Global Exchange Technologies
Hosting Account Terms and Conditions of Use
Last Update March, 2009

These Terms and Conditions of Use (the "Agreement") govern all web sites hosted by Global Exchange Technologies.

1. Service Plan.
Customer will have the Auction Hosting Service Plan offered by Global Exchange Technologies, and agrees to receive Services according to that Service Plan.


2. Payment for Services.
Customer will pay for Services provided under this Agreement in advance by credit card authorization provided to Global Exchange Technologies Dedicated Customer will be invoiced on a month-to-month basis. When initiating Service, Customer will be charged the published setup fee for the Service Plan selected. Payment of the selected Service is due monthly in advance on the first day of each calendar month for the Service rendered for the following month. Payment may be made by check or a purchase order only by key accounts and only upon prior authorization by Global Exchange Technologies. Customer additionally authorizes periodic verification of credit worthiness. Global Exchange Technologies, in its sole discretion and judgment, may discontinue credit at any time without notice. Customer is not entitled to any refund for any unused portion of hosting, regardless of whether this hosting agreement is terminated by Customer or By Global Exchange Technologies for a violation of this agreement.

Unless otherwise stated on the face hereof, all payments are due upon receipt of invoice. On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at Global Exchange Technologies' request. A $25 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. A $15 (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for non-payment. Payment is late after the fifth (5th) day of the month. Global Exchange Technologies may change any fee, rate, or plan upon thirty (30) days notice.

3. Term; Termination.
Global Exchange Technologies reserves the right to terminate this Agreement at any time without prior notice for Customer's violation of Global Exchange Technologies' Acceptable Use Policy or as otherwise stated herein. Except as otherwise provided herein for circumstances contemplating immediate termination without notice, if either party is in default under this Agreement, the other party shall, before exercising any rights or remedies hereunder, give the defaulting party written notice of the default and a period of fifteen (15) days to cure the default. If the default is not cured within the fifteen (15)-day cure period, the non-defaulting party may, at its option, seek any other rights or remedies available to the non-defaulting party at law or at equity.


4. Compliance with Law.
Customer will use the Services offered by Global Exchange Technologies in a manner consistent with all applicable local, state and federal laws and regulations.


5. Domain Name Registration.
If Customer asks Global Exchange Technologies to register any domain name on Customer's behalf, Global Exchange Technologies will process Customer's registration request for Customer with a third party registrar. Global Exchange Technologies will not guarantee successful registration of a domain name, and will not be held liable for failure to successfully register a domain name, regardless of the cause of the failure or even if the domain appears to be available at the time you request Global Exchange Technologies to apply for registration. In any event, Customer will remain responsible for payment of all fees assessed by any domain name registrar—NOTE: some registrars assess fees and expect payment for registered domains even if Customer elects not to make commercial use of a particular domain. In such event, Customer shall make payments to the registrar. If Customer has any concerns about the domain registration process, Global Exchange Technologies recommends that Customer manage the domain registration process separately.


6. File Back-up/Viruses/Security.
Global Exchange Technologies is not responsible for Customer's files residing on Global Exchange Technologies's servers. Customer is solely responsible for independent backup of data stored on Global Exchange Technologies' servers. Global Exchange Technologies does offer its managed Dedicated Customer backup of data stored as a Service plan option. It is Customer's sole responsibility to perform anti-virus scans and otherwise monitor what may be harmful or offensive content on its hosted sites. Customer is also solely responsible for the security of its customer data and information, including but not limited to credit card information. Customer agrees to indemnify, defend and hold Global Exchange Technologies harmless from and against any liability to which it is exposed as a result of Customer's failing to implement and maintain adequate backups, anti-virus measures, or security protocols.


