Terms Of Service (TOS) relating to the actual web pages, site services, and site administration, may be addressed under separate cover by and between the Customer ( defined as end user and hereinafter, 'Customer') and The Web Developer.

1. General. A Virtual Private Server consists of the server space and software services provided to Customer, including but not limited to the HTTP service, FTP service, SMTP service, POP service, and add-ons.

2. Physical Server Set-Up and Updating. Nippon Telephone & Telegraph(NTT)/ Verio, and/or Gatman Services (hereinafter, 'Host Providers') will initially configure the Virtual Private Server for use. After the Virtual Private Server is configured, Customers will be solely responsible for all Virtual Private Server content and the management thereof, including any backup, unless instructions are expressly provided otherwise.

3. Maintenance Services. Host Providers will perform maintenance services as Host Providers determines reasonably necessary to maintain the continuous operation of the Virtual Private Server. Customer acknowledges that such maintenance may require Virtual Private Server downtime. Host Providers will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond Host Providers's control limit Host Provider's ability to do so.

4. Account Usage. Customer shall ensure that it does not, use (i) excessive amounts of CPU processing on any of Host Providers Web servers or (ii) bandwidth or disk usage in excess of the number of megabytes per month ordered by Customer, as applicable. Customer acknowledges that any violation of this policy may result in corrective action by Host Providers, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services. In the event that Host Providers elects to take any corrective action, Customer shall NOT be entitled to a refund of any fees paid in advance prior to such corrective action.

Web Site. Unless expressly instructed, the Customer shall be, solely responsible for (a) the development, operation, and maintenance of Web site and products and all content and materials appearing online, including without limitation (i) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customers or Customer's products, as applicable, (ii) ensuring that the content and materials appearing within the Web site or related to Customers or Customer's products, as applicable, do not violate or infringe upon the rights of any third party, (iii) ensuring that the content and materials appearing within the Web site or related to Customers or Customer's products, as applicable, are not libelous or otherwise illegal; (b) the final calculation and application of shipping and sales tax; (c) accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom; and (d) the security of any customer credit card numbers and related customer information, the Customer may access as a result of conducting electronic commerce transactions through the Web server software.

6. IP Address Ownership. Host Providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Host Providers and Host Providers reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

7. Caching. Customer agrees to expressly (i) grant to Host Providers (directly or indirectly) of a license to cache the entirety of customers Web site (including content supplied by third parties) hosted by Host Providers under its agreement with Customer and (ii) agreement that such caching is not infringement of any of Customer's intellectual property rights or any third party?s intellectual property rights.

8. Billing

(a) All Customers shall pay for web hosting services with a credit card. The initial non-refundable setup fee and first month's service fee are required as prepayment for all new orders from new Customers.

(b) The Customer agrees to pay the monthly Service Fee for the services provided based upon the current Price Schedule located at http://www.gatman.com/hosting - Invoices shall be charged on or about the 10th of each month.

(c) Payment for services can be made with an American Express, MasterCard, Discover, or Visa credit card. If the Customer is paying with a credit card, the credit card will be charged on or around the 10th of the month. For those credit cards that can not be cleared on or about the 10th, the Customer shall be notified and a second billing attempt will take before the 18th of the Month. All payments should be posted in United States dollars. A $15.00 service charge will be applied for all credit card disputes or chargebacks and/or returned checks.

(d) Balances not paid by the 18th of the month in which the invoice is dated will be considered past due. Accounts that are past due may be disabled at our discretion. However, Customers are notified (based on provided contact information) and may be given a predetermined time to pay any outstanding balances before accounts are disabled. Each time an account is disabled by service staff, Customer must pay a $50.00 service charge plus the full amount of any then outstanding balance on the account before the account will be reactivated. Customer is still obligated to pay the full amount of its monthly bill regardless of whether one or more of its customer accounts are disabled. If Customer requests termination of one of its customer accounts, the Service Fee is not prorated for the final month and the monthly fee is still applicable.

(g) Account reconciliations will still be allowed for up to 60 days after the original date of the invoice in question. As such, Customer does not forfeit the right to question an invoice once it has been paid. If payment is received on time, and afterwards (within the 60-day time frame) Customer discovers a bona-fide error on the part of Host Providers and notifies Host Providers of this error, such error can then be corrected. However, if Customer is responsible for the error (i.e., a typo in the domain name), Customer must contact our service department immediately, but in no event later than within 3 days of the error, in order to receive a credit for the error. Host Providers reserves the right to issue or not issue adjustments for any invoices disputed during or after the 60-day time period.

(k) All Customers are responsible for backing up their own files separately. Host Providers will provide three levels of backup, the first two on disk, and the third on tape. Should Customer need to restore files from a backup found on the primary and secondary backups, there will be no charge. There is a service charge of $150.00 for each file retrieval from the tertiary backup, or the tape backup.

9. Support

(a) Gatman Services general support is available by phone 9:00 am to 5:00 pm Monday through Friday or by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Emergency and off-hours situations relating to web hosting wil be dealt with on an "as need" basis.

(b) Host Providers support staff is largely responsible for supporting the Customers by isolating specific problems that may be encountered while using our Servers. Customizing the Server and related programs in any way for Customer's specific requirements, and administration, configuration and servicing of individual mail account settings or educating and training Customer on usage of mail, spam, virus and any and all applications are billable support services.

(c) Host Providers support staff will troubleshoot specific programming problems that may be encountered insofar as they are related to installation and configuration in the Server environment. However, Host Providers support staff will not offer technical support for third-party vendor products that are not documented on Host Provider's Web site. If Customer have a problem related to such third-party applications which is not specific to installing or running the program on one of Host Provider?s Servers, Customer must refer its questions to the vendor of the affected program.