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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 Refund
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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