Terms of Service [v1 10/2023]
These Terms of Service (the "Agreement") are an agreement between ServerGate LLC ("SERVERGATE", "us", "our", or the “Company”) 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 Servergate.net 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
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
- Acceptable Use Policy
- Copyright Infringement Policy
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
By registering for or using the Services, you represent and warrant that: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.
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.
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. ServerGate is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.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 ServerGate 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.
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.
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.
The Service and any data you provide to ServerGate is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
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 ServerGate be held liable for any lost or missing data or files resulting from a transfer to or from ServerGate. You are solely responsible for backing up your data in all circumstances.4. ServerGate Content
Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by ServerGate (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "ServerGate Content"), are the property of ServerGate or its licensors. No ServerGate 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 ServerGate Content.To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
Any use of ServerGate Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any ServerGate Content. All rights to use ServerGate Content that are not expressly granted in this Agreement are reserved by ServerGate and ServerGate's licensors.
5. User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, 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 ServerGate 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 ServerGate 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, ServerGate does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
ServerGate exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through ServerGate's computers, network hubs and points of presence or the Internet. ServerGate does not monitor User Content. However, you acknowledge and agree that ServerGate may, but is not obligated to, immediately take any corrective action in ServerGate'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 ServerGate shall have no liability due to any corrective action that ServerGate may take.
6. Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
7. Third Party Products and Services
Third Party ProvidersServerGate 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.
ServerGate 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. ServerGate is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
ServerGate as Reseller or Licensor
ServerGate may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-ServerGate Products"). ServerGate shall not be responsible for any changes in the Services that cause any Non-ServerGate Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-ServerGate Products, either sold, licensed or provided by ServerGate to you will not be deemed a breach of ServerGate's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-ServerGate Product are limited to those rights extended to you by the manufacturer of such Non-ServerGate Product. You are entitled to use any Non-ServerGate Product supplied by ServerGate 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-ServerGate Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-ServerGate Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by ServerGate ("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.
8. Prohibited Persons (Countries, Entities, And Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People’s Republic, or the Luhansk People’s Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, ServerGate 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 country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.9. Account Security and ServerGate Systems
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.The Services, including all related equipment, networks and network devices are provided only for authorized customer use. ServerGate 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.
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. ServerGate may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
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 ServerGate of an issue, we reserve the right to leave access to services disabled.
ServerGate 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.
10. 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. ServerGate 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 ServerGate 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 https://my.ServerGate.net11. Compatibility with the Services
You agree to cooperate fully with ServerGate in connection with ServerGate'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, ServerGate is not responsible for any delays due to your failure to timely perform your obligations.You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by ServerGate to provide the Services, which may be changed by ServerGate from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. ServerGate 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.
12. 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 ServerGate 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 ServerGate'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 two (2) days of the invoice due date. Any invoice that is outstanding for more than two (2) 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, ServerGate may suspend or terminate your account and pursue the collection costs incurred by ServerGate, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. ServerGate 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 ServerGate directly after you make a late payment to reactivate the dedicated server.
5. Domain Payments.
It is solely your responsibility to notify ServerGate's Billing department by using LiveChat after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and ServerGate 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 fifteen (15) 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. ServerGate may report any such misuse or fraudulent use, as determined in ServerGate'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 ServerGate. 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.
ServerGate 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. ServerGate does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
9. Unused coupons will expire at your next renewal if not applied by that date
13. Money-Back Guarantee, Cancellation and Refund Policy
1. Money-back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of Business hosting fees paid (the "Money-back Guarantee Refund") if you cancel within the first thirty (30) days of the Initial Term (the "Money-back Guarantee Period"). To request a Money-back Guarantee Refund, please contact our billing department by emailing billing@servergate.net or by using our online LiveChat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section 13. The Money-back Guarantee does not apply to Services with a monthly term, domain registration fees, dedicated servers (see below), administrative fees, install fees for custom software or other setup fees, or any fees for additional Services.2. The Money-back Guarantee Refund is valid for PayPal and credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods. Any refunds are made at the sole discretion of ServerGate.
3. Dedicated Servers. There are no refunds on dedicated servers. As stated above, the Money-back Guarantee does not apply to dedicated servers.
4. VPS Servers. There are no refunds on VPS servers. As stated above, the Money-back Guarantee does not apply to VPS servers.
5. DDOS Hosting. There are no refunds on DDOS Hosting. As stated above, the Money-back Guarantee does not apply to DDOS Hosting.
6. Non-refundable Products and Services. There are no refunds on dedicated servers, domain names, administrative fees, install fees for custom software, and certain add-on services including SiteLock.
