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Hostmot Terms and Conditions

The terms of service ("TOS") below is presented by Hostmot ("Hostmot", "We", "Our", "The Company") to an individual, corporate or legal entity ("you") which and must be agreed upon and signed before completion of Hostmot's service order and set up form (the "Order").

Account Setup
Payments will be verified before the account is setup. Although we promise to instantly activate your account immediately payment has been verified, we do not guarantee there would be delays during payment processing through our banks and merchants. We will not be responsible for this.
Account E-mail
It is your responsiblity to provide a valid and secure e-mail address during signup. When accounts are created, the account details are sent to this e-mail address. You will need these details to log into your account and set up your website. Also, we will use this e-mail as a primary mode of correspondence to you during which vital information may be sent. We will not be responsible if the activation e-mail we send cannot reach the provided e-mail address or your details are stolen from this address.
Transfers
We provide free service in situations where you will need your site transferred from another host to our servers. You should note that this service is a privilege and not a right and we do not guarantee a successful transfer which depends on the type of control panel used with your old host. We will not be responsible for any loss of data.
Acceptable Use Policy
Any action that you take on your server that violates this policy will be regarded as an abuse and will result in outright termination of your account. This policy is broken into smaller segments as follows:
- Content
  You are responsible for any and all content in and under your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any of the law is prohibited. Use of our services to infringe upon any copyright or trademark is prohibited.
  We do do not permit adult content on our servers.
  Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. We do not allow any content that may be constrused as offensive or illegal including, but not limited to pirated software, bit torrents, IRC, Proxies, hacker programs/archives, copyrighted MP3's, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Any site found to host perceived child pornography or linking to child pornography will be suspended immediately without notice and reported to authorities.
- Spam
  Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund.
  Sites advertised via SPAM (Spamvertised) are not permitted on our servers. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately terminated.
- Threats and unlawful conduct
  You may not use our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another company or individual will result in immediate and permanenet termination of your account(s).
- Fraud
  Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," "419 scam fraud," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Resource Usage
  If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question to preserve server integrity for other users. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degredation to other clients services. The Company is the sole arbiter as to what constitutes a violation of this provision. Clients will not use more than 30% of a systems resources for longer than 1 minute. You may not use your accounts for file storage of other accounts, backups, storing backups of dvd's, mp3's, or any files larger than 150mb. Large and plentiful files used in this manner on an active system can cause file system corruption and lead to not just your own data loss but that of others.
Backups
It is your sole responsibility as a website owner to back up your account data from time to time. We will not be held responsible for any loss of data whatsoever.
Cancellation and Refund
You reserve the right to cancel your account with us at any time during the period which you have currently paid for. Hostmot does not refund any money for payment of services except in special cases which is at our own discretion.
Bandwidth
You are allocated a particular amount of bandwidth for a month. If you exceed this amount, your account will be suspended until you apply for additional bandwidth. The price will be quoted for you by our billing department upon request. You should therefore keep note of your bandwidth limit and contact our billing department for additional bandwidth or plan upgrade as the case may be.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringements and (4) any defective products sold to customers from our servers.
Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
Privacy Policy
Your information will be kept by us for billing, support and reference purposes only and would not be relesed to any third party. The only exception to this is if your account has been used for activities contrary to the Law. In this case, we respect law enforcement authorities and will provide your information to them. It is therefore you responsibility that your account is not used for something you do not know about. Always keep a strong password and change it from time to time.
Changes
We reserve the right to change this TOS at any time. Although, you will be notified through email when there is an update, we do not guarantee delivery of the e-mails at the right time. Please, endeavour to review it from time to time.