USAGE POLICY

Terms of Use

 Last Modified—September 18, 2008

All users of Gate.com's services, and all customers upon signing up for Gate.com's services, agree to comply with Gate.com's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Gate.com's services with due regard to the rights of other Internet users and in conformity with the requirements of Gate.com's network environment. The TOU are not exhaustive and Gate.com reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.gate.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent toabuse@Gate.com. Except when expressly agreed to the contrary in writing by an authorized representative of Gate.com, this TOU supersedes any other agreement with Gate.com, whether written, oral, by conduct, or otherwise.

A. Gate.com Web Hosting & Ecommerce Customer Restrictions

B. Gate.com Dedicated Server Customer Restrictions

C. All Gate.com Customer Terms of Use

D. All Gate.com Customer Billing Policy

E. Copyright Violations

 

A. Gate.com Web Hosting & Ecommerce Customer Restrictions

The following Terms of Use apply only to Gate.com's Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all Gate.com customers:

Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Gate.com will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Gate.com's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Gate.com server, and selling or distributing software (on a Web site residing on a Gate.com server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Gate.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Gate.com does not permit CGI script sharing with domains not hosted by Gate.com or any scripts that may be abused for UCE purposes.

Chat Rooms
Gate.com does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Gate.com provides Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs
Gate.com may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Gate.com Support by logging into your account at  https://my.gate.com/login/login.htmand clicking on Contact Us.

IRC
Gate.com does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution
Gate.com's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact Gate.com at http://www.gate.com/contact/ to make special arrangements.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Gate.com Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files

Databases
Any database stored on Gate.com's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

 

B. Gate.com Dedicated Server Customer Restrictions
The following Terms of Use apply only to Gate.com's Dedicated Server customers, and supplement the terms in sections C and D that apply to all Gate.com customers:

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

IRC
Gate.com allows Dedicated Server customers the use of IRC inside the Gate.com network as long as the use of IRC on a Gate.com server does not violate any of the other terms of these TOU. As a policy, Gate.com will not provide vanity IRC reverse DNS records. To enforce this policy Gate.com does not turn the reverse address of IPs over to the customer. Authority over this information remains with Gate.com.

Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

 

C. All Gate.com Customer Terms of Use
The following Terms of Use apply to ALL Gate.com customers:

Gate.com Services
Gate.com's services include, but are not limited to:

  1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Gate.com provides to customers);
  2. any use by customers, or any access provided to customers by Gate.com, of computing, telecommunications, software, information, hardware, and equipment;
  3. any act, or provision of any service, by Gate.com to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
  4. any provision by Gate.com to customers, of any space, Internet connectivity, or electrical power;
  5. any access or use related to the Gate.com's Web site, including the Web site itself;
  6. any other service mentioned in the TOU;
  7. any other service provided by Gate.com to customers, whether used or not;
  8. any other Gate.com services that are used by customers, whether offered or provided by Gate.com to customers.

Ownership of Web Site
The legal owner of customers' Web sites and accounts with Gate.com will be the individual or organization whose name is listed in Gate.com's database as the owner. Customers will fully cooperate with and abide by any and all of Gate.com's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Gate.com.

Email Accounts
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 4 consecutive months or more shall be deemed abandoned and Gate.com shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).

At least 2 weeks in advance, Gate.com shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.

Gate.com has the right to delete all content stored in any of customer’s spam folders or email accounts for 30 days or more.

Illegal Use
Gate.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Gate.com services, all Gate.com customers certify that they and/or the organization they represent in procuring services from Gate.com are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Gate.com's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Gate.com server, and selling or distributing software (on a Web site residing on a Gate.com server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Gate.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities
Use of Gate.com's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Gate.com's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

 

E. Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Gate.com customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Gate.com customer (per the DMCA) to Gate.com must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Gate.com's sole discretion.

