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1.) Account Setup
We will setup your account after we have
received payment and we and/or our payment partner(s) have screened the
order(s) incase of fraud. It is your responsibility to provide us with
an email address which is not @ the domain(s) you are signing up under.
2.) Content
All services provided by us may only be used
for lawful purposes. This includes, but not limited to: copyrighted
material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against
sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists"
and "double optin" will be treated as spam. Any user who sends out spam
will have their account terminated without notice.
We reserve the right to require changes or
disable as necessary any web site, account, database, or other
component that does not comply with this policy, at its sole
discretion. We also reserves the right to make any such modifications
in an emergency at our sole discretion.
We reserve the right to charge the
holder of the account used to send any unsolicited e-mail a clean up
fee. This cost of the clean up fee is left entirely to the discretion
of HostGator.com. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for
the services received from us, in advance of the time period during
which such services are provided. You agree that until and unless you
notify HostGator.com of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
We reserve the right to change the monthly
payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole
risk. We are not responsible for files and data residing on your
account. You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and data
stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account
at any time.
Customers may cancel at any time. We
give you an unconditional 30 day money back guarantee on managed
shared hosting, and reseller solution's. Refund requests after 30 days
will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a
refund. For example, if you've had an account with us before, cancelled
and signed up again, you will not be eligible for a refund or if you
have opened a second account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for
longer then 90 seconds. There are numerous activities that could cause
such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time
chat applications that require server resources. Remotely-hosted
services are fully allowed.
c) Run stand-alone, unattended server-side
processes at any point in time on the server. This includes any and all
daemons, such as IRCD.
d) Run any software that interfaces with an
IRC (Internet Relay Chat) network.
e) Run any gaming servers such as
counter-strike, half-life, battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies depending on the hosting package you
purchase. Should your account pass the allocated amount we reserve the
right to suspend the account until the start of the next allocation,
suspend the account until more bandwidth is purchased at an additional
fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for
the overages. Unused transfer in one month cannot be carried over to
the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no full
refund will be honored, the 30 day money back guarantee does not apply.
We reserve the right to refund a prorated amount or no refund at all.
10.) Price Change
The amount you pay for hosting will never
increase from the date of purchase. We reserve the right to change
prices listed on our site, and the right to increase the amount of
resources given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend,
indemnify, save and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against us, its agents, its customers, officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by customer,
its agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless any liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with us; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any defective
products sold to customers from HostGator.com's server.
12.) Disclaimer
We will not be responsible for any damages
your business may suffer. We make no warranties of any kind, expressed
or implied for services we provide. We disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss
of data resulting from delays, no deliveries, wrong delivery, and any
and all service interruptions caused by us and our employees.
13.) Changes to the TOS
We reserve the right to revise its policies
at any time without notice.
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