Moosehead marketing: Managed website hosting for Maine outdoor recreation and lodging businesses

Moosehead Marketing - Managed Hosting Services

  Web Hosting for Maine Outdoor Recreation and Lodging Clients
  of John Rust Consulting
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Magnificent view of Mount Kineo across Moosehead Lake in Maine showing bright fall foliage colors
 
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Website hosting services
Terms and Conditions

Moosehead Marketing utilizes webservers and data centers operated by Hostgator, a major US hosting company, and we therefore adhere to the website hosting policies established by Hostgator. These policies are outlined below, subject to additional revisions and updates as published by Hostgator.

Our Terms have changed as of January 1, 2016

For the latest Terms of Service and Policies, visit Hostgator's Policies

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 HostGator.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 HostGator.com'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.) Software Updates

Maintaining your website's custom software is your sole responsibility, and is not included in your hosting fee. This includes installations like WordPress, phpMail, Blogs, CMS systems and eCommerce systems. For security reasons, we require the software to be maintained up to date, with a minimum being within 12 months current. Moosehead Marketing, Inc. reserves the right to discontinue services for websites that do not maintain current software and therefore might become security risks to themselves or other websites.

14.) Changes to the TOS

We reserve the right to revise its policies at any time without notice.

These Terms of Service (the "Agreement") are an agreement between HostGator.com, LLC ("HostGator" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostGator and of the HostGator.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

