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 Imaginethishosting.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 Imaginethishosting'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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