I understand that if I sign up and pay for service but am dissatisfied, I can cancel within the first 7 days and get a 100% refund.

1. GSCOLO is in the business of web-hosting and providing direct connectivity to the Internet (colocation). It provides these services in a facility in Los Angeles, CA (“Data Center”).

2. Client desires to connect certain equipment or computer devices ("Server" or "Equipment") owned or leased by Client to the Data Center for the purposes of obtaining Internet access and services from GSCOLO for the term of one month ("month to month") from the deployment date OR if Client prepays for one year then the term is twelve months. The deployment date shall be the date that network packets begin flowing to the client's server(s), ("Service Start Date").

3. GSCOLO shall provide basic services ("Internet Services") to Client, which shall include bandwidth and a direct connection of the Equipment to the Internet switch or router via Ethernet connection and given use of up to 4U of cabinet space for a single server, or space on a shelf for one mid-sized tower. Client will select its bandwidth commitment from the bandwidth plan options from this online shopping cart. If Client chooses a burstable bandwidth package then Client may be charged for excess bandwidth usage for bandwidth in excess of the commitment plan. Client shall be provided with 1 Ethernet handoff from a core switch and 1 power outlet (Standard 110v) and power per the colocation plan the Client selects. If the Client has selected 1.5 amp plan, but the Clients server actually uses between 1.5-3.0 amps of power than the Client will be charged extra $49/month for excess power.

4. The total fee for Services and one-time setup fees and any other upgrades as picked by client from the internet shopping cart, are payable in advance of the start of service as required herein, and are charged monthly thereafter. GSCOLO will automatically charge the monthly and other fees to the Client's credit card, PayPal account, or checking account each month. The Client will be provided a web-based link and login to CACTI so that the client can see the real-time bandwidth utilization. IP addresses will be given according to the policy of ARIN.NET. 1 IP is included for free. Additional IP's can be leased.

5. Fees

a. There is no fee for the Administrative Services. There shall be no cost for rebooting any Server. Connectivity related technical support is free. All support that takes 5 minutes or less is free.

b. Client may be required to make an additional deposit to cover anticipated excessive bandwidth usage if the CACTI bandwidth graph shows bandwidth usage in excess of the bandwidth commitment rate of the plan (Doesn't apply if Client is already on unmetered bandwidth plan). Excessive usage shall be any bandwidth usage over the Subscription Rate. Failure to deposit payment for excessive bandwidth usage at the Subscription Rate may result in suspension of account until such payment is made. GSCOLO shall, of course, make reasonable attempts to notify client of such excessive usage.

c. Client shall pay to GSCOLO $75 per hour for the total hours of Custom Support or Custom Administrative Services needed and/or requested by client. Administration regarding connectivity is no charge.

d. All fees shall be due from Client in advance and shall be received by GSCOLO prior to the ("Due Date") for the preceding month of service. Not receiving an invoice from GSCOLO prior to Due Date is not grounds for delay of payment. This document and/or the online billing website will suffice as an invoice for the term of this agreement. If payment is not received by the Due Date, GSCOLO may impose a late fee of $50/server and if payment is not received within seven (7) days AFTER the Due Date, GSCOLO may, at its sole discretion, disconnect services to Client's Server or Equipment without prior notice and without any liability to GSCOLO. GSCOLO shall be authorized to automatically charge the Client's credit, debit card, PayPal account, and/or be allowed to issue automatic "e-checks" if the Client provides the account information.

e. In the event that Client pays the monthly charges after the disconnect event, and GSCOLO agrees to reconnect service to the Client, there shall be a minimum re-connection charge calculated at the rate of $50.

f. After the disconnection event for any reason, Client is still required to pay storage fees equal to the rate in paragraph 4 - the normal monthly rate. GSCOLO does not store Client equipment in Data Center free of charge. Client is encouraged to settle outstanding fees due GSCOLO and remove equipment promptly.

g. GSCOLO shall not be required to refund any fees to Client charged pursuant to this Agreement, except by mutual agreement.

h. Client can cancel this agreement anytime. No refunds of any kind are due in the event of cancellation unless Client has prepaid 1 YEAR and terminates early in which case Client shall be entitled to a refund of the difference between the prepaid amount and the amount the Client would have paid had he signed up for the month-to-month rate and paid set-up fees. To cancel service you must provide thirty (30) days notice and send an email including the date you want service to end to billing@GSCOLO.com.

i. Client is aware that Client is required to make a reasonable effort to estimate the monthly bandwidth usage and prepay such amount for the first month of this contract. Subsequent months shall be billed and based upon the monthly bandwidth usage of the prior 30 days and shall be payable by the Due Date of each subsequent month for the term of this agreement.