DMCA Copyright Infringement Notification Requirements:

  • Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for Gate.com to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Claimant's name, address, and telephone number(s).
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  • Send the notification via mail, email, or fax to:

    Gate.com
    Legal Department - DMCA Complaints
    3250 W. Commercial Blvd., Suite 200
    Fort Lauderdale, FL 33309-3408
    Email: legal@gate.com
    Fax: 312-236-1958

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

Gate.com is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Gate.com will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Gate.com must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Gate.com may do so by disabling access to your entire web site.

DMCA Counter Notification Requirements:

  • Physical or electronic signature of the Customer (ie., allegedly infringing web site's owner) or a person authorized to act on the Customer's behalf.
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the including URLs and specific descriptions of the infringing material at each URL.
  • The Customer's name, address, and telephone number(s).
  • A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.
  • A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer's address is located, or if the Customer's address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof).
  • Email the counter notification to legal@gate.com.

Child Pornography
The use of Gate.com's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Gate.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy
Gate.com is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Gate.com urges its customers to assume that all of their on-line communications are insecure. Gate.com cannot take any responsibility for the security of information transmitted over Gate.com's facilities. Additional details on privacy and Gate.com's use of customer information can be found in Gate.com's Privacy Statement located here.

Customer Responsibility
Customers are required to use the Gate.com network responsibly. This includes respecting the other customers of Gate.com. Gate.com reserves the right to suspend and/or cancel service with any customer who uses the Gate.com network in such a way that adversely affects other Gate.com customers. While Gate.com may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Gate.com does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Gate.com becomes aware of any violation of the TOU or other user agreements, Gate.com may take any action to stop or correct such violation, including, but not limited to, denying access to Gate.com's services and equipment or to the Internet. In addition, Gate.com may take action against a customer or a customer of such customer because of the activities of such customer. Gate.com anticipates that customers who offer Internet services will cooperate with Gate.com in any corrective or preventive action that Gate.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Gate.com policy and Gate.com reserves the right to take any such action even though such action may affect other customers of the Gate.com customer.

Actions Taken by Gate.com
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Gate.com will be the sole arbiter as to what constitutes a violation of the TOU. Gate.com reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Gate.com becomes aware of an alleged violation of its TOU, Gate.com will initiate an investigation. During the investigation, Gate.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Gate.com may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Gate.com will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Gate.com does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Gate.com.

Indemnification
Gate.com customers agree to protect, defend, hold harmless, and indemnify Gate.com, any third party entity related to Gate.com (including, without limitation, third party vendors), and Gate.com's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Gate.com's services.

Disclaimer
The Gate.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Gate.com expressly disclaims any representation or warranty that the Gate.com service will be error-free, secure or uninterrupted. No oral advice or written information given by Gate.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Gate.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Gate.com may immediately terminate provision of Gate.com's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Gate.com in such event.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL GATE.COM (INCLUDING, WITHOUT LIMITATION, GATE.COM'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING GATE.COM'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR GATE.COM SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY GATE.COM SERVICES EVEN IF GATE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL CLAIMS AND CAUSES OF ACTIONS ARISING IN CONNECTION WITH HOSTWAY OR HOSTWAY’S SERVICES ARE PERMANENTLY BARRED UNLESS THE CLAIM OR CAUSE OF ACTION IS COMMENCED WITHIN 6 MONTHS AFTER THE BASIS OF THE CLAIM OR THE CAUSE OF ACTION AROSE, REGARDLESS OF ANY STATUTORY LIMITATION PERIOD ALLOWING FOR A LONGER PERIOD. GATE.COM'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR GATE.COM'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY GATE.COM OR GATE.COM’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications
Gate.com may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Gate.com's services. Certain changes to Gate.com's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Gate.com is not liable, for any and all such personalized applications and content, except as expressly agreed to by Gate.com.

Backup of Data
Except where Gate.com has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Gate.com is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Gate.com services.

