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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