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USER AGREEMENT
Terms of UseLast Modified—September 13, 2007 All users of Gate's services, and all customers upon signing up for Gate's services, agree to comply with Gate's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Gate's services with due regard to the rights of other Internet users and in conformity with the requirements of Gate's network environment. The TOU are not exhaustive and Gate 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 to abuse@hostway.com. Except when expressly agreed to the contrary in writing by an authorized representative of Gate, this TOU supersedes any other agreement with Gate, whether written, oral, by conduct, or otherwise. A. Gate Web Hosting & Ecommerce Customer Restrictions A. Gate Web Hosting & Ecommerce Customer RestrictionsThe following Terms of Use apply only to Gate's Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all Gate customers:
Server ResourcesAny 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 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. SpammingSending 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'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 server, and selling or distributing software (on a Web site residing on a Gate server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Gate reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. CGI ScriptsAny 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 does not permit CGI script sharing with domains not hosted by Gate or any scripts that may be abused for UCE purposes. Chat RoomsGate 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 provides Java chat rooms that meet most users' needs and run without hindering system performance. Background Running Programs and Cron JobsGate 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 at support@hostway.com so that we can arrange set-up. IRCGate does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers. Software DistributionGate'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 sales@hostway.com to make special arrangements. Multimedia FilesMultimedia files are defined as any graphics, audio, and video files. Gate 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 DatabasesAny database stored on Gate'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 Dedicated Server Customer RestrictionsThe following Terms of Use apply only to Gate's Dedicated Server customers, and supplement the terms in sections C and D that apply to all Gate customers:
Customer Security ResponsibilitiesThe 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. IRCGate allows Dedicated Server customers the use of IRC inside the Gate network as long as the use of IRC on a Gate server does not violate any of the other terms of these TOU. As a policy, Gate will not provide vanity IRC reverse DNS records. To enforce this policy Gate does not turn the reverse address of IPs over to the customer. Authority over this information remains with Gate. Billing for Network ResourcesThe 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 Customer Terms of UseThe following Terms of Use apply to ALL Gate customers: Gate ServicesGate's services include, but are not limited to:
Ownership of Web SiteThe legal owner of customers' Web sites and accounts with Gate will be the individual or organization whose name is listed in Gate's database as the owner. Customers will fully cooperate with and abide by any and all of Gate's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Gate. Email AccountsAll 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 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 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 has the right to delete all content stored in any of customer’s spam folders or email accounts for 30 days or more. Illegal UseGate 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 services, all Gate customers certify that they and/or the organization they represent in procuring services from Gate 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. SpammingSending 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'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 server, and selling or distributing software (on a Web site residing on a Gate server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Gate reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. System and Network AbuseViolations 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 ActivitiesUse of Gate'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's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. E. Copyright ViolationsThe Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Gate customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Gate customer (per the DMCA) to Gate 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's sole discretion. DMCA Copyright Infringement Notification Requirements:
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 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 will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that Gate 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 may do so by disabling access to your entire web site. DMCA Counter Notification Requirements:
Child PornographyThe use of Gate's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Gate 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. PrivacyGate 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 urges its customers to assume that all of their on-line communications are insecure. Gate cannot take any responsibility for the security of information transmitted over Gate's facilities. Additional details on privacy and Gate's use of customer information can be found in Gate's Privacy Statement located here. Customer ResponsibilityCustomers are required to use the Gate network responsibly. This includes respecting the other customers of Gate. Gate reserves the right to suspend and/or cancel service with any customer who uses the Gate network in such a way that adversely affects other Gate customers. While Gate may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Gate does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Gate becomes aware of any violation of the TOU or other user agreements, Gate may take any action to stop or correct such violation, including, but not limited to, denying access to Gate's services and equipment or to the Internet. In addition, Gate may take action against a customer or a customer of such customer because of the activities of such customer. Gate anticipates that customers who offer Internet services will cooperate with Gate in any corrective or preventive action that Gate deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Gate policy and Gate reserves the right to take any such action even though such action may affect other customers of the Gate customer. Actions Taken by GateThe failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Gate will be the sole arbiter as to what constitutes a violation of the TOU. Gate reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Gate becomes aware of an alleged violation of its TOU, Gate will initiate an investigation. During the investigation, Gate may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Gate 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 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 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. IndemnificationGate customers agree to protect, defend, hold harmless, and indemnify Gate, any third party entity related to Gate (including, without limitation, third party vendors), and Gate'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's services. DisclaimerThe Gate 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 expressly disclaims any representation or warranty that the Gate service will be error-free, secure or uninterrupted. No oral advice or written information given by Gate, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Gate 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 InsolvencyIf a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Gate may immediately terminate provision of Gate'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 in such event. