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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:
- 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.
- Run any type of
interactive real-time chat applications that require
server resources. Remotely-hosted services are fully
allowed.
- Run stand-alone,
unattended server-side processes at any point in
time on the server. This includes any and all
daemons, such as IRCD.
- Run any software that
interfaces with an IRC (Internet Relay Chat)
network.
- 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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