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Last update: September 5, 2001

Please review the following Terms of Service of our hosting services. You are agreeing to abide by these terms when you sign up for hosting service with us.

Relationships Resellers
Billing Referral Bonus
Content Additional Services
Termination Disclaimers
Usage Restrictions Domain Name Registration
Site Ownership Contact Information


  RELATIONSHIPS

Gates2Host.com™ is a wholly owned subsidiary of Gates2Host, Inc.

We share responsibility for service uptime with the Network Operations Center operator, and we will refund monthly fees on a pro-rated basis for any outage longer than 24 hours. We guarantee 99%+ uptime, or we will issue refunds or extend contracts in accordance with the above.


  CONTENT

We do not control, modify or screen the content of any client sites, except where it consists of the following:
  • Adult-oriented material, pornography, or obscenity as defined by law, or sites with links to them.
  • Sites which sell sex-related merchandise of any kind (videos, books, adult novelties, etc.), or sites with links to them.
  • Sites which contain text, depictions, drawings, and/or images which are construed as 'Hate speech' or sites with any links to other hate speech pages/sites.
  • Hacker/Cracker tools, or sites with links to them.
  • Spam tools, or scripts for sending anonymous bulk mail.
  • Listings of serial numbers or cracks for commercial software, or sites with links to them.
  • Pages with password lists for members-only sites (listings of passwords to allow entry into 3rd party sites), or sites with links to them.
  • "Warez" sites (containing illegal copywritten commercial software or links to sites which distribute it), or sites with links to them.
  • Download archives (shareware, MP3s, picture galleries, etc.). Note: you may have files for download at your site. Your site may not, however, be placed on our servers if its sole purpose is to provide large amounts of software downloads.
  • IRCs, Chat Rooms, MUDs, etc.
  • Domain names that contain offensive titles, even if the content is not in violation of the TOS. (For example, we will not host "freehackertoolz.com" even if the site does not contain content in violation of the TOS.)

Gates2Host.com™ SHALL BE THE SOLE ARBITER OF WHAT CONSTITUTES UNACCEPTABLE CONTENT.

VERY IMPORTANT: Any site hosted with us where the above types of content are found shall be summarily terminated without any compensation for unused time. In addition, we will forward contact information to the appropriate legal authorities and cooperate fully with them. We reserve the right to periodically reevaluate this criteria and add to it as deemed necessary.


  USAGE RESTRICTIONS

Each site enjoys a generous monthly amount of bandwidth. E-mail activity and SSH sessions do not count against this monthly limit. Sites which need more bandwidth are required to upgrade to the next plan level. Extra bandwidth is billed at $5 per GB over, or fraction thereof. Many times it is less expensive to upgrade to the next plan level, check with us for your best option.

Any site which exceeds its storage limit can upgrade the hosting plan to the next level right from the domain account Control Center. Custom solutions may be available for greater needs, contact us for your situation.

The client may not share, resell or sublease any portion of the storage space or bandwidth obtained from Gates2Host.com™.

We allow only 1 domain name to point to content within your account. You may not point a second domain at a sub-folder, or otherwise attempt to use one account for multiple sites.

Sites hosted by Gates2Host.com™ may not partake in or transact any illegal activity. This contract shall be governed by the laws of the state/province of the client.


  ZERO-TOLERANCE SPAM POLICY (Updated Mar. 2001)

While we recognize that e-mail can be a useful tool for communicating with customers and vendors, we have adopted a strict anti-spam policy to protect our clients and our own business interests.

"Spamming", or the sending of unsolicited e-mail, from a Gates2Host.com™servers or using an e-mail address or domain that is maintained on a Gates2Host.com™ machines as reference is STRICTLY prohibited. Gates2Host.com™ will be the sole arbiter as to what constitutes a violation of this provision.

* Under no circumstances can any domain account hosted with us be used for mass unsolicited e-mailings (spamming). If spamming is reported and verified, the account shall be removed from our servers without any notice and without any refund.

* "Spamvertising", which is defined as unsolicited e-mail advertising or prompting the recipient to go to a web address, or send mail to an e-mail address at a particular domain is strictly prohibited, even if the message does not originate on our network. If the message advertises or promotes a domain we host, it will be terminated.

* If more than 1 verifiable complaint is receive about a domain hosted with us - even if the spam did not originate from our servers or network - we will terminate the account without notice or refund.

To avoid potential problems, here are some guidelines:

* Most people do not appreciate or tolerate unsolicited e-mail. It is considered a nuisance by many and will not likely increase your sales, revenues or profits. In fact you can expose yourself to litigation, fines, and the loss of your hosting and/or ISP account.

* If you are using an "opt-in" list, make doubly sure that the user really opted in! Many commercial lists do not have good filtering and are in fact nothing more than a collection of harvested e-mails. Be very careful when using such a list.

* Do not advertise your site hosted by Gates2Host.com™ in unsolicited e-mails. This will only serve to get your account canceled when we receive complaints.

* Do make use of search engines, banner exchanges, paid advertising, and other means of legitimate promotion for your site.


  ADDITIONAL SERVICES

Secure Sockets Layer (SSL) hosting is included for those sites wishing to take advantage of secure online commerce. No fee is required for this feature unless you want your own certificate. We also provid SSL certificatenot for additional fees.