7. Technical Support.
Global Exchange Technologies will provide technical support consulting services via online support submission system to assist in verifying the account features of Global Exchange Technologies's intended functionality of the Customer's server and web hosting Service ("Technical Support"). The most efficient method of provisioning Technical Support will be determined by Global Exchange Technologies. The account features include various products produced by third party vendors. The Technical Support staff can assist with the setup and configuration of the server and third party products; however, the usability, custom configurations, coding and troubleshooting fall under the support offerings of the third party vendor.

Technical Support does not serve as a consultant to correct and rewrite programming code and scripting-related issues. Only Global Exchange Technologies created Services and non-customer configured Services will be supported to this extent. No e-mails from Global Exchange Technologies, including Technical Support e-mail, may be resent, distributed or posted on any media accessible to the public (including, but not limited to, any Internet site or bulletin board) by Customer, without Global Exchange Technologies' prior written consent. Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support functions or Services, including, but not limited to, maintenance or repair of Customer's hardware or custom configurations to the server. Technical Support will be provided at no charge to the Customer if made directly to either Customer or Customer's technical or administrative contact. Under no conditions, however, will Technical Support be provided to both Customer and Customer's technical or administrative contact. Customer shall be charged at Global Exchange Technologies's standard hourly rate, as may be changed from time to time, for Services not designated as Technical Support or for any Technical Support provided to someone other than Customer or Customer's technical or administrative contact. Prior to requesting support services from Global Exchange Technologies, Customer or Customer's technical contact agrees to ask Global Exchange Technologies' Technical Support personnel if the requested support services qualify as Technical Support.

Technical Support hours are 24 hours each day, except on nationally observed holidays, Christmas Eve, during departmental meetings, or when no, or limited support hours may be provided, of which Customer will be notified in advance. Technical Support hours are subject to change. Global Exchange Technologies reserves the right to limit access to Technical Support if Customer's demands become unduly excessive.

Additional Technical Support is available on a fee basis at our current rates.

8. Prohibition of Publication of Certain Material.
Customer shall not knowingly submit to Global Exchange Technologies for hosting any of the following material (including pictures, links, or any other content):

• any material that violates or infringes any copyright, domain name, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
• Global Exchange Technologies neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, or pornographic, sexually explicit, or adult nature. Global Exchange Technologies reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice.
• any material that is libelous, slanderous or otherwise defamatory as Global Exchange Technologies may determine; or
• distribution lists to be used via unsolicited electronic mail ("e-mail") or other mass electronic mailings including, but not limited to: mass-newsgroup postings, SPAM and unsolicited e-mail sent from your server, or any other Service on the Internet, which contains your domain name or any other domain name on our network;
• unsolicited e-mail, including commercial advertising and informational announcements sent without the recipient either requesting such information or otherwise explicitly expressing an interest in the material, is strictly prohibited. SPAM activity that does not originate from a Global Exchange Technologies Server but attempts to direct recipients via a link or otherwise to a site on the Global Exchange Technologies network is also a violation of this Agreement. Any unsolicited e-mail must contain instructions for the recipient to request removal from the mailing list. Links and addresses providing such a reply option must be kept current. A user shall not use another web site's mail Server to relay mail without the express permission of the web site. Since many Internet users use a dial-up connection and pay for their online time, it costs them money to receive e-mail.
• any abuse of shell account privileges including, but not limited to:

1. Use of any program/script/command, or sending messages of any kind, designed to interfere with users' terminal session, via any means, locally or by the Internet.
2. Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
3. Repeated running of CPU-intensive user-compiled programs which negatively impact other system users.
4. Running eggdrop or any other IRC bot which is connected to a remote IRC server.

Any violation of the above conditions may result in immediate termination of Customer's account without notice. Due to the public nature of the Internet, all material submitted by Customer for publication will be considered publicly accessible. Global Exchange Technologies does not screen in advance Customer's material submitted to Global Exchange Technologies for publication. Global Exchange Technologies's publication of material submitted by Customer does not create any express or implied approval by Global Exchange Technologies of such material, nor does it indicate that such material complies with the terms of this Agreement.

