Terms of Service

Terms and Conditions

Important Notice
All Shared and Reseller Hosting payments to HostGladiator have a 30-day Money Back Guarantee.

HostGladiator agrees to provide the client web hosting for a
monthly, annual or 2 year fee. HostGladiator will never require clients to advertise
for HostGladiator on their website in any way shape or form unless agreed upon such
as a non-profit organization receiving complimentary hosting. Clients are
allowed to use the service for business/commercial or personal websites or
content. HostGladiator reserves the right to change this agreement at any time without notice.

Contents
All services provided by HostGladiator may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any United States (or any other country) law is prohibited. This
includes, but is not limited to: copyrighted material, material that is
threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify
and hold harmless HostGladiator from any claims resulting from the use of the service
which damages the subscriber or any other party.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • 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 of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • 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

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • Hateful/Racist/Harassment oriented sites
  • 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

Background Running Programs
HostGladiator does not allow background-running programs. This includes any IRC
related software such as bouncers and bots. In certain cases we may allow
programs to run continually in the background, these are considered on a one to
one basis and an extra charge will be incurred based on system resources used
and operational maintenance needed.

Banned Scripts
You are free to use any scripts you wish provided they do not affect
the normal operations of the server and they are not mentioned specifically
above. Scripts that are commonly known for causing server disruption include
large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a
script affects normal server and/or administrative operations, HostGladiator reserves
the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.


Intellectual Property Rights
Material accessible to you through HostGladiator’s Services may be subject
to protection under the United States of America (or any other country)
copyright laws, or laws protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by the owner of such rights, you
must not use the HostGladiator Service in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any material, which
you access or receive through the HostGladiator Network. If you use a domain name in
connection with the HostGladiator Service or similar service, you must not use that
domain name in violation of any trademark, service mark, or similar rights of
any third party.

Defamation

Defamatory speech distributed over the Internet can result in
civil liability for the defamer.

Refusal of Service
HostGladiator reserves the right at its sole discretion to refuse or cancel service.
Violation of any of HostGladiator’s Rules and Regulations could result in a warning,
suspension, or possible account termination. Accounts terminated due to policy
violations will not be refunded. Free domains which have been granted for
customers paying annually are released to the customer at the end of there
hosting period. Domains terminated due to policy violations will not be released
to the customer.

Spam or Unsolicited E-Mail
You must not use the HostGladiator Network, HostGladiator equipment or any HostGladiator email
address in connection with the transmission of spam, flames, mail bombs, or
substantially similar, unsolicited email messages. Your domain may not be
referenced as originator, intermediary, or reply-to address in any of the above.
This prohibition extends to the sending of unsolicited mass mailings from
another service that in any way implicates the use of the HostGladiator Network,
HostGladiator equipment or any HostGladiator email address. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if it is sent
to a recipient who has not requested or invited the message. For purposes of
this provision, merely making one’s email address accessible to the public will
not constitute a request or invitation to receive messages.

If you are found to have spammed, HostGladiator reserves the right to disable your
domain without warning. In addition, HostGladiator may impose a $50 penalty for each
spam policy violation. HostGladiator solely reserves the right to refuse or cancel
service to known spammers. Lastly, HostGladiator reserves the right to determine what
violates this policy. As such, any violation may result in cancellation of
services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a
HostGladiator server, customer, employee, or the company directly is strictly
prohibited and is grounds for immediate termination without refund. In addition,
we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold HostGladiator (or it’s
employee’s/owners) harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable legal fees asserted against HostGladiator, 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, it’s agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless HostGladiator against liabilities arising out of; (1) any
injury to person or property caused by any products sold or otherwise
distributed in connection with HostGladiator server; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary rights of a third
party and (3) copyright infringement. Customer agrees to limit the liability of
HostGladiator to the amount paid for service.

Free Domain Offers
When this offer is being ran and you have a valid promo code:
The terms & conditions for our free domain name offer are plain and simple. We
will register the domain name for 1 year on your behalf (Only available for New Customers during sign up). All we ask is that you
stay hosting with us for a minimum of 3 months. If you stay for 3 months or
longer and then decide to leave you are free to take the domain at no charge. If
you do not stay for 3 months you will be required to pay the full price of the
domain name before your account can be cancelled.