FrontPage server extensions, Perl/CGI scripting directories, RealAudio/Video HTTP streaming support, raw log file access, FTP access, Chili!Soft ASP and PHP4 support are included in all plans at no additional charge.


  BILLING

All plans are billed in advance for periods of 1, 3, 6, or 12 months. We accept Visa, MasterCard, American Express, Discover. Any additional setup fees or plan trade-ups will be charged against the credit card originally provided, or must be prepaid.

Renewals
For renewals, the amount of the renewal will be automatically charged to the credit card number on file for your account on the day of renewal, unless you cancel service before the renewal date. If you contact us within 48 hours of a renewal billing to cancel, we will refund the renewal fees in full. If you contact us after that point it will be assumed that you wish to continue hosting and standard termination policies will apply.

Any site which has been canceled for nonpayment or non-renewal will have to be reordered as a new account, and a new setup fee will apply.

Upgrades
You may upgrade your account online at any time. The fee is determined by how much time is left on your current contract and the new plan you select. There is no penalty to upgrade, and no additional setup fee is due.

Downgrades
You may downgrade your account online at any time. As such thing needs human interference from our server administrators to maintain the integrity of your data, we charge $15 per half-hour for downgrading.

Additional Fees
The following services are chargeable according to the schedule set below:

Additional bandwidth beyond plan allowance

$5 per GB or fraction thereof

Domain Name Change

$10


  TERMINATION

We offer a 30-day unconditional money-back guarantee. If you cancel your plan within the first 30 days, we will refund all hosting and setup fees and cancel your domain information on our servers. The client is responsible for filling out any modification forms with the appropriate registrar after canceling service. WE CAN ONLY ACCEPT E-MAIL TERMINATION REQUESTS FROM THE E-MAIL ADDRESS THAT SIGNED UP THE ACCOUNT! Telephone requests, or requests from a 3rd party will not be honored. This is for your security, to ensure no one makes unauthorized changes to your account. Alternatively, you may fax us a signed, written request along with a legible photocopy of some photo identification (such as a driver's license).

NOTE: DOMAIN REGISTRATION FEES ARE NOT REFUNDABLE

If you wish to terminate the contract after the first 30 days, but before the annual contract is up, there shall be a refund of the unused whole months of services, less a $25 early termination fee.

Resold accounts are excluded from the 30-day guarantee; the early termination fee applies to all resold account cancellations whether in the first 30 days or later. Only the Master Reseller account has the 30-day guarantee.

We reserve the right to terminate a client site for any of the following, including but not limited to: illegal activity; posting of content prohibited in "Content" above; spamming (sending mass unsolicited mailings from a domain hosted with us); attempts to breach any other member site(s) security; or any other malicious or damaging activity originating from the client site (i.e. virus attacks, e-mail bombs, etc.). We will cooperate fully with all authorities in any investigations that result from activity at a member site. Any site which has been terminated for violating these Terms Of Service is not entitled to any refund whatsoever for setup fees or unused time.


  SITE OWNERSHIP

Gates2Host.com™ makes no claim to the content of any client site. You are not obligated to display any advertisement or logo on your site. We consider sites we develop to be commissioned works. That is, you may do with them what you please at any time without hassle or difficulty from us once the work has been paid for.


  REFERRAL BONUS

For each new client sent to us by an existing client, one month shall be extended on to the end of the current client's contract at no charge. Bonuses will not be credited for referral of yourself, or for purchase of multiple sites by the same user. One bonus will be credited per new client.


  DISCLAIMERS

In the extremely unlikely event of prolonged downtime or loss of service, Gates2Host.com™ shall not be liable for any incidental losses beyond any refunds due as stated in the Terms of Service. This includes, but is not limited to: loss of productivity, lost profits, or compensation for any inconvenience. We will refund hosting fees for downtime as indicated above.

Although we take strong measures to ensure your data is safely housed and backed up daily, we cannot be held responsible for loss of data as a result of using the service. The client is strongly urged to make sure the web site content is backed up.

We make a concerted effort to ensure our clients do not violate our Terms of Service, but we cannot be held liable for any site's content other than our own. Issues of copyright, libel, or other dispute must be brought with the owner of the domain. We will cooperate fully with any criminal or civil investigations. 

The content and design of www.Gates2Host.com™ is copywritten and may not be broadcast, distributed, copied or quoted without the express consent of the owners of Gates2Host.com™.

We reserve the right to update, modify, or change the Terms of Service as needed at any time. Any substantial change of policy shall be communicated to all clients via e-mail. Any client wishing to cancel service as a result of a substantive change in the Terms of Service shall have the right to do so according to the "Termination" section above, without being assessed an early termination fee. However, after 15 days from notification of a change to the Terms of Service, continued use of the service by the client indicates acceptance of the changes to the Terms and Conditions.

Gates2Host.com™ shall be the sole arbiter of what is and is not a violation of these acceptable usage policies. In addition Gates2Host.com™ reserves the right to terminate an account at any time and for any reason that we feel is prudent and in the best interest of our company. We also reserve our right to refuse service to anyone.


CONTACT INFORMATION