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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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