Terms Of Service
This Terms of Service (TOS) agreement is an agreement between hostgill.com ("hostgill.com ", "us", "we", "our") and you ("Customer", "Client", "Member", "you", "your”, "they"). Use of any hostgill.com services constitutes acceptance and agreement to this Terms of Service (TOS) agreement as well as the hostgill.com Acceptable Use Policy (AUP) and Privacy Policy.
HOSTGILL reserves the right to terminate this TOS for any reason or no reason. HOSTGILL treserves the right to refuse service to anyone.
Service
The features and details of the Services governed by this TOS are described on our website at "hostgill.com ". Throughout this TOS, the aspects of the Services provided to you by hostgill.com , are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.
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As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account, and during the course of our business relationship. We will communicate with you by e-mail about the Service from time to time. You agree to provide us with an e-mail address that is active and monitored on a daily basis. hostgill.com has no responsibility, or liability, for interruptions in the Services that we provide, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with valid contact information. The contact in our records is considered by us to be our customer and we will communicate with this contact as the account administrator. However, if there is any dispute, we will consider the person/entity who paid for the latest billing period of the account to be the owner of the account. If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect the correct ownership and control of the Service.
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hostgill.com reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.
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HOSTGILL shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time HOSTGILL may need to preform maintenance on their services. Backups may be requested at any time if you have cPanel hosting, however HOSTGILL is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition HOSTGILL will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document.
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hostgill.com uses various technologies to screen orders for fraud prevention. Each order for new Service is subject to our fraud prevention screening. hostgill.com is not obligated to provide Service to Customer until Customers comply with all fraud prevention program requests. Any unfulfilled requests may result in account suspension and/or account cancellation. Customers may still be responsible for any Third Party Service that they may subscribe to. hostgill.com is not responsible, and Customer agrees to hold hostgill.com harmless from, any liability or damage that Customer or any third party may sustain, should Customer fail to meet the criteria of the fraud prevention controls.
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HOSTGILL may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, HOSTGILL shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA. Invalid rDNS records may be removed in our own discretion.
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HOSTGILL agrees that it shall maintain a minimum of 1Gbit/s connections to our servers. However, HOSTGILL does not guarantee any response rate or download speed beyond our control, as this is depending on Customer’s and End Users ISP connections. We do NOT guaranty a set internet speed to your server. We do recommend, however, that you take advantage of our “speed and ping” test, prior to placing your order with HOSTGILL. Your refund rights will be voided if you use more than 10% of your package’s bandwidth quota. Your service will be suspended if it receives and or sends any DDoS attack. Service activation or termination after the suspension will be in our sole discretion.
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The parties expressly recognize that, where HOSTGILL is acting solely as Customer’s Host, HOSTGILL is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where HOSTGILL is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold HOSTGILL harmless, defend HOSTGILL exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over HOSTGILL).
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Refunds are available on our Shared hosting for 15 days, there is no refund for our Wordpress Hosting, Reseller Hosting, SSL Setup Fee and any third party software, scripts like cPanel, Cloudlinux, Litespeed etc. if your account is suspended or terminated by violating our terms no refunds will be provided.No Refund policy in any domain case.
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We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.
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HOSTGILL is not responsible for copyright infringements caused by what the Customer hosted on HOSTGILL servers. if any customer will violate the copyright terms the account will be suspended and no refund will be provided.
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Pornographic material is not allowed to be hosted on our hosting services. if any client found to be doing so will be canceled immediately upon discovery and reported to the proper authorities.
Banned Services:
All the following services are banned on HOSTGILL:
- Pornographic Materials
- Anonymizers
- Phishing of any site
- Trademarked/other website copy content Not allowed
- Any type of fake site
- AutoSurf/PTC/PTS/PPC sites
- Mail Bombers/Spam Scripts
- Link generator scripts for downloading from other file dump sites
- Commercial Audio Streaming
- Virtual currency mining
- Hacker focused sites/archives/programs
- DDoS-prone applications or booters / flood scripts
- Lottery/Gambling Websites
- Gaming/Audio/Video not allowed
- Video Encoding / Streaming
Disclaimer:
HOSTGILL cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by HOSTGILL are resold. Thus, certain equipment, routing, software and programming used by HOSTGILL are not directly owned or written by HOSTGILL. Moreover, HOSTGILL holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as HOSTGILL sees fit.