These Terms of Service (the "Agreement") are an agreement between HostGator.com, LLC ("HostGator", "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 HostGator.com 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.
The Service and any data you provide to HostGator 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.
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 HostGator be held liable for any lost or missing data or files resulting from a transfer to or from HostGator. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by HostGator (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, "HostGator Content"), are the property of HostGator or its licensors. No HostGator 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 HostGator 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 HostGator Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any HostGator Content. All rights to use HostGator Content that are not expressly granted in this Agreement are reserved by HostGator and HostGator's licensors.
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.
There are no refunds on dedicated servers. The forty-five (45) day money-back guarantee does not apply to dedicated servers.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify HostGator's
Billing department by calling 1-866-964-2867 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.
Hostgator 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 Hostgator; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Hostgator or others, cause Hostgator or others to incur liability, or disrupt Hostgator's business operations (as determined by Hostgator in its sole discretion); (iv) you are abusive toward Hostgator'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, Hostgator 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.
If you elect to use HostGator's Appointment Booking Service (“Booking”) to schedule appointments through the User Website, you acknowledge that you are responsible for managing and fulfilling your appointments and service offerings. BOOKING IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND HOSTGATOR MAKES NO WARRANTIES THAT THE SERVICE WILL PERFORM IN AN ERROR-FREE AND UNINTERRUPTED MANNER. HOSTGATOR HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSS OF PROFITS OR BUSINESS RESULTING FROM YOUR USE OF BOOKING.
If you elect to use the email marketing feature ("Email Marketing"), your use of Email Marketing shall be governed by the Constant Contact Website and Products Terms and Conditions of Use (the "Email Marketing Terms"). To the extent there is any conflict between the Email Marketing Terms and this Agreement, the Email Marketing Terms shall control solely with respect to your use of Email Marketing.
If you elect to use HostGator e-commerce store Services (“Store”) for selling any of your products and/or services (“Store Content”), you are solely responsible for any and all Store Content and any transactions or other activities conducted on or through the Store. Your Store activities are your responsibility and HostGator disclaims any and all liability related to any Store Content. You represent and warrant to HostGator that (i) you have all necessary rights to post or distribute such Store Content, and (ii) your Store Content does not infringe or violate the rights of any third party.
You acknowledge and agree that HostGator may, but is not obligated to, monitor your Store and may take any corrective action in HostGator's sole discretion, including without limitation removal of all or a portion of the Store Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that HostGator shall have no liability due to any corrective action that HostGator may take, including without limitation suspension or termination of your Store.
You acknowledge and agree that you are solely responsible for your compliance with the following:
■ all applicable laws and regulations related to the Store and any Store Content
including any related consumer, data privacy, and e-commerce laws;
■ taxes and fees associated with the Store, including taxes related to purchase or sale of products and services in connection with the Store;
■ customer service for the Store, including any inquiries, concerns, warranties you may offer, or claims and complaints relating to the Store;
■ fulfillment and the delivery of Store Content to your customers; and
■ visibility for all terms and policies that may apply, including but not limited to privacy policies, cookie policies, return policies, and any offered warranties.
■ Your Store Content is subject to HostGator's Acceptable Use Policy. In the event you violate this policy, HostGator reserves the right to, at any time and in our sole discretion, without notice, suspend and disable access, or remove your Store and/or Store Content without any liability to you or your customers, including without limitation, any loss of profits, revenue, data, goodwill, or other losses except where prohibited by law.
If you elect to use HostGator's LogoMaker Service ("LogoMaker") to create a logo or design for your use, you acknowledge that LogoMaker uses certain elements, including colors, fonts, icons, and other designs. These elements are also made available to other Users and, as such, any logo created by LogoMaker may be similar or identical to logos created by other Users who use LogoMaker. LOGOS CREATED BY LOGOMAKER ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND WEBSITE BUILDER MAKES NO WARRANTIES THAT THE LOGOS DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. It is your responsibility to determine (a) whether any logo created by LogoMaker is subject to any third party rights and (b) whether you may use and/or register your logo as a trademark.
You may not assign or resell your LogoMaker logo to any third party, and you may not challenge the use or registration of any other logo created by LogoMaker on behalf of another User.