TOS
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 WebExHosting.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 WebExHosting.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. No
refund requests will be refunded on a prorated basis
of any unused time. You are required to request cancellation
just prior to your next biling period.
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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