important! these terms
and conditions (these "terms and conditions") govern the
use of the hostgcc web site, materials and services by
you and your employees and agents (collectively referred
to as "you"). by using the web site/materials/services,
you agree to all of the provisions contained or referred
to in these terms and conditions. hostgcc reserves the
right to change these terms and conditions at any time
in its sole discretion. your use of the web
site/materials/services after such changes are posted to
the web site constitutes your acceptance of the changes.
please consult these terms and conditions regularly.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order
confirmation does not signify our acceptance of your
order, nor does it constitute confirmation of the order
or our offer to sell. We reserve the right, in our sole
discretion, without prior notification, to accept or
decline your order or limit the order quantity for any
reason. For credit card payments, such payment is
subject to the approval of the financial institution
issuing the credit card and we shall not be liable in
any way if such financial institution refuses to accept
or honor the credit card for any reason. We may require,
at our option, that any order placed over certain dollar
amounts receive our pre-approval. We also may require
additional verification or information before accepting
any order.
Acceptance of Contractual
Agreement
1. Client agrees that by placing an order either by
means of electronic ordering (web order form) or
submitting a written contract, and receipt of such order
by HostGCC, that you are agreeing to our TOS, AUP, and
SLA. No modifications of said contract by customer are
allowed.
2. HostGCC will provide, and Customer will purchase and
pay for, the Services, and service fees specified in the
Order for the applicable Service Description. Customer
acknowledges that the service and service fees have been
communicated to the customer, and that he/she is aware
of all applicable charges as per contract, AUP, SLA, and
TOS. Customer also understands that any promotional
offers unless specified in contractual terms will not be
applicable to their individual service.
3. In connection with any Hosting Services, if
Customer�s actual bandwidth or disk usage in any month
exceeds allotted amount, specified in Customer�s
contract, Customer will pay HostGCC any additional fees
as specified in the Service Description. If you do not
pay, HostGCC will suspend your account until payment is
received.
Payment
Establishment of this service is contingent upon receipt
of payment from Customer to HostGCC. Subsequent payments
are due on the anniversary date of the month for that
month�s service, unless customer requests all monthly
payments to be consolidated to one specific billing
date.
Payments and Fees
Payment is due on the defined monthly recurring billing
date of each month. Credit cards that are declined for
any reason are subject to a $10.00 declination fee.
Service will be interrupted on accounts that reach 10
days past due. Service interrupted for non-payment is
subject to a $10.00 reconnect charge. Accounts not paid
by due date are subject to a $5.00 late fee.
Delinquent Accounts
HostGCC may temporarily deny service or terminate this
Agreement upon failure of Customer to pay charges when
due. Such termination or denial will not relieve
Customer of responsibility for the payment of all
accrued service fees, or any collection fees.
ACCEPTANCE OF TERMS
HostGCC ("HostGCC") makes available for your use on this
Web site (the "Site") information, documents, software
and products (collectively, the "Materials") and various
services operated by HostGCC (collectively, the
"Services"), subject to the terms and conditions set
forth in this document (the "Terms of Use"). By
accessing or using this Site, which includes your access
to or use of any of the Services/Materials, you agree to
the Terms of Use. HostGCC reserves the right to change
the Terms of Use from time to time at its sole
discretion. Your use of the Site will be subject to the
most current version of the Terms of Use posted on the
Site at the time of such use. In addition, when using
particular Services or Materials on this Site, you shall
be subject to any posted guidelines or rules applicable
to such Services or Materials that may contain terms and
conditions in addition to those in the Terms of Use. All
such guidelines or rules are hereby incorporated by
reference into the Terms of Use. If you breach any of
the Terms of Use, your authorization to use this Site
automatically terminates and you must immediately
destroy any Materials downloaded or printed from the
Site.
Account Cancellation
All requests for canceling any service / services must
be made through the HostGCC Billing Center. Confirmation
receipt of cancellation will be sent within 24 hours.
Refunds and Disputes
All payments to HostGCC are non-refundable after
Customer's 30-day money-back guarantee period. See here
for the terms of our 30 day refund policy. This includes
any setup fees and monthly fees, regardless of usage.
All billing disputes must be reported within 30 days of
the time the dispute occurred. Disputed charges to your
credit card issuer, also known as chargebacks, under the
terms and conditions of our SLA, AUP, and TOS, will
result in service interruption, as well as reconnection
fees to restore the desired service.
Acceptable Use
You may not take any action that violates our Acceptable
Use Policy, which can be found here.
Privacy Policy
HostGCC collects, stores and uses data collected from
You in accordance with the Company�s Privacy Policy.
Limited Licence
Use of certain HostGCC services grants a limited licence
to use various software products, including Plesk,
cPanel, Confixx, Directadmin and Clientexec, this list
is not exhaustive. The limited licence allows you, the
customer, to make use of such software, up to the limits
of your service, for as long as your service is current
and up to date. Upon termination of your service your
right to use such software is also terminated and any
licence keys, serial codes etc. should be returned to
HostGCC and no longer used. The limited licence grants
rights to use such software on HostGCC equipment only
and the licence cannot be used on any other equipment.