7. Cancellation Process. You may terminate or cancel the Services by giving ServerGate 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) ServerGate may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of suchcancellation (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 trackingnumber stating that "Your request has been received...." ServerGate 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 email at: billing@servergate.net
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.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify ServerGate's Billing department by emailing billing@servergate.net or by using LiveChat 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.
Domain Name Fees.
If your plan includes a free domain name and you cancel within 1 year, our standard fee of $17.99 for the domain name (and any applicable taxes) (the "Domain Name Fee") will be deducted from your refund.
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 ServerGate is not responsible for any change in exchange rates between the time of payment and the time of refund.
8. Termination.
ServerGate may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to ServerGate; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm ServerGate or others, cause ServerGate or others to incur liability, or disrupt ServerGate's business operations (as determined by ServerGate in its sole discretion); (iv) you are abusive toward ServerGate's staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, ServerGate will 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.
9. Suspended Accounts.
ServerGate reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED
14. Resource Usage
Virtual Private Servers (VPS) and Dedicated Servers UsageDedicated and VPS usage is limited by the resources allocated to the specific plan you purchased.
Business Hosting Usage
Business Hosting usage is limited by the resources allocated to the specific plan you purchased.
DDOS Hosting Usage
DDOS Hosting usage is limited by the resources allocated to the specific plan you purchased.
15. Dedicated Servers
ServerGate 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. ServerGate 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 (5) days may be subject to deletion which will result in the loss of all data on the server. ServerGate will not be liable for any loss of data resulting from such deletion.16. VPS Servers
ServerGate reserves the right to reset the password on a VPS 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 vps server to prevent downtime from forced password resets. ServerGate reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. VPS servers are NOT backed up by us. It is your responsibility to maintain backups. VPS servers that have invoices outstanding for more than ten (5) days may be subject to deletion which will result in the loss of all data on the server. ServerGate will not be liable for any loss of data resulting from such deletion.17. Price Change
ServerGate 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 ServerGate through the user billing tool or through other methods of communication, including notices sent or posted by ServerGate.18. 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.19. Limitation of Liability
ServerGate SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE ServerGate PARTIES 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 ServerGate IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ServerGate'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 ServerGate 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. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ServerGate’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
20. Indemnification
You agree to indemnify, defend and hold harmless ServerGate, 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.21. 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 ServerGate and will be held at the AAA location chosen by ServerGate in Wyoming. 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, ServerGate 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 ServerGate 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 ServerGate in violation of this paragraph, you agree to pay ServerGate's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.22. Independent Contractor
ServerGate and User are independent contractors and nothing contained in this Agreement places ServerGate 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.22. 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 Wyoming. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.23. Disclaimer
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that ServerGate exercises no control over, and accepts no responsibility for, the content of the information passing through ServerGate's host computers, network hubs and points of presence or the Internet.24. Backups and Data Loss
Your use of the Services is at your sole risk. ServerGate does not maintain backups of dedicated, DDOS Hosting, Business Hosting or VPS accounts. User is solely responsible for backing-up all User Content, including any User Websites off of ServerGate’s servers. This is an affirmative duty, even if the User purchases or has third party products, such as CodeGuard. ServerGate is not responsible for the loss of any User Content.25. 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, ServerGate AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “ServerGate PARTIES”) 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. THE ServerGate PARTIES 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. THE ServerGate PARTIES 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. NO ADVICE OR INFORMATION GIVEN BY ServerGate OR ServerGate'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ServerGate DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ServerGate DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ServerGate IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.26. Disclosure to Law Enforcement
ServerGate 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.27. 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.28. Headings
The headings herein are for convenience only and are not part of this Agreement.29. Changes to the Agreement or the Services
ServerGate 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 ServerGate 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.ServerGate reserves the right to modify, change, or discontinue any aspect of the Services at any time.
30. 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.31. Waiver
No failure or delay by you or ServerGate 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.32. Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of ServerGate. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. ServerGate 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.33. 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.34. 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.Acceptable Use Policy [v1 10/2023]
This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into ServerGate's Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. ServerGate may modify this AUP at any time without notice.
The Services provided by ServerGate 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. ServerGate reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.
Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.
1. Prohibited Uses
You may not directly or indirectly use the Services in connection with any of the following, as determined in ServerGate's sole discretion:
- You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject ServerGate to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
Disclosing sensitive personal information about others;
Storing personal or sensitive information, including without limitation, "Protected Health Information" as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
Phishing or engaging in identity theft;
Distributing computer viruses, worms, Trojan horses or other malicious code;
Promoting or facilitating prostitution or sex trafficking;
Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);
Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
Gambling;
Promoting or facilitating violence or terrorist activities; or
Infringing the intellectual property or other proprietary rights of others.
