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, and without refund.
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.
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.) CANCELLATION
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 Oceanfirenetworks.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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