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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