9. Bandwidth Utilization.
Each web-hosting plan allows for a specific amount of monthly transfer. For bandwidth utilization purposes, a month is defined as a thirty-day (30-day) period. Bandwidth utilization is dynamically and continuously measured and the allowed transfer rate is adjusted on a per-site basis based on weekly utilization values. Sites exceeding their allotted rate may be subjected to bandwidth metering and additional charges at the current rates. It is the Customer's responsibility to choose the level of transfer rate their web site needs.


10. Right to Refuse Service.
Global Exchange Technologies reserves the right to refuse Service to anyone for any reason. Global Exchange Technologies enforces this policy to ensure a professional environment for the users of our system.


11. Disclaimer of Warranties; Limitation of Liability.
Customer understands that the Internet and its related connection architecture are subject to a wide range of problems, interference, and disruption. Accordingly, Global Exchange Technologies'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Global Exchange Technologies SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GLOBAL EXCHANGE TECHNOLOGIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF Global Exchange Technologies HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF GLOBAL EXCHANGE TECHNOLOGIES' SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, GLOBAL EXCHANGE TECHNOLOGIES SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND CUSTOMER'S MONTHLY FEE FOR ANY SINGLE MONTH DURING WHICH ANY CLAIM OF LIABILITY AROSE OR THE AMOUNT PAID FOR ANY TERM AGREEMENT. Global Exchange Technologies is not liable for protection or privacy of electronic mail ("e-mail") or other information transferred through the Internet or any other network Global Exchange Technologies or its Customers may utilize.


12. Force Majeure.
Global Exchange Technologies does not represent or warrant to Customer that Customer will receive continual and uninterrupted Service during the term of this Agreement. In no event shall Global Exchange Technologies be liable to Customer for any damages resulting from or related to any failure or delay of Global Exchange Technologies to provide Service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Global Exchange Technologies' control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.


13. Indemnity.
Customer agrees to defend, indemnify and hold Global Exchange Technologies harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the Services provided by Global Exchange Technologies to Customer under this Agreement, including without limitation, claims made by third parties (including Customer's Customers) related to any false advertising claims, liability claims for products or Services sold by Customer, claims for patent, copyright, trademark, or domain name infringement, claims due to disruption or malfunction of Services provided hereunder, or for any content submitted by Customer for publication by Global Exchange Technologies, but excluding those related to the negligence of Global Exchange Technologies.


14. Resale of Global Exchange Technologies's Service.
If Customer acts as a "Reseller" of the Services provided by Global Exchange Technologies to Customer hereunder, by Customer providing similar Services to its customers, then all the terms of this Agreement shall govern the resold Services and Customer's provisioning of those Services. Without limiting the foregoing, Customer's obligations under the Section entitled Indemnity shall apply to any and all claims made against Customer and/or Global Exchange Technologies which arise out of the resale of Global Exchange Technologies' Services.


15. Governing Law and Venue.
This Agreement shall be governed by the laws of the State of Florida. Venue for any action hereunder shall be in Lee County, Florida.


16. Relationship of the Parties.
The parties intend that an Independent Contractor relationship will be created by this Agreement, and that no partnership, joint venture or employee/employer relationship is intended.


17. Taxes.
If any federal, state or local governmental entity with taxing authority over the Services provided under this Agreement imposes a tax directly on the Services provided by Global Exchange Technologies to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Global Exchange Technologies may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.


18. Waiver.
Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.


19. Attorneys' Fees.
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.


20. IP Addresses.
Global Exchange Technologies maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.


21. Cancellation.
In order to stop Service, Customer must follow the cancellation procedure located at Global Exchange Technologies's web site.

1. Setup Fees including, but not limited to, additional programming are nonrefundable.
2. All fees are due in advance of the services provided. Failure to pay in advance may result in termination of services without notice.
3. If you cancel your service you will be fully refunded the unused portion of any month's prepaid fees, (not including setup fees) once those services are no longer being provided. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.