HostG33k Terms of Service

This AUP (Acceptable Use Policy) governs the use of HostG33k’s web services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and HostG33k regarding the interpretation of this AUP, HostG33k’s interpretation, in its reasonable commercial judgment, shall govern.

 

The following is the entire Acceptable User Policy (‘AUP’) agreement between HostG33k and the personal or corporate account holder. HostG33k provides several hosting services, web design and script installation. HostG33k has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. HostG33k’s general policy is to act as a provider of Internet presence. HostG33k reserves the rights to suspend or cancel a customer’s access to any or all services provided by HostG33k when we decide that the account has been inappropriately used.

 

Most of HostG33k services are designed to serve the hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

 

HostG33k is a offers several shared hosting solutions, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. HostG33k uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

 

If you are interested in enterprise level services please contact our sales team for enterprise grade plans.

 

If you use your services consistently with the terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.

 

HostG33k Customers may not initiate the following (below), if any customer does HostG33k may suspend/terminate the account with no refund. Depending on the situation there will/won’t be warnings sent.

 

a) Use 25% or more of system CPU resources for longer than 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.

c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.

e) Run any software that interfaces with an IRC (Internet Relay Chat) network.

f) Run any file sharing, bit torrent or other P2P network services, client or server software.

g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc

 

Each of our services is designed with a specific function.  Any unapproved use of the service outside that function can result in suspension/termination of your account.

 

In most cases, if you use our services consistently with our terms of service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has.

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.

 

While most of our plans include ‘Unlimited’ bandwidth these uses also include a ‘fair use’ policy.  If you are excessively abusing the bandwidth you may incur additional charges.  Most of our clients will never have an issue with this as long as you use the services as intended.

 

You do not have to worry about hitting a storage limit if you use our services consistently with the terms of Service and our acceptable usage policy. HostG33k will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.

 

You may have noticed most of our accounts come with unlimited disk space, bandwidth, email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to ‘fair use’.  Any extreme use of any services can result in suspension or termination. 

 

You may not publish or transmit via HostG33k’s services any content that HostG33k reasonably believes:

 

a) constitutes child pornography;

b) constitutes pornography unless expressly allowed in your service agreement;

c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

e) is defamatory or violates a person’s privacy;

f) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

g) improperly exposes trade secrets or other confidential or proprietary information of another person;

h) is intended to assist others in defeating technical copyright protections;

i) clearly infringes on another person’s trade or service mark, patent, or other property right;

j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to HostG33k;

l) is otherwise malicious, fraudulent, or may result in retaliation against HostG33k by offended viewers;

HostG33k does not accept material such as:

a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.

b )Content ‘published or transmitted’ via HostG33k’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by HostG33k.

 

* HostG33k can terminate service for any of the above reasons and it’s at HostG33k’s sole discretion to issue a refund

 

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

 

Bulk commercial email, mailing lists and email reflectors are allowed on HostG33k’s servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your HostG33k Company account you must adhere to the following rules:

 

a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

c) You may not obscure the source of your e-mail in any manner.

d) You otherwise comply with the CAN SPAM Act and other applicable law.

 

These policies apply to messages sent using your HostG33k service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your HostG33k service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

 

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your HostG33k’s services.

 

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

 

a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.

b) you are otherwise permitted by established United States copyright law to copy the work in that manner.

 

HostG33k will terminate the service of repeat copyright infringers.

 

You must have valid and current information on file with your domain name registrar for any domain hosted on the HostG33k network.

 

HostG33k is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the HostG33k network.

 

You may not engage in illegal, abusive, or irresponsible behavior, including:

 

a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to HostG33k and its customers) without express authorization of the owner of the system or network;

b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

d) Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

f) Any conduct that is likely to result in retaliation against the HostG33k network.

g) Use of HostG33k’s network in a way that unreasonably interferes with HostG33k’s other customers use of the network

 

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

 

This is an agreement between HostG33k (Herein known as ‘The Company’, ‘us’, ‘we’, ‘The Provider’, or ‘The Host’, ) and the person/persons or organizations (herein known as ‘The client’,  or ‘you’) who use our services. Please read our terms carefully before purchasing any services.

