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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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