Terms Of Services

Important Legal Agreements

Host Gate provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of HostGate are subject to the following terms of service:

Indemnification Policy

You agree to use all Host Gate services and facilities at your own risk. Host Gate specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Host Gate be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Host Gate harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host Gate, 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 Host Gate against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Host Gate’s server.

Host Gate reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a tsalerd party Copyright infringement any defective products sold to customer from Host Gate’s server. Host Gate shall be the sole judge of what violates tsales Policy.

We Do Not Allow Adult Web Sites To Be Hosted On Our Servers

We do not host sites with adult content. Pornography and Child pornography are prohibited, including: sexual content, or direct links to adult content elsewhere. This applies for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the Internet. Links to such material are also prohibited. Before purchasing any hosting plan, Please check our terms & conditions. There will be no refunds issued in case the web hosting account was involved in violation of our terms of service.

Billing

The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, 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.

There will be no refund for domain registration/transfer/renewal, cPanel, Plesk, Webuzo, Control Panel, Cloud, Dedicated Server, Paid Support, SSL Certificates, SpamExperts, Windows OS, SQL, and any other paid licenses.

The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting, VPS and Email hosting. Violations of the Terms of Service will waive the refund policy.

We will refund your money ONLY if you have any technical issue with our hosting services.

HostGate is not responsible for google console verification / google page insight. There will be no refund for this issue. You have to design you website as per developers for better results.

No refund will be made if your Service(s) are suspended or terminated for cause.

Your refund request has to be justified with valid technical issue faced due to hosting services.

There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won't be eligible for refund in such cases.

The refund will not cover any kind of taxes, setup fees, payment gateway commision fee, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.

The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.

The refund request placed after 30 days will not be processed and you will not be eligible for any refund.

The cancellation request should be sent through Client Area.

After sending the cancellation request, it would take 7 working days to complete the refund process.

Late Payments

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 7 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 7 days till deactivation.

CPU Resource Usage

Heavy CPU Resources Not Allow On Shared Hosting.

Security

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. HostGate will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

PHP mail() function is disabled on our some shared plans & reseller servers: Silver, Gold, Platinum, Business There will be no refund for this issue. you will have to use SMTP authentication. If you wish to send email from your website or contact forms, you will have to use SMTP authentication.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Host Gate does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Host Gate will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service.

Backups and Data Loss

Your use of this service is at your sole risk. We are providing un-managed Hosting services, Which means We do not keep any backup on shared server. Host Gate is not responsible for any kind data loss like your files, email, personal data setting etc../or which 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 Host Gate servers. Backups will not be provided for accounts that have been suspended or terminated for any reason. So keep your backup always in your system. Host Gate Do not keep any backup of site we request you to keep your backup on your local Pc. Host Gate will never responsible for your any kind data loses in any condition like site hacked or server hardware failure, server maintenance, site maintenance time, any mistake which made by you and our team on any type condition Host Gate will not responsible for data loss. We will not keep any kind of single file/thing backup on server.

Resource Usage

User may not: a) Excessive use or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces w ith an IRC (Internet Relay Chat) network. e) 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. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes. i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Examples of unacceptable material on all Shared, Reseller & servers include:

• Topsites (Warez etc.,) • 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/Video 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, Spamming/ bulk mailing/ mailing script • E-commerce website like shopping card, online sell and purchase etc also not allow. • heavy resources uses on server • hosted domain should be valid extension and which also available on all registration (mostly) if Any user account violating these main about points then that account will be suspension or termination without any pre-notice and proof.

Acceptable Use Policy

All services provided by Host Gate may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Country, State or City law is prosalebited. Tsales includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Host Gate and its employees from any claims resulting from the use of the service wsalech damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prosalebited on all Host Gate servers. Tsales includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violations are not refunded under any circumstances.

Support

For Major Issues you have to Open Ticket Or Send us E-mail, our supporting team will answer your querry within 24 hours to 48 hours depend upon nature of Issue.

Limitation of Liability

Host Gate shall not be responsible for any claimed damages, including incidental and consequential damages, wsalech may arise from Host Gate servers going off-line or being unavailable for any reason whatsoever. Furthermore, Host Gate shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Host Gate servers. All damages shall be limited to the immediate termination of service.

Disclaimer

Host Gate cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in wsalech a client would have gained if their site was functioning. Certain services provided by Host Gate are resold. Thus, certain equipment, routing, software, and programming used by Host Gate are not directly owned or written by Host Gate. Moreover, Host Gate holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as HostGate sees fit. Furthermore, HostGate retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. Host Gate shall not be responsible for any damages your business may suffer. Host Gate makes no warranties of any kind, expressed or implied for services we provide. Host Gate 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 Host Gate and its employees. The first year offer is available to new signups only. The promotional price is valid for the first 12 months on yearly payments, after which the hosting service will renew at the regular rate. We do not allow cpu more then 5% and php.ini memory limit set according to server resources. This condition applicable for all shared and reseller with Unlimited or limited hosting plans.

Changes to the TOS

Host Gate reserves the right to revise its policies at any time without notice