Host4Gold is based in Hong Kong and we will not sell or rent any information given to us by a client. Furthermore we will not divulge any information regarding a client to any third party without a subpoena from a compatible court of jurisdiction in Hong Kong.

 
Data Transfer (Bandwidth)

Client may occupy only the amount of disk space on the Host4Gold' Server and utilize no more than the network bandwidth that is allotted by Host4Egold Additional fees, specified on the Hosting upgrade page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. NOTE: The bandwidth numbers available in the control panel only account for web, POP E-Mail and FTP bandwidth. If you are using excessive SMTP or sendmail, your bandwidth numbers can be higher.

CPU resources

Client may not use excessive CPU resources. This ensures a fast server environment and an equitable share of server function for all clients. Any script, streaming media, or downloads that use exceptionally high server resources (such as constant and extended mail server use) may have to be removed unless suitable arrangements are made with Host4Egold. While we will make every effort to work with the Client, Host4Gold reserves the right to immediately terminate any process and / or account that compromises the server's ability to deliver content for our clients.

Client may not install or use an IRC bouncer, IRC bot or server program (such as psyBNC). Such program processes are automatically terminated by the server, and accounts running such utilities will be deleted.

No "Sub-accounts"

Client may NOT resell space within their account. Each account is for the sole use of the Client. Evidence that space is being resold may be grounds for termination. This applies to resellers as well...each resold client is expected to have their own account.

No "SPAM"

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited E-Mail practices at Host4Gold, or otherwise, that mentions or references any domain hosted on Host4Egold' servers or parked on Host4Gold' DNS servers. (Violators will be dealt with on a case by case bases).

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files

Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.

Termination

Host4Egold reserves the right to refuse service to anyone. Host4Gold, in its sole discretion, may immediately suspend any account and/or terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse (at) host4Gold.com.

3. PAYMENT OBLIGATIONS

Service Fees

In order to provide the best possible hosting value for our clients, we require clients to make timely payments.

Hosting:

Host4Egold may apply a $10 reactivation fee for any account that has been suspended for non-payment. Host4Gold shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Host4Gold.

If Client terminates this Agreement in accordance with Section 5 thereunder, Client shall be responsible for any outstanding fees owed to Host4Gold and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate following the due date of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Host4Gold for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request.

4. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Host4Gold be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Host4Gold from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth thereunder.

5. TERM, TERMINATION & REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement upon notice to the other party. Failure of Client to remit payment is not sufficient notice for cancellation of service, and fees will continue to accrue until account deletion by Host4Egold or proper cancellation by Client.

Sections 3-10 of this agreement shall survive termination or expiration of this Agreement. Reinstatement of accounts terminated by Host4Gold will be at Host4Egold sole discretion.

6. TAXES

Client will pay and indemnify and hold Host4Egold harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

7. DISCLAIMER OF WARRANTY

THE SERVICES, THE Host4Gold' SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Host4Egold' SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Host4Egold DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Host4Egold SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL Host4Gold BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Host4Egold SITE OR ANY Host4Egold PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED THEREUNDER.

9. MISCELLANEOUS

Notices

Any notices or communication under this Agreement shall be by email and shall be deemed delivered to the party receiving such communication at the address specified below

If to Host4Gold: Host4Gold.com

If to Client:

Name and E-Mail provided for account setup.
Client agrees to keep Host4Gold updated with an accurate contact E-Mail address outside of client's domain.

Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken thereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Host4Egold. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right here under, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Host4Gold’ policies are subject to change by Host4Egold without notice. A copy of the most recent Agreement will be available on the Host4Gold Site. Continued usage of the Services after a change to this Agreement by Host4Gold or after a new policy is implemented and posted on the Host4Gold' Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Host4Egold' Site for any changes or additions.

Host4Gold is the sole owner of the information collected on this Web site. We only gather information we need to serve you better and will not - without your consent, - sell, share, or rent this information to others in ways different from what is disclosed in this statement except in cases where law requires us to do so BY COURT ORDER ISSUED BY AN AUTHORITATIVE JURISDICTION IN HONG KONG, or when it is necessary to protect Host4Gold's rights and/or property, or if circumstances necessitate acting to protect the personal safety of staff or of the public.

All information on this Web site is copyright 2004-2005 by Host4Gold - ALL Rights Reserved