- Excessive Use of Resources or Network Abuse
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
Hosting or linking to an anonymous proxy server;
Operating a file sharing site;
Hosting scripts or processes that adversely impact our systems; or
Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
- Unauthorized System Access
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation
Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
Intercepting or monitoring data without permission; or
Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of ServerGate's website or servers for any unauthorized purpose.
- Storage of Backups
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. ServerGate reserves the right to remove backups from your hosting account with or without notice.
2. Enforcement
Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
ServerGate reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to ServerGate or the Services, as determined in ServerGate's sole discretion.
Violations will be reported to law enforcement as determined by ServerGate in its sole discretion.
A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
Websites hosted on ServerGate's servers in the U.S. are generally governed by U.S. law. As a web host, ServerGate is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in ServerGate's sole discretion, orders material to be removed, ServerGate will disable access to such material.
Notwithstanding the foregoing, ServerGate users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. ServerGate reserves the right to take local legal considerations into account and to respond accordingly in ServerGate's sole discretion.
Enforcement of this AUP is at ServerGate's sole discretion.
3. Reporting Violations
To report a violation of ServerGate’s AUP or infringement of intellectual property, please complete the form here https://my.servergate.net/contact.php
Privacy Policy [v1 10/2023]
Information Collection: Account Level
At an Account Level, we collect and use information necessary to enable you to purchase and manage Services, provide you with support for those Services and to curate your experience with us. Some information is collected and used based on contractual consent and other is based on informed consent, which may be changed at any time.
Basic Account Information.
Information Collected. Our site uses forms in which you give us contact information (such as your name, address, phone number, fax number, billing information, IP address and email address) so you can create an account, place orders, register domains, request information, and request support help. As you use your account, we may also collect support requests and other related types of information that is specific to the management of your account and Services with us.
Legal Requirement. This type of information is legally and/or contractually required to be able to purchase and use Services. For example, we are required to be able to verify this type of information upon request by our payment processor. It is also required to be able to serve legal notices to you and is mandated by certain Services we offer. In addition, some Services, such as domains, require this information for you to purchase them. If you are purchasing a domain from us, we are required by law to collect and retain this information. We are further required to verify that the information provided is accurate and serve legally required notices regarding your domain(s). Consent for the collection, use and retention of this information for these purposes is considered to be contractually given for the duration of your use of such Service and any legally required retention period.
How We Use This Information.
Sending Emails. Legally Required. As noted above, we use emails to communicate with you, to confirm your placed orders, to send information that you have requested and to serve legally or contractually required communications. Legally required emails cover ICANN mandated verification emails, renewal notices and any other policy or procedure created by ICANN which governs the purchase of domains. Additionally, we may be required by law to serve notices to you such as DMCA Takedown Notices, UDRP notices, etc. Or, we may deem a change to one of our policies to be material and, therefore, determine a duty (though not a legal requirement) to inform you of this change. These types of communications do not fall under any of our opt-out procedures.
Sending Emails: Service Communications & Promotional Communications. We also may use this information when it is important for us to contact you regarding functionality changes to Services you have purchased and/or our website and provide customer service (“Service Communications”.) By creating an account with us and/or purchasing our Services, you agree to receive these types of communication and acknowledge that they are not optional. We also use this information to share details about new services and special offers we think you'll find valuable (“Promotional Communications”.) You are able to opt-out of receiving Promotional Communications (or opt-into, depending on your country of residence) through preferences in your account panel or the unsubscribe instructions contained in the email communication.
Legally Required Disclosure. We will never share your information without your permission or in ways other than as outlined in this policy. The only exceptions to this are when we are required by law, in the good faith belief that such action is necessary in order to comply with the law, or when we must comply with a legal process. Examples of these types of exceptions are court orders, subpoenas, and UDRP/URS processes. In each of these situations, we will carefully review the documentation provided and only comply if such documentation meets requisite legal standards.
Changes in Our Practices. If we change our information-handling practices or other privacy aspects, we will post those changes on this privacy statement. If we make any material changes we will notify you by means of a notice on this site prior to the change becoming effective, and we may also try to notify you through email of the privacy changes, if necessary.
Retention & Deletion of Account Information.
Personal Information Following Termination of Account. When your ServerGate account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status within our corresponding databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information, if necessary, in order to resolve disputes, enforce our agreements and/or as required by laws or regulations. Thus, it may not be immediately deleted upon request and is an approved exception to GDPR and CCPA deletion rights. By creating an account with us, using our support services and/or purchasing Services, you acknowledge and agree to these terms of retention. Information on how to close your account can be found here.
Information Collection: Site Usage
Device Information. We collect information from your devices (computers, mobile phones, tablets, etc.), such as IP address, cookie information, so that we may recognize your devices to provide you with legal notices (if required by your country of residence), support services (when you contact our support staff) and personalized experiences on our site and emails. Certain types of collection and use may be optional and controlled via our cookie tools.