 

HostG33k agrees to provide the services that you purchase through our order form at the price listed on your invoice. 

 

The governing documents for HostG33k shall be these terms, along with the acceptable use policy.

 

In the event of incorrect information listed on our website We will make every effort to negotiate a satisfactory agreement between HostG33k and you. If such an agreement is not able to be reached HostG33k is under no obligation to provide you the services at the incorrect price. Furthermore any negotiation on an incorrect price will not exceed a  1 year term. At the end of the 1 year term the company may choose to adjust your pricing to match the current price of the service being offered.

 

When purchasing services from HostG33k you choose your term on the order page. You agree to fulfill that term and then have the option to renew. If you choose not to renew you must cancel your services through our online portal. Any services not canceled will be assumed that you consent to renew you term. No refunds are offered past the 15 day money back guarantee of the initial term as listed under the Money Back Guarantee portion of this document.

 

HostG33k will offer a 100% refund on most services purchased through us up until 30 days after the date of purchase. Setup fees, license fees, any hosting add-ons, design services, or other time based services are not eligible for refund. 

 

Payments are due on the due date listed on your invoice. Invoices will be mailed out 15 days prior to your terms end date. If you have a PayPal subscription setup the payment will be automatically transferred from your PayPal account to HostG33k. If you choose to do one time payments monthly you will be responsible for making the payment manually each month. All accounts are set up on a prepaid basis. If payment is not received within 5 days of the due date you will receive a $5.00 late fee. 7 days after your due date if payment is still not received your services will be suspended. If after 30 days payment has still not been received by HostG33k your services will be terminated and data removed from our servers. At that point any outstanding balances may be forwarded to a third party collections agency. Any charges incurred by HostG33k while attempting to collect an outstanding debt will be the responsibility of the client.

 

You may cancel your services at any time through our online portal. Once your cancellation has been processed all data will be removed from our servers within 30 days. If after your services cancellation you need data backups those can be provided to you at a $10 charge up until the 30^th day. 

In the event of terminating services due to violation of this document or the acceptable use document all data may be removed immediately at the sole discretion of the company. Any balances due to HostG33k at the time of termination will continue to be due and may be turned over to collections as per our payments policy above.

 

Any activity against the server that violates this document or the acceptable use policy will be considered server abuse. Any damage to the server you are hosted on caused by you or any software that you install can be grounds for termination of your hosting account. Any fees or damages incurred by HostG33k due to some action that you have taken on the server will be your responsibility.  For information on what is and is not allowed on HostG33k servers please read our Acceptable Usage Policy.

 

While most of our services offer ‘unlimited’ disk space there is a fair use acceptability in place. If you are using the disk space contrary to the terms win this document or within the acceptable use policy your account can be terminated. While disk space abuse is very rare we do try and give notice when we note that your account is approaching this violation. We also try and make contact with the account owner prior to suspending an account for this violation. However we are not obligated to do so and any severe violations can result in immediate suspension of your hosting account until the situation is rectified. 

 

Like disk space abuse bandwidth is offered as a fair use resource. Any abuse of fair use can result in the suspension of your services until the issue is rectified. 

 

You guarantee that all information submitted during the order process is true and accurate. By signing up for our services you agree that you are at least 18 years of age. Any change of your information should be made ASAP to avoid service interruptions. 

While it is necessary to gather customer information to conduct our business you can rest assured that all of your information is safe and will never be sold or otherwise distributed to third parties. HostG33k however will comply with any and all subpoena or warrants issued by law enforcement.

 

Your account may not be transferred to another party without written approval from HostG33k.  Any transfer without HostG33k’s express consent can be grounds for termination of the account.

 

HostG33k has a 0 tolerance policy for spamming. If you are caught spamming on our servers you will be terminated immediately without notice. Anything determined to be illegal at our sole discretion regarding spamming can be reported to law enforcement. 

 

This uptime guarantee applies to all active customers in good financial standing with HostG33k at the time of the service outage.  Any pro ration would occur after 24 hours of down time.

HostG33k endeavors to have the content of your website available for http/https access by any party in the world 99% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from HostG33k to its backbone providers. Downtime is measured starting 10 minutes after notification of network failure via HostG33k online portal. If you are unable to reach the online portal you should contact the HostG33k NOC via telephone.

