We may amend these terms of service with or without notice.
If a HostGorilla.com account is used to violate our TOS, we reserve the right to terminate your service without notice. The following constitute violations of this TOS:
*Illegal use: HostGorilla.com services may not be used for illegal purposes, or in support of illegal activities.
*Threats: Use of the HostGorilla.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
*Fraudulent activity: Use of HostGorilla.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," and "chain letters."
* Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the HostGorilla.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending HostGorilla.com account.
* Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. This includes warez, mp3's, mpegs, or anything else that might violate one or more of these laws.
*Third Party Accountability: HostGorilla.com subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the TOS. We reserve the right to delete or suspend any account that violates these terms.
*Violation Of HostGorilla.com Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. * Adult images or content is not allowed at all on HostGorilla.com servers. We reserve the right to delete, suspend, or terminate any account which these materials are found on.
*Adult content is considered to be pornographic material or any other offensive content. * HostGorilla.com is not responsible for errors of any type.
*HostGorilla.com has the right to determine if a link off its server is acceptable.
*If a single file is larger then 500 megabytes in size we ask that you contact us before uploading it, due to the large percentage of illegal material that occurs over this size limit.
*Mirror sites or other types of sites that are know to require excessive amounts of bandwidth should be approved of before uploading to our servers.
*Mirror sites and or mirrored files are not allowed on the server.
*What we consider "basic tech support" is at our soul discretion and can be changed without notice. Please contact us for further details of what is currently considered basic tech support.
*We reserve the right to refuse service to anyone.
*HostGorilla.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account.
* It is at HostGorilla.com sole discretion whether or not to refund a payment during the 30 day satisfaction guarantee if the terms of service agreement is broken or abused.
* HostGorilla.com reserves the right to search through any and all files on its servers. If any files are found to break the Terms of Service Agreement we reserve the right to remove, suspend, or do anything else with these files that is found to be within our discretion. HostGorilla.com has the right to report any illegal data to the proper authorities. HostGorilla.com will be found in no way responsible for any files found on its server which were uploaded by a customer.
* HostGorilla.com bills clients in 1 month periods. If during this period a customer cancels their account they will not receive any refund. Customers cannot put their accounts on "hold" or "delay". Customers strictly pay for the time they use. *If an account is removed due to a violation we reserve the right not to refund payments.
* You are prohibited from excessive consumption of resources, including CPU time, memory, bandwidth, disk space, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of HostGorilla.com systems or networks. HostGorilla.com reserves the right to terminate or limit such activities.
*All payments are due 30 days from the first day of original billing. If payment is not received we will suspend your account and will delete all remaining data after 7 days.
*Upon accepting this TOS agreement you also accept any agreement, contract, or TOS on our website.
*HostGorilla.com reserves the right to revise, amend, or modify this TOS, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.
*Hostgorilla.com does not charge annually and retains the right to amend prices at any time. All price increases will take affect 30 days after announcement of increase.
Adult content or links to adult content are not permitted on our servers.
SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN list that people have signed up for. Spam complaints from other users will not be tolerated.
Internet Relay Chat (IRC) is not permitted on our servers in any of its many forms including but not limited to bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over-utilize the server processor.)
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so. You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. Any access to other networks connected to HostGorilla.com must comply with the rules appropriate for those other networks. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of e-mail.
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
If a site violates these terms in any way, shape or form, the site will be deleted from our network. If 2 violations occur within a 90 day period the site will be blocked from our network. Our warning schedule is below. Warning: When you (or your clients) upload illegal content you (or your clients) are knowingly violating the terms of service. Therefore there is no need for a first warning. When you upload illegal files which violate these terms you know what you are doing is against our policies. There is no second warning, the domain is deleted. You may recreate the domain, however if illegal content is found on this domain again the domain will be blocked from our servers. Questionable Situations: If we find content that is questionable and may or may not violate the terms of service we will contact you. An example of a situation like this is a band hosting their own music on our servers. However, you can avoid this step if you notify us. If you are a band or if you are planning to upload a large amount of files that are questionable please notify us before you upload so we are aware of the situation. This will keep everyone happy. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you break any of these terms and conditions, we may terminate this Agreement forthwith upon written notice. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. Accounts may be cancelled by the user with a 7 day notice. HostGorilla.com reserves the right to cancel any account with or without notice.
HostGorilla.com expects that its subscribers and resellers of our services comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate HostGorilla.com policy, and result in termination of the account. As a HostGorilla.com customer, your sole remedy for any real or imagined breech, fraud, or lack is to stop paying HostGorilla.com; that is, cancel your account. If we, in our sole judgement, have been the cause of an extensive breech of service to you, we will refund your payment for the breeched time, not to exceed thirty days. Finally, HostGorilla.com wishes to emphasize that in signing the service agreement, subscribers indemnify HostGorilla.com for any violation of the service agreement, law, or HostGorilla.com policy, that results in loss to HostGorilla.com or the bringing of any claim against HostGorilla.com by any third-party. This means that if HostGorilla.com is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against HostGorilla.com , plus costs and reasonable attorneys' fees.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
All payments must be in US Dollars. All charges payable by you for the Services shall be in accordance with the monthly payment you agreed to when we accepted your account, and shall be due and payable in advance of our service provision. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. Your Billing is based on the date that you signed up with us. (ex. If you joined us on October, 15th, 2001 Your Credit Card will be charged on the 15th of every month.)
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Headings Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse Of Resources Including but not limited to employing applications which consume excessive CPU time. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without Notice.