Refund and Cancellation Policy

For payment, HostGladiator accepts Visa, MasterCard, Discover, American Express or
PayPal. HostGladiator invoices exclusively via e-mail. HostGladiator does not send out
invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding
any setup fees or domain name registrations fees incurred) if cancelled within
our thirty (30) day money-back guarantee period.  To receive this refund, you
may not be on a custom package of any sort. You must be on one of the
pre-created packages by HostGladiator that is listed on our site. You may cancel for
any reason. Refunds are not available if the account has violated any terms on this page.

However, if customer cancels fifteen (15) days before recurring monthly
billing date customer will not be billed for the next month and all payments
thereafter will be cancelled with immediate effect.

No refunds are available on SSL Certificates, Domain registrations and transfers or Dedicated server and VPS payments.

Late Payment
Please note All Payments are done automatically monthly.
Any account whose payment status is not current as of the start of the next
billing period is deemed late. Generally, customers are given a 10 day grace
period after which the account is put on suspension. Once the invoice is late a late fee of $10 will be automatically added to the invoice.

You will receive a payment reminder everyday from the start of your payment
due date. If after 30 days payment has not been received or we have not been
contacted regarding payment, your account will be terminated without any further
notice. Reactivation of closed accounts due to delinquency incurs a $15
reactivation fee as well as payment of the balance due in full. For late
payments please email billing@hostgladiator.com
to arrange payment.

Cancellation
You must use only one of following methods to deliver an official written notice
of cancellation:
Please fill out the entire Cancellation Form in the client area. On
receipt your account will be pending cancellation within 24 hours. Please
include your Name, domain name, username, password and your reason for
canceling.

Disclaimer

HostGladiator will not be responsible for any damages your business may suffer.
HostGladiator makes no warranties of any kind, expressed or implied for services we
provide. HostGladiator disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused by
HostGladiator and its employees. HostGladiator makes a 99.9% Uptime guarantee.

HostGladiator keeps weekly backups of their shared and reseller servers. No backups are stored or provided for Dedicated Servers. While HostGladiator tries its best to keep recent working backups, we are unable to provide any guarantee for the accuracy, date, or integrity of its backups. HostGladiator can accept no
responsibility for any loss of data or consequences arising from this. HostGladiator
always advises clients to back up their site data regularly for their own
protection.

HostGladiator furthermore expects that its customers who provide hosting services
(resellers) to others will ensure its customers fully comply with all applicable
laws concerning the privacy of online communications and any other policy of
HostGladiator. A customer’s failure to comply with those laws will violate this
policy.

If a customer provides hosting services (resellers) to others and decides to
cancel their reseller hosting account with HostGladiator then HostGladiator will not be
responsible for maintaining hosting for the resellers customers.

Finally, HostGladiator wishes to emphasize that in accepting services, customers
indemnify HostGladiator for the violation of any law or HostGladiator policy, that results
in loss to HostGladiator or the bringing of any claim against HostGladiator. This means
that if HostGladiator is sued because of activities of the customer that violate any
law, or this policy, the customer will pay any damages awarded against HostGladiator,
plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds
for immediate account deactivation.

Ip limits
Seo ip limit – Accounts can only use the alloted amount of ip’s that come with a
package to use toward seo. If your package does not come with an ip you will
be allowed only 1 ip address for seo. Ip’s used for ssl’s and valid uses
will never been turned down. If found frauding ip’s for seo past these limits
the account(s) will be up for suspension and or termination. Domains with a dedicated IP must be pointed to our servers else risk the dedicated IP being removed from the account.

Transfers

Our transfers team will make every effort to help you move your site to us. However,
transfers are provided as a courtesy service, and we can not make 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. We
will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

HostGladiator reserves the right to change, edit, or update the policies contained in
this document, along with the content on our website at any time for any reason
without notice.