 

While our support staff will assist you with all areas of your hosting account our support is limited to that, your hosting account. However unlike other hosting companies we will attempt to assist with any issues you have regarding scripts, templates, and programming languages. However under no circumstances is HostG33k obligated to help you in the installations of new application modules, templates and/or programming languages. Nor in providing assistance for any errors produced by any applications that have been modified by you previously. 

 

Our primary responsibility is to our direct clients. However unlike most other companies if your clients have issues you may submit a support ticket on their behalf and we will review the issue as it relates to our services. Our additional troubleshooting services are not available to your clients. 

 

If you would like to purchase additional troubleshooting outside our standard support bounds we do offer a remote support solution. Please contact our sales department for more information on those services.

 

Each shared hosting account comes with Softaculous script installer as well as other CGI Scripts. You may use these as you wish, however HostG33k reserves the right to deactivate any script or software that interferes with normal server operation.

 

You agree to indemnify and hold harmless HostG33k, our affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney fees) brought by third party under any theory of legal liability arising out of or related to the actual or alleged use of your services in violation of applicable law or the AUP by you or any person using your login information, regardless whether such person has been authorized to use the services by you or not.

 

HostG33k does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law HostG33k disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As is” basis.

 

HostG33k shall not be held liable for any lost profits or any indirect, special incidental, consequential, or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if HostG33k has been advised or should have been aware of the possibility of such damages.

 

HostG33k reserves the right to suspend or terminate services with or without notice to the customer if

 

(I) HostG33k reasonably believes that the services are being used in violation of the AUP/TOS. 

(II) The client fails to cooperate with any reasonable investigation of any suspected violation of the AUP/TOS.

(III) HostG33k reasonably believes that the suspension of service is necessary to protect its network or its other customers or regulatory agency.

 

This agreement may be terminated by the client prior to the expiration of the initial term or any renewal term without further notice and without liability if HostG33k fails in a material way to provide the services in accordance with the terms of this agreement and does not cure the failure within ten (10) business days of the client’s written notice describing the failure in reasonable detail. 

 

This agreement may be terminated by HostG33k prior to the expiration of the initial term or any renewal term without notice and without liability as follows.

(I) Upon 30 days’ notice if the customer is overdue on the payment of any amount due under this agreement;

(II) Customer materially violates any other provision of this agreement or the AUP, and fails to cure the violation within thirty 30 days written notice from HostG33k describing the violation in detail. 

(III) Upon one (1) days’ notice if the customer’s service is used in violation of a material term of the AUP more than once or

(IV) upon one (1) days’ notice if the customer violates the Customer Information section of this agreement. 

 

The client may terminate this policy in accordance to the terms listed above under cancellations. 

 

If you break our terms of service/acceptable use policy we hold the right to cancel any services with or without notice. We will never cancel any service without trying our best to resolve the issue with you. However extreme cases such as an account containing but not limited to child pornography may be terminated without notice. We do not issue any refunds for accounts violating our terms of service or acceptable use policy. This does include terms in their first 30 days of service. This is to prevent our services being signed up for with the intent of breaching our terms of service and acceptable use policy.  

 

Customer agrees that HostG33k may without notice to the customer. 

 

(I) report to the appropriate authorities any conduct of the customer or any of the customer’s customers or end users that HostG33k believes violates applicable law and

(II) provide any information that it has about the client or any of its customers or end users in response to a formal or informal request from a law enforcement, regulatory agency or in response to a formal request in a civil action that is on its face meets the requirements for such a request.

 

The client agrees to maintain a current copy of all content hosted by HostG33k notwithstanding any agreement by HostG33k to provide backup services.

 

During any service term, a client may request up to one free restore (Reset) of your hosting services for any reason. If a customer should need to request a restore after that a one time $5 restore fee will be accessed.

 

Upgrades and other changes in HostG33k’s network, including but not limited to changes in our software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications.  HostG33k reserves the right to change its network in its commercially reasonable discretion and HostG33k shall not be liable for any resulting harm to the client.