Third Party Licenses
Gate.com makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Gate.com makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Gate.com specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Gate.com liable in any way for the revocation of any license, which has been licensed to Gate.com. The use of the Technologies obtained from or through Gate.com, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Gate.com Products
Any mention of non-Gate.com products by Gate.com, its employees, or any third party entity related to Gate.com is for information purposes only and does not constitute an endorsement or recommendation by Gate.com. Gate.com disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Gate.com products or services.

Gate.com's Intellectual Property
Customers will not, without Gate.com's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Gate.com's Web site, and customers will not use any of Gate.com's trademarks, service marks, copyrighted materials, or other intellectual property without Gate.com's express written consent. Customers will not, in any way, misrepresent their relationship with Gate.com, attempt to pass themselves off as Gate.com, or claim that customers are Gate.com.

Assignment
Customers may not assign or deleGate.com their rights or obligations under the TOU or other agreement for Gate.com's services, either in whole or in part, without the prior written consent of Gate.com.

Minimum Age Requirement
Gate.com customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Gate.com customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Gate.com services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Gate.com's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Gate.com's services will be deemed null and void to the extent that Gate.com will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Gate.com's services.

Governing Law and Severability
The TOU, and any other agreement for Gate.com services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Gate.com will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Gate.com agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure
Gate.com will not be liable for delays in its performance of the TOU or Gate.com services caused by circumstances beyond Gate.com's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Gate.com will make reasonable efforts to reduce to a minimum and mitiGate.com the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Gate.com services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Gate.com.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Gate.com and its customers. Each of Gate.com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Gate.com services, constitutes the complete understanding and agreement between Gate.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Gate.com, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Gate.com services is between Gate.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Gate.com.

Third Party Providers
You agree that certain services may be provided by third party providers of Gate.com and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Proxy Services
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Gate.com or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services.  If Gate.com provides the particular Proxy Services, then Gate.com reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.

Revocation
Gate.com reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Gate.com’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Gate.com as determined at its sole reasonable discretion.  You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.

 

D. All Gate.com Customer Billing Policy
The following Terms of Use constitute Gate.com's Billing Policy and apply to ALL Gate.com customers:

Payments
All charges are shown in US Dollars. Payments are to be made in US dollars. Gate.com accepts the following types of payment:

  • Check or Money Order
  • Credit Card (VISA, MasterCard, American Express, Discover)
  • Bank Wire Transfer
  • PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Gate.com your credit card information, you authorize Gate.com to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Gate.com's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Gate.com will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Gate.com, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Billing Cycles (Terms)
Gate.com offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Gate.com that you would like to cancel your account.

Statements
Gate.com does not mail paper invoices or statements. Statements can be viewed and printed through SiteControl. Customers may elect to receive their monthly account billing statement via email. This option may be selected in SiteControl.

Fees

  • Returned (NSF) Checks
    Gate.com charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
  • Credit Card Chargebacks
    A $25.00 chargeback fee will be assessed for each credit card chargeback received by Gate.com.
  • Bank Wire Payments
    Gate.com does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Gate.com or the amount credited to your account will be less than your intended payment.
  • Reactivation
    Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if Gate.com restores your data files to your reactivated account.
  • Hosting Plan Changes
    Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
  • Platform Change
    Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.
  • Account Splits and Mergers
    Gate.com encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Gate.com separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to Gate.com’s Billing Support Team by logging into your account at  https://my.gate.com/login/login.htm and clicking on Contact Us.  

Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Gate.com's Billing Support Team by logging into your account at https://my.gate.com/login/login.htm and clicking on Contact Us Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by Gate.com a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Gate.com. Gate.com is unable to cancel your account effective for a future date. Gate.com will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Gate.com as soon as possible.

Gate.com does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Gate.com's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Gate.com reserves the right to cancel any account, at any time, without notice, for any reason Gate.com considers appropriate.

30-Day Money Back Guarantee
Each of Gate.com's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.

Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Credit Card Disputes/Chargebacks
Gate.com has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Gate.com's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes
Gate.com's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.