  1. Additional Policies and Agreements
    1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
      1. Privacy Policy
      2. Acceptable Use Policy
      3. Copyright Infringement Policy
    2. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
  2. Account Eligibility
    1. By registering for or using the Services, you represent and warrant that:
      1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
    2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. HostGator is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the HostGator Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
    3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    4. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
  3. Transfers
    Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall HostGator be held liable for any lost or missing data or files resulting from a transfer to or from HostGator. You are solely responsible for backing up your data in all circumstances.
  4. HostGator Content
    Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "HostGator Content"), are the proprietary property of HostGator or HostGator's licensors. HostGator Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostGator Content. Any use of HostGator Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any HostGator Content. All rights to use HostGator Content that are not expressly granted in this Agreement are reserved by HostGator and HostGator's licensors.
  5. User Content
    1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to HostGator that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
      Solely for purposes of providing the Services, you hereby grant to HostGator a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, HostGator does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
    2. HostGator exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through HostGator's computers, network hubs and points of presence or the Internet. HostGator does not monitor User Content. However, you acknowledge and agree that HostGator may, but is not obligated to, immediately take any corrective action in HostGator's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that HostGator shall have no liability due to any corrective action that HostGator may take.
  6. Third Party Products and Services
    1. Third Party Providers
      HostGator may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
      HostGator does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. HostGator is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
    2. HostGator as Reseller or Licensor
      HostGator may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-HostGator Products"). HostGator shall not be responsible for any changes in the Services that cause any Non-HostGator Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-HostGator Products, either sold, licensed or provided by HostGator to you will not be deemed a breach of HostGator's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-HostGator Product are limited to those rights extended to you by the manufacturer of such Non-HostGator Product. You are entitled to use any Non-HostGator Product supplied by HostGator only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-HostGator Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-HostGator Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    3. Third Party Websites
      The Services may contain links to other websites that are not owned or controlled by HostGator ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
  7. Prohibited Persons (Countries, Entities, And Individuals).
    The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, HostGator also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.
  8. Account Security and HostGator Systems.
    1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
    2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. HostGator may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
    3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. HostGator may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
    4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by HostGator of an issue, we reserve the right to leave access to services disabled.
    5. HostGator reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  9. HIPAA Disclaimer. We are not "HIPAA compliant."
    You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. HostGator does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that HostGator is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact feedback@hostgator.com.
  10. Compatibility with the Services
    1. You agree to cooperate fully with HostGator in connection with HostGator's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, HostGator is not responsible for any delays due to your failure to timely perform your obligations.
    2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by HostGator to provide the Services, which may be changed by HostGator from time to time in our sole discretion.
    3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. HostGator does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
  11. Billing and Payment Information
    1. Prepayment.
      It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    2. Autorenewal.
      Unless otherwise provided, you agree that until and unless you notify HostGator of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    3. Taxes.
      Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to HostGator's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    4. Late Payment.
      All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, HostGator may suspend or terminate your account and pursue the collection costs incurred by HostGator, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. HostGator will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
      Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact HostGator directly after you make a late payment to reactivate the dedicated server.
    5. Domain Payments.
      It is solely your responsibility to notify HostGator's Billing department via a support ticket created from http://support.hostgator.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and HostGator is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
    6. Fraud.
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. HostGator may report any such misuse or fraudulent use, as determined in HostGator's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    7. Invoice Disputes.
      You have ninety (90) days to dispute any charge or payment processed by HostGator. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
    8. Payment Card Industry Security Standard Disclaimer.
      HostGator complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. HostGator does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
  12. Money-back Guarantee
    1. Dedicated Servers.
      There are no refunds on dedicated servers. The forty-five (45) day money-back guarantee does not apply to dedicated servers.
    2. Managed shared, VPS and Reseller Services.
      HostGator offers a forty-five (45) day money- back guarantee for HostGator's managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within forty-five (45) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
  13. Cancellations and Refunds
    1. Payment Method.
      No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    2. Money-back Guarantee.
      If an account with a forty-five (45) day money-back guarantee is purchased and then cancelled within the first forty-five (45) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the HostGator Support Team (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to HostGator for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the HostGator Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
    3. Refund Eligibility.
      Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    4. Non-refundable Products and Services.
      There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at HostGator's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
    5. Cancellation Process.
      You may terminate or cancel the Services by giving HostGator written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) HostGator may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
      Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." HostGator will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at:
      1-866-964-2867
      We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
      Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
    6. Domains.
      Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify HostGator's Billing department via a support ticket created from http://support.hostgator.com to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
    7. Foreign Currencies.
      Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostGator is not responsible for any change in exchange rates between the time of payment and the time of refund.
    8. Termination
      HostGator may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm HostGator or others or cause HostGator or others to incur liability, as determined by HostGator in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, HostGator shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, HostGator may charge you for all fees due for the Services for the remaining portion of the then current term.
      UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
  14. CPU, Bandwidth and Disk Usage
    1. Permitted CPU and Disk Usage.
      All use of hosting space provided by HostGator is subject to the terms of this Agreement and the Acceptable Use Policy.
      1. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. HostGator expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. HostGator may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of HostGator's terms and conditions.
      2. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
    2. Bandwidth Usage.
      Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
  15. Uptime Guarantee.
    If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of HostGator and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://support.hostgator.com to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
  16. Reseller Terms and Client Responsibility
    1. Resellers shall ensure that each of their clients complies with this Agreement.
    2. Resellers are responsible for supporting their clients. HostGator does not provide support to clients of HostGator's resellers. If a reseller's client contacts HostGator, HostGator reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
    3. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. HostGator will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
    4. HostGator is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify HostGator from and against any and all claims made by any User arising from the reseller's acts or omissions.
    5. HostGator reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by HostGator.
    6. Resellers in the HostGator Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
  17. Shared (non-reseller accounts)
    Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
  18. Dedicated Servers
    HostGator reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. HostGator reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. HostGator will not be liable for any loss of data resulting from such deletion.
  19. Price Change
    HostGator reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by HostGator through the user billing tool or through other methods of communication, including notices sent or posted by HostGator.
  20. Coupons
    Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
  21. Limitation of Liability
    IN NO EVENT WILL HOSTGATOR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTGATOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTGATOR'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTGATOR FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  22. Indemnification
    You agree to indemnify, defend and hold harmless HostGator, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
  23. Arbitration
    By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by HostGator and will be held at the AAA location chosen by HostGator in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HostGator will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and HostGator alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against HostGator in violation of this paragraph, you agree to pay HostGator's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
  24. Independent Contractor
    HostGator and User are independent contractors and nothing contained in this Agreement places HostGator and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  25. Governing Law; Jurisdiction
    Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
  26. Disclaimer
    HostGator shall not be responsible for any damages your business may suffer. HostGator makes no warranties of any kind, expressed or implied for the Services. HostGator disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by HostGator or our employees.
  27. Backups and Data Loss
    Your use of the Services is at your sole risk. HostGator's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at HostGator's sole discretion. HostGator does not maintain backups of dedicated accounts. HostGator is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on HostGator's servers.
    Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
  28. Limited Warranty
    THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  29. Disclosure to Law Enforcement
    HostGator may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
  30. Entire Agreement.
    This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  31. Headings.
    The headings herein are for convenience only and are not part of this Agreement.
  32. Changes to the Agreement or the Services
    1. HostGator may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the HostGator website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    2. HostGator reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  33. Severability
    If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
  34. Waiver
    No failure or delay by you or HostGator to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
  35. Assignment; Successors
    You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of HostGator. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. HostGator may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  36. Force Majeure
    Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  37. Third-Party Beneficiaries
    Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Virtual Private Server TOS addendum

Domain Registration Agreement

Acceptable Use Policy

This Acceptable Use Policy governs your use of the Services and is incorporated by reference into HostGator's Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. HostGator may modify this AUP at any time without notice.

