| 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 
                                      our servers.  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.   |