6. Client is aware and understands that:

a) GSCOLO obtains its electrical power from the local public utility company, the Los Angeles Department of Water and Power, the ("DWP") - divergent power grids feed our building which has TEN 5,000 amp power plants and 17 diesel generators. GSCOLO cannot guarantee the performance of the DWP, however it should be noted that DWP routinely produces excess power and during the "California Brown Outs" the DWP sold power to Edison and did not go down. Furthermore, all GSCOLO power is on A/B UPS systems and N+1 diesel emergency power generators for back-up which is tested routinely.

b) GSCOLO obtains Internet access from other Internet backbone providers which may include but is not limited to LEVEL 3, SAVVIS, AT&T, COGENT, XO, MZIMA, and XEEX. GSCOLO shall reserve the right to change bandwidth providers without notice.

c) Availability of Internet access to GSCOLO is not entirely under the control of GSCOLO but internet access is guaranteed by GSCOLO to be 100% uptime. Client shall be entitled to a prorated refund for any downtime should any take place.

d) While GSCOLO's goal is to provide uninterrupted service to Client, there will be times that the connectivity to the Internet may be disrupted, in which case Internet access will not be available to GSCOLO and to Client's Equipment at the Data Center. As GSCOLO is connected to multiple providers of internet access and utilizes BGP-4 - to route traffic out redundant networks in the event of any single network failure, the chances that all such internet connections could go down at once would be very unusual.

e) Equipment may shut down or malfunction at any time due to a variety of reasons, including without limitation, power surges from the Public Utility, Equipment malfunction, software problems, Internet problems, etc.

f) GSCOLO may have regular or periodic disruption of services due to scheduled and unscheduled maintenance of the equipment in the Data Center. GSCOLO will notify Client of such dates and times of any scheduled maintenance disruptions via email or phone.

7. GSCOLO is not responsible for lost business, financial or otherwise, resulting from any of the services that it offers. Such guarantees are not included in this agreement and would require separate written agreement, with additional consideration to enforce such guarantees.

8. GSCOLO shall make reasonable efforts to protect Client's Equipment; however, Client should carry its own insurance or provide its own remedy for losses ("Losses") due to

a)  discontinuation of Internet connectivity for any reason whatsoever,

b) damage to the Equipment or Client's office due to any reason, including without limitation, fire, theft, water leakage, earthquake and all acts of God, and

c) loss of income to Client, damage to Client's software, or losses due to any other possible incident (together "Losses"). In any case, Client shall hold GSCOLO, its employees, agents and assigns harmless against all Losses to Client.

9. Client shall indemnify, defend and hold GSCOLO, its employees, officers, agents and assigns against all claims, losses and cause of action by anyone due to connectivity of Client's Server and Equipment to the Internet through the facilities of GSCOLO at the Data Center ("Indemnification"). This Indemnification shall include all causes of action, including without limitation, claims, suits, judgments, collection activity, and harassment.

10. GSCOLO shall have the right to discontinue service to the Client at any time, without refund, upon the sending to addresses provided to GSCOLO from client, written (US mail, facsimile or e-mail) notice stating the cause, for the following reasons:

a) Violation of the terms of service herein stated, and/or as periodically changed as stated at http://www.GSCOLO.com/terms.htm

b) False statements for personal gain at the expense of GSCOLO.

c) Failure to follow instructions of GSCOLO's staff or management while Equipment or Server is in the Data Center.

d) Attempt to remove equipment from the Data Center while a fee is outstanding.

e) Violation of any rule of the building owner.

f) Violation of law and issuance of any judicial action or governmental order to Cease-and-Desist operation of the Server and Equipment.

g) Unannounced excessive bandwidth usage for which a deposit has not or is not provided.

h) SPAM originating or relaying from, or advertising sites, on Client Server. SPAM disconnections may result in a termination fee as outlined in paragraph 5. GSCOLO may disconnect and/or terminate service to Client if Client gets listed on SpamHaus or Spews or other serious black list and may refuse service to Clients listed on the SpamHaus ROKSO list of "registry of known spam organizations."

i) Running an IRC Server, eggdrop server, botnet server, or selling "shell" hosting accounts.

j) Mismanaged server by the Client that results in, or could potentially result in, any form of harm or interruption of services provided by GSCOLO.

k) Denial of Service attacks incoming or outgoing from the Client's server.

l) Other types of abuse not specifically mentioned here but which could potentially result in, any form of harm or interruption of services provided by GSCOLO or that may harm other networks. GSCOLO reserves the right to refuse service to anyone for any reason.  

11. In the event of a dispute between the parties due to this Agreement, parties agree to submit the dispute for arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in any legal proceeding or arbitration shall be entitled to reasonable attorney fees and expenses whether or not the dispute is resolved through arbitration or court. Any legal dispute shall be in the Los Angeles jurisdiction. Billing disputes must be sent to billing@GSCOLO.com within three (3) months of the date of the charge. GSCOLO shall apply credit to the Client's account for any incorrect charge disputed within three (3) months of the date of the charge. No claim may be brought for any dispute arising from this Agreement more than three (3) months from the date of the occurrence which gives rise to the dispute.

12. This Agreement shall be the only agreement between the parties. All prior written and verbal representations and communications between the parties shall be null and void. Amendments to this agreement shall be in writing, executed by Client and GSCOLO. If, Client is a person, he or she, shall personally guarantee this Agreement. If Client is a legal entity such as a corporation, partnership, limited liability company, etc., and GSCOLO has not specifically approved the credit of such entity, the Guarantor herein below shall fully and personally guarantee the performance of this Agreement. Client agrees to supply a copy of current Identification -- either current driver's license, state issued ID card -- or current passport for the purpose of GSCOLO performing a one-time identity verification. A one-time identity verification is performed in order to confirm your mailing address and to establish credit for unpaid services.

13. Unless terminated by providing thirty (30) days notice by sending email to billing@GSCOLO.com, the term of this contract shall extend for one additional month. Unless otherwise stated, this is a month-to-month contract.

14. In the event of nonpayment by Client for more than sixty (60) days following the due date of the oldest unpaid term, Client surrenders all colocated equipment to the ownership of GSCOLO. GSCOLO will perform a blind, secure destruction of all data before disposing of or repurposing the equipment.