The Services provided by HostGator may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. HostGator reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

  1. Prohibited Uses

    1. Infringement of Intellectual Property Rights.

      1. Use of the Services to infringe upon another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
      2. If you believe that your intellectual property rights are being infringed upon, please email abuse@hostgator.com. For copyright infringement claims, HostGator follows the Digital Millennium Copyright Act notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.

    2. Using a shared account as a backup/storage device.

      You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

  2. Unacceptable Material

    1. Unacceptable material on our servers include without limitation:

      • Topsites
      • IRC Scripts/Bots
      • IRCD (irc servers)
      • Proxy Scripts/Anonymizers
      • Image Hosting Scripts (similar to Photobucket or Tinypic)
      • AutoSurf/PTC/PTS/PPC sites
      • IP Scanners
      • Bruteforce Programs/Scripts/Applications
      • Mail Bombers/Spam Scripts
      • Banner-Ad services (commercial banner ad rotation)
      • File Dump/Mirror Scripts (similar to rapidshare)
      • Commercial Audio Streaming (more than one or two streams)
      • Escrow/Bank Debentures
      • High-Yield Interest Programs (HYIP) or Related Sites
      • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      • Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
      • Prime Banks Programs
      • Lottery/Gambling Sites
      • MUDs/RPGs/PBBGs
      • Hacker focused sites/archives/programs
      • Sites promoting illegal activities
      • Forums and/or websites that distribute or link to warez/pirated/illegal content
      • Bank Debentures/Bank Debenture Trading Programs
      • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
      • Mailer Pro
      • Push button mail scripts
      • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
      • Tell A Friend Scripts
      • Anonymous or Bulk SMS Gateways
      • Bitcoin Miners
      • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

    2. Child Pornography Prohibited.

      Content that is potentially harmful to minors, as determined in HostGator's sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

    3. Other Prohibited Content.

      We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

  3. Unacceptable Resource Usage

    1. You may not:

      1. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
      2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
      6. Participate in any file-sharing/peer-to-peer activities
      7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
      8. Run cron entries with intervals of less than fifteen (15) minutes.
      9. Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
      10. Include the URL when using PHP include functions for including a local file. Instead of including 'http://yourdomain.com/include.php', use 'include.php' or '/home/username/public_html/include.php'.
      11. Force html to handle server-side code (like php and shtml) to help reduce usage.
      12. Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

    2. INODES.

      The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

      User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: fail: No such user here.

  4. Zero Tolerance Spam Policy

    1. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists," purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Please read http://www.hostgator.com/mailpolicy.html for our generalized mail policy. Please read http://www.hostgator.com/dedicated-mailpolicy.html for our dedicated server mail policy.
    2. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
    3. HostGator reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
    4. HostGator reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

  5. Defamation Policy

    Websites hosted on HostGator's servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, HostGator's policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, HostGator is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

  6. AUP Violations

    1. Resellers.

      If there is a violation of this AUP by one of a reseller's client's account, HostGator will suspend the website in question and will notify the reseller so that the reseller can terminate the account. HostGator may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.

    2. Direct customers.

      Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

    3. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
    4. If you feel you have discovered a violation of our AUP please report it to: abuse@hostgator.com.

Email Policy

The use of services from HostGator.com, LLC [hereafter referred to as "HostGator" constitutes agreement to these terms. You may view our Privacy Policy here.

1. Limits

There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.)

  • Hatchling package: 20 Mailman mailing lists
  • Baby package: 25 Mailman mailing lists
  • Business package: 50 Mailman mailing lists
  • Reseller and Dedicated packages: Unlimited number of Mailman mailing lists

2. Mailing Lists Rules

  1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel, under Quickinstall.

    IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

  2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.

  3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

    Email Scripts must be able to handle and document all information from a double opt-in list. This includes recording the sign-up IP address and date/time, double opt-in verification IP address and date/time, processing opt-outs (via web or email), and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, HostGator reserves the right to suspend, terminate, or deactivate your script or account.

  4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

  5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
    http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.

  6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
Terms and Conditions
Copyright 2017 Moosehead Marketing. All rights reserved.
A Website Marketing Service of John Rust Consulting

Site Updated January 2, 2017








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