be calculated on a monthly basis.

Web Site Content

 e.) You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.

 a.) You agree that You have provided accurate, current and complete information in the application process and that You will notify GWDHosting.com within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by GWDHosting.com to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if GWDHosting.com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, GWDHosting.com has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.

 b.) You represent and warrant to GWDHosting.com that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by GWDHosting.com will not be used in connection with any illegal activity.

 c.) If You are hosting Your web site on GWDHosting.com's servers, You are responsible for ensuring that there is no excessive overloading on GWDHosting.com's Network or servers. You may not use GWDHosting.com's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and GWDHosting.com reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. GWDHosting.com prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by GWDHosting.com. You agree that GWDHosting.com reserves the right to remove Your web site temporarily or permanently from its hosting servers if GWDHosting.com is the recipient of activities that threaten the stability of its network.

 d.) You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by GWDHosting.com to be in conflict with the spirit or intent of this Agreement or any GWDHosting.com policy.

Storage and Security

 e.) At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content and email accounts. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on GWDHosting.com servers; and (iv) ensure the confidentiality of Your password. GWDHosting.com's servers and hosting services are not an archive and GWDHosting.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify GWDHosting.com, whereupon GWDHosting.com shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. GWDHosting.com will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by GWDHosting.com or another party due to someone else using Your account or password.

 a.) GWDHosting.com explicitly reserves the right and sole discretion to: (i) Censor any web site hosted on its Web Hosting servers that, in GWDHosting.com's sole discretion, is deemed inappropriate; (ii) Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; (iii) Modify its pricing through email notification; (iv) Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that GWDHosting.com determines to be harmful to its other customers, operations, or reputation; (v) Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against GWDHosting.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. GWDHosting.com has no obligation to monitor the Site or any of Your content, but reserves the right in its sole discretion to do so.

No Spam; Liquidated Damages

 b.) GWDHosting.com will immediately terminate any Web Hosting service which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay GWDHosting.com liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your website hosted with us, otherwise you agree to pay GWDHosting.com's actual damages.

 a.) This agreement shall be deemed entered into the state of Oklahoma. the laws and judicial decisions of Grady County, Oklahoma, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Grady County, Oklahoma.

 b.) You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

You agree that all notices (except for notices concerning breach of this Agreement) from GWDHosting.com to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with GWDHosting.com.  In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to GWDHosting.com, shall be made either by email, facsimile, or mailed to the address below. They shall be deemed to be delivered when received by GWDHosting.com through first class mail the date they are received, or when sent by facsimile.