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.
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:
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
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
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
c) Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such as
d) Run any software that interfaces with an IRC (Internet Relay
e) Run any gaming servers such as counter-strike, half-life,
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
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.
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.
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