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL HOSTWAY (INCLUDING, WITHOUT LIMITATION, HOSTWAY'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 HOSTWAY'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 HOSTWAY 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 HOSTWAY SERVICES EVEN IF HOSTWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOSTWAY'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR HOSTWAY'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY HOSTWAY OR HOSTWAY'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. ModificationsGate 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's services. Certain changes to Gate's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Gate is not liable, for any and all such personalized applications and content, except as expressly agreed to by Gate. Backup of DataExcept where Gate has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Gate 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 services. Third Party LicensesGate 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 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 specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Gate liable in any way for the revocation of any license, which has been licensed to Gate. The use of the Technologies obtained from or through Gate, or any other referred third party, whether directly or indirectly, is at the sole risk of customers. Non-Gate ProductsAny mention of non-Gate products by Gate, its employees, or any third party entity related to Gate is for information purposes only and does not constitute an endorsement or recommendation by Gate. Gate disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Gate products or services. Gate's Intellectual PropertyCustomers will not, without Gate's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Gate's Web site, and customers will not use any of Gate's trademarks, service marks, copyrighted materials, or other intellectual property without Gate's express written consent. Customers will not, in any way, misrepresent their relationship with Gate, attempt to pass themselves off as Gate, or claim that customers are Gate. AssignmentCustomers may not assign or delegate their rights or obligations under the TOU or other agreement for Gate's services, either in whole or in part, without the prior written consent of Gate. Minimum Age RequirementGate 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 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 services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Gate's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Gate's services will be deemed null and void to the extent that Gate 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's services. Governing Law and SeverabilityThe TOU, and any other agreement for Gate 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 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 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 MajeureGate will not be liable for delays in its performance of the TOU or Gate services caused by circumstances beyond Gate'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 will make reasonable efforts to reduce to a minimum and mitigate 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 services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Gate. Independent ContractorsNothing 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 and its customers. Each of Gate 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 InterpretationWherever 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 ExclusivityThe TOU, and/or any other specific agreement for Gate services, constitutes the complete understanding and agreement between Gate and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Gate, 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 services is between Gate and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Gate. Third Party ProvidersYou agree that certain services may be provided by third party providers of Gate 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 ServicesFor domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Gate 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 provides the particular Proxy Services, then Gate reserves the right to suspend or terminate any or all of the services provided to you entirely in such event. RevocationGate 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’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 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 Customer Billing PolicyThe following Terms of Use constitute Gate's Billing Policy and apply to ALL Gate customers:
PaymentsAll charges are shown in US Dollars. Payments are to be made in US dollars. Gate accepts the following types of payment:
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 your credit card information, you authorize Gate 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's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Gate will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Gate, 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 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 RenewalsIn 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 StatementsGate 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
CancellationsHosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Gate's Customer Relations Team, Monday through Friday, 8:00 A.M. to 5:00 P.M. Central Time, at (1-888-255-0151). Gate's Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Gate's Billing Team via email at billing@hostway.com. Cancellation requests must be received by Gate 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. Gate is unable to cancel your account effective for a future date. Gate will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Gate as soon as possible. Gate 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's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Gate reserves the right to cancel any account, at any time, without notice, for any reason Gate considers appropriate. 30-Day Money Back GuaranteeEach of Gate'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 PolicyRefunds 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/ChargebacksGate 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's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback. Billing/Price ChangesGate's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle. 
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