Licence For User Content
Certain Services offered on this Site accommodate or
require user-supplied information, materials or
communications (collectively, 'User Content'). Depending
upon the nature of the Service, by submitting User
Content to this Site you grant HostGCC one of the
following two types of licenses:
1. For User Content that is the result of your creative
efforts, such as examples of work you have done using
HostGCC products, you hereby grant HostGCC a worldwide,
royalty-free, non-exclusive license to reproduce and
modify (for purposes of formatting, maintenance or Site
administration only) such User Content. You also grant
HostGCC the right to distribute and publicly display and
perform such User Content for the purpose for which such
User Content was submitted to the Service. This license
will be in effect until such User Content is removed
from the Site.
2. For User Content such as comments to the HostGCC User
to User Forums, Knowledge base, you grant HostGCC an
unrestricted, worldwide, irrevocable license to use,
reproduce, display, perform, modify, transmit and
distribute such User Content, and you also agree that
HostGCC is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose. However, we
will not release your name or otherwise publicize the
fact that you submitted such User Content to us unless:
(a) we first notify you that the User Content you submit
to a particular part of the Site will be published or
otherwise used with your name on it; or (b) we are
required to do so by law.
Use And Protection Of Username And
Password
You are responsible for maintaining the confidentiality
of your username and/or password, if applicable. You are
responsible for all uses of your account, whether or not
actually or expressly authorized by you.
Warranties And Disclaimers
except as expressly provided otherwise in a written
agreement between you and hostgcc, all materials and
services on this site are provided ""as is"" without
warranty of any kind, either express or implied,
including, but not limited to, the implied warranties of
merchantability or fitness for a particular purpose, or
the warranty of non-infringement. without limiting the
foregoing, hostgcc makes no warranty that (i) the
services and materials will meet your requirements, (ii)
the services and materials will be uninterrupted,
timely, secure, or error-free, (iii) the results that
may be obtained from the use of the services or
materials will be effective, accurate or reliable, (iv)
the quality of any products, services, or information
purchased or obtained by you from the site will meet
your expectations, and (v) any errors in the software
obtained from the site will be corrected. some states or
jurisdictions do not allow the exclusion of implied
warranties or limitations on how long an implied
warranty may last, so the above limitations may not
apply to you. to the extent permissible, any implied
warranties are limited to ninety (90) days.
this site could include technical or other mistakes,
inaccuracies or typographical errors. hostgcc may make
changes to the materials and services at this site,
including the prices and descriptions of any products
listed herein, at any time without notice. the materials
or services at this site may be out of date, and hostgcc
makes no commitment to update such materials or
services.
hostgcc assumes no responsibility for errors or
omissions in the information, documents, software,
materials and/or services which are referenced by or
linked to this site. references to other corporations,
their services and products, are provided ""as is""
without warranty of any kind, either express or implied.
in no event shall hostgcc or its suppliers be liable to
you or any third party for any special, punitive,
incidental, indirect or consequential damages of any
kind, or any damages whatsoever, including, without
limitation, those resulting from loss of use, data or
profits, whether or not hostgcc has been advised of the
possibility of such damages, and on any theory of
liability, arising out of or in connection with the use
of this site or of any web site referenced or linked to
from this site. some jurisdictions prohibit the
exclusion or limitation of liability for consequential
or incidental damages, so the above limitations may not
apply to you.
the use of the services or the downloading or other
acquisition of any materials through the site is done at
your own discretion and risk and with your agreement
that you will be solely responsible for any damage to
your computer system or loss of data that results from
such activities. no advice or information, whether oral
or written, obtained by you from hostgcc or through or
from the site shall create any warranty not expressly
stated in the terms of use.
This Site contains links to third-party Web sites that
are not under the control of HostGCC. HostGCC makes no
representations whatsoever about any other Web site to
which you may have access through this Site. When you
access a non-HostGCC Web site, you do so at your own
risk and HostGCC is not responsible for the accuracy or
reliability of any information, data, opinions, advice,
or statements made on these sites or for the quality of
any products or services available on such sites.
HostGCC provides these links merely as a convenience and
the inclusion of such links does not imply that HostGCC
endorses or accepts any responsibility for the content
or uses of such Web sites.
This Site can be accessed from other countries around
the world and may contain references to HostGCC
products, services, and programs that have not been
announced in your country. These references do not imply
that HostGCC intends to announce such products, services
or programs in your country.
Entire Agreement; Amendments
These Terms and Conditions, together with the Acceptable
Use Policy and the Privacy Policy, supersede any prior
discussions, negotiations and agreements between the
parties with respect to the subject matter hereof, and
these Terms and Conditions, together with the Acceptable
Use Policy and the Privacy Policy, constitute the sole
and entire agreement between the parties with respect to
the matters covered hereby.