 

Notices given to HostG33k or the client required under this agreement shall be delivered by the client through the HostG33k Portal. Any notices to the customer shall be given to the primary contact on the customer’s account through the portal. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following. Customer may change their notice address at any time through the HostG33k portal or through a support ticket.

 

HostG33k shall not be in default of any obligation under this agreement if the failure is due to any event beyond HostG33k’s direct control, including but not limited to power failure, internet outages, natural disaster, war, insurrection, epidemic, strikes, or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in this industry.

 

This agreement shall be governed by the laws of the State of North Carolina, exclusive of its choice of law principles, and the laws of the United States of America as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

 

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of an independent contractor not a partnership, joint venture, or employer/employee. Neither party will represent itself to be the agent of the other.  Each party acknowledges that it has no power of authority to bind the other on any agreement that it will not represent to any person that it has such power or authority. The terms on the customer’s order form or other business forms are not binding on HostG33k unless they are expressly incorporated into a formal written agreement signed by both parties. The following provisions will survive expiration and termination of this Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to this Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. The customer may not transfer this agreement without prior written consent of HostG33k.  HostG33k’s approval for assignment is contingent on the assignee meeting HostG33k’s credit and fraud approval criteria.  HostG33k may assign the agreement in whole or in part. This Agreement together with the order and AUP constitutes the complete and exclusive agreement between the parties regarding this subject matter and supersedes and replaces any prior understanding or communication written or oral.

 

All files stored on HostG33k servers must be legally-owned and be accompanied with a valid license or copyright. This includes but is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO files. Should we discover any unlicensed and/or illegal files within your account the files will be subject to deletion.

HostG33k fully complies with any and all DCMA requests. In the event that a DCMA is received by HostG33k proper notice will be delivered to the client and the client will have 24 hours to remove the file/files in question. Failure to remove the files can result in suspension or termination of the client’s account.  HostG33k reserves the right to impose a $25 administrative fee per request in the event that DCMA requests are received for your account. This is an attempt to keep copyrighted materials off of our servers.

 

HostG33k reserves the right to cancel a service at any time with or without notice. Any applicable credit for your service will be issued to your account accordingly. 

 

HostG33k may offer at its sole discretion promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your service. Any such promotions or modifications shall not affect your obligations under this agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this agreement shall govern. Different promotional fees and special offers may not be combined together.  

We have various special promotions that include domain names. The cost of this domain name is usually covered by the first month’s payment. As a result of this our promotions are not refundable and are not covered under our 30 day money back guarantee unless otherwise specified in the terms of the promotion. 

 

If you have questions about the terms associated with a promotion please contact our sales team through the HostG33k portal before you use the promotional code.

 

Material accessible to you through HostG33k services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use HostG33k or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the HostG33k’s network. If you use a domain name in connection with HostG33k or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

 

Customers may not use the HostG33k’s network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HostG33k will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

 

The client will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online or on your products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to your products,

(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

 

The client expressly

(i) grants to HostG33k a license to cache the entirety of your website, including content supplied by third parties, hosted by HostG33k under this Agreement and

(ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

 

HostG33k shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by HostG33k. HostG33k reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

 

The client agrees to pay HostG33k prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the HostG33k price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term. HostG33k reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from HostG33k to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by HostG33k) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to HostG33k as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. HostG33k will reinstate your domain name registration solely at HostG33k discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

 

The client agrees to pay HostG33k prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the HostG33k price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

– No response from the Registered Name Holder or Administrative Contact

 – Domain name in Registrar Lock Status

 – Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

HostG33k reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from HostG33k to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by HostG33k) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to HostG33k as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. HostG33k will reinstate your domain name registration solely at HostG33k discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

 

HostG33k reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

– No response from the Registered Name Holder or Administrative Contact

 – Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change

– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

The client agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and HostG33k will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

 

HostG33k reserves the right to refuse service to anyone. You may only use HostG33k services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of HostG33k’s management.

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that HostG33k may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, you agree that for purposes of venue this contract is entered in Asheville, North Carolina, and any dispute will be litigated or arbitrated in Asheville, North Carolina. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Asheville courts. IN NO EVENT SHALL HOSTG33K’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

 

HostG33k follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.