Appropriate Use of Service, and Terms of Sale:
1) The procedure for setting up an account with Mountainhost is to select your preferred hosting plan, click the 'Buy Now' button for that plan, and make your payment. You will then be sent to a screen that requests you to send an email to mountainhost@mtncomp.com. When we receive that email, we will set up your hosting account. We will then notify you by email and include the instructions for making your web site live on Mountainhost's servers.
2) We require that the contents of all sites be lawful. We do not allow the hosting of copyrighted material that you do not have license to distribute; material we judge to be threatening or obscene; IRC bots; Warez; pirated software or music files; sites promoting hate or discrimination; hacker sites or hacker archives. Content of adult sites must be approved before accounts will be accepted. If you have questions about site content, please inquire before you sign up.
You may not install your own chat software. You may use the chat software that can be installed from your account's Cpanel control interface.
By accepting a Mountainhost account, you agree that Mountainhost is the sole arbiter of what constitutes a violation of this provision. You agree to indemnify and hold Mountainhost harmless from any claims resulting from the use of our services.
3) Mountainhost absolutely does not tolerate spam. Spam is defined as chain
letters, junk mail, or distribution lists that email anyone who has not given
specific permission to be included in such mailings. Any account using spam
or selling spam-related software or bulk email content will be immediately closed.
Mountainhost is the sole arbiter of what constitutes a violation of this provision.
We reserve the right to require changes to, or to disable, any web site, account,
database, or other component not in compliance with this policy. We also reserve
the right to make such modifications at our sole discretion in an emergency.
4) We require all customers to be on a recurring monthly billing plan. Currently, our payment processor is Paypal (www.paypal.com). Mountainhost does not provide printed or emailed invoices. Paypal sends an email each month notifying you when they have taken funds from your account to pay us.
5) Although our data center maintains backups, it is your responsibility to maintain a copy of your web site's files and data off of Mountainhost's servers. The useability of stored data center backups can never be guaranteed. You use Mountainhost's service at your sole risk.
6) Mountainhost reserves the right to cancel an account at any time. This will never be done unless it is clear that an account is violating our Acceptable Use Policy or Terms of Sale.
We offer an unconditional 30 day money back guarantee to first time customers. If you wish to cancel your Mountainhost hosting account, you must notify us via email a minimum of 3 business days before your next payment is due. All billing is from month to month. We do not refund partial-month hosting fees if you cancel your account.
7) We do not allow any of the following, all of which violate our resource usage provisions:
8.) Each of Mountainhost's hosting packages contains a monthly bandwith allotment. If you exceed this allotment, we reserve the right to suspend your account until you a) purchase additional bandwith for that month; or b) upgrade your account to a package with sufficient bandwith; or c) until the beginning of the next billing period. Unused bandwith allotments do not carry over to future months.
9) You agree that you shall defend, indemnify, save and hold Mountainhost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Mountainhost, its agents, 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 HostGator.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mountainhost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Mountainhost's server.
Mountainhost is not responsible for any damages your business may suffer. Mountainhost makes no warranties of any kind, expressed or implied for services we provide. Mountainhost 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 Mountainhost and its employees.
Mountainhost reserves the right to revise its policies at any time without notice.
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