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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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