Information from Others. We are dedicated to continually improving your experience on our website. Like many companies, we use third-parties to help us track browsing, identify technical issues and provide ways to enhance your overall experience. Several of the tools that we use and what they do are:
Log Files: We use information gathered about you from our site statistics via log files provided by third-party tracking partners (for example, your IP address) to help diagnose problems with our server and to administer our website. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experiences more enjoyable. This is not linked to any personally identifiable information.
Cookies: Our site uses cookies to keep track of your session information. We do link the information we store in cookies to personally identifiable information you submit while on our site.We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser’s “help” file.We also use cookies to store your username if you request to have your username remembered during login. That information will be used to pre-fill the login form at a later time. If you are referred to our website through an ad or a partner, we will store the referral information in the cookies.The use of cookies by our partners, affiliates, tracking utility company and service providers is not covered by our privacy statement. We do not have access or control over these cookies. Our tracking utility company uses session ID cookies to help us improve our site and make your browsing and purchasing experiences more enjoyable.For those customers in countries subject to GDPR and LGPD, please see your cookie preference panel for additional instructions on how to opt-in and opt-out of cookies. The cookie preference panel is accessible once you have acted upon the cookie policy pop-up.Find more information regarding the categories of cookies we use and our specific cookie policy here. By continuing to use and navigate our sites, services, applications, tools or messaging, you are agreeing to our use of cookies described in this Privacy Policy.
Gifs: Our third-party tracking utility company employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with unique identifiers, similar in function to cookies; they are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Our tracking utility company does not tie the information gathered by clear gifs to our customers’ personally identifiable information.
Contests: From time to time we request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary, and the user, therefore, has a choice whether or not to respond and disclose this information. Information requested may include contact information (such as name, email and shipping address) and demographic information (such as zip code and age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site and/or any other purpose that we explicitly disclose in the contest rules.
Testimonials: We post customer testimonials on our website which may contain personally identifiable information. We do obtain the customer's consent via email, prior to posting the testimonial, to post their name along with their testimonial. If you would like to request the removal of your testimonial from the site contact us at support@ServerGate.net
Public Blog: Our website offers a publicly accessible blog. You should be aware that any information you provide in this area may be read, collected and used by others who access it. To request removal of your personal information from our blog, contact us at support@ServerGate.net. In some cases, we may not be able to remove your personal information. If this occurs, we will let you know if we are unable to do so and why.
Third-Party Product Offerings & Websites: Our site also contains links to other third-party websites, especially where we offer their products or services. ServerGate (www.ServerGate.net) is not responsible for the privacy practices or the content of such websites. We encourage you to carefully read the privacy statement of any website you visit.
How We Share This Information
ServerGate shares information within its affiliated brands and companies. We also share information we have about you for the purposes described in this Privacy Policy, including to provide Services that you have requested. We do not share information that individually identifies our customers with companies, organizations or individuals outside of ServerGate, unless one of the following circumstances applies:
With Your Consent. We will share information with companies, organizations or individuals outside of ServerGate when we have your consent. This includes third party providers who offer products or services through our marketplace. These providers will each have their own privacy policies and will be identified in our Details for Specific Products and Services section.
Within ServerGate. Information may also be shared within ServerGate to provide support and delivery of Services you purchase.
With Partners. We may share your information with nonaffiliated companies who are:
Advertising, Analytics and Business Partners (Limited to Non-Personally Identifiable Information). We may share aggregated or pseudonymous information (including demographic information) with partners, such as measurement analytics, apps, or other companies. We do not, however, share information that personally identifies you (personally identifiable information is information such as name or email address.) When you use third-party apps, websites or other products integrated with our Services, they may collect information about your activities subject to their own terms and privacy policies.
For Legal and Other Purposes. We may access, preserve and disclose information to investigate, prevent, or take action in connection with: (i) legal process and legal requests; (ii) enforcement of our Universal Terms of Service; (iii) claims that any content violates the rights of third-parties; (iv) requests for customer service; (v) technical issues; (vi) protecting the rights, property or personal safety of ServerGate, its users or the public; (vii) establishing or exercising our legal rights or defending against legal claims; or (viii) as otherwise required by law. This may include responding to lawful governmental requests. Learn more about how we evaluate and respond to these requests here.
New Ownership. If the ownership or control of all or part of ServerGate or a specific Service changes as a result of a merger, acquisition or sale of assets, we may transfer your information to the new owner.
Questions & Suggestions
If you have questions, suggestions or wish to make a complaint, please complete a feedback form or you can contact us at ServerGate Support
