Terms of Services

Account Setup / Email on File

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with HostGinger, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Hostginger is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make 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. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date and only available if your previous hosting company is running cPanel. If your previous company was running a non-standard control panel, there could be a migration fee. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Content

All services provided by HostGinger may only be used for lawful purposes. The laws of the State of Arizona and The United States of America apply. If you are hosting in our Europe division, the laws of Amsterdam also apply.

The customer agrees to indemnify and hold harmless HostGinger from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be charged an administrative fee and can result in termination of your account.. If you believe that your copyright or trademark is being infringed upon, please email dmca@HostGinger.com with a valid DMCA request. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, any backups, including cPanel Backups will be automatically deleted from our servers.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Released Items
  • Public Proxy Scripts/Anonymizers (Unless they are for your private use only)
  • Pirated Software/Warez (Linking to pirated software is also not allowed, this includes sites such as MegaUpload,
  • RapidShare, etc.)
  • Public Image Hosting Scripts (Unless they are for your private use only)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Gambling/Casino Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Bulk Email Scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated (VPS) servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Nulled Scripts/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Bulk Email Scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

HostGinger services, including all related equipment, networks and network devices are provided only for authorized customer use. HostGinger systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of HostGinger system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. HostGinger may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on HostGinger’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. HostGinger.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like HostGinger and many of St ableHost’s other webhosting services and brands are re-publishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, HostGinger should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under HostGinger’s webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at abuse@HostGinger.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the FBI.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Bulk email will only be allowed on our VPS platform and must abid by all US laws regarding spam, including the CAN-SPAM act.

HostGinger reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

HostGinger reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of HostGinger.

Payment Information

You agree to supply appropriate payment for the services received from HostGinger, in advance of the time period during which such services are provided. You agree that until and unless you notify HostGinger of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of HostGinger, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify HostGinger of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by HostGinger. HostGinger provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $2.00 late fee and/or an account suspension until account balance has been paid in full. The $2.00 late fee is applied in addition to whatever else is owed to HostGinger for services rendered. Access to the account will not be restored until payment has been received. If the customer has multiple services, they risk having their other services suspended until all services are paid up to date.

HostGinger reserves the right to change the monthly payment amount and any other charges at anytime.

Any chargebacks against HostGinger will occur a $100 chargeback fee.

Backups and Data Loss

Your use of this service is at your sole risk. This service is provided to you as a courtesy. HostGinger is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostGinger servers. You can generate your own backups via the cPanel interface.

Spam

Sending or aiding (by promoting the sale or use of “Bulk Email” software or services) in the sending of unsolicited bulk email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a HostGinger email address or website URL is prohibited. The use of HostGinger servers as a mail drop for responses to activities described above is also prohibited. Linking to providers of the activities listed above is also prohibited.

30 Day Satisfaction Guarantee

30 Day Satisfaction Guarantee applies to any hosting fees paid within the first 30 days. A refund must be requested and the account must be cancelled within the first 30 days of service. If canceling your account in accordance with the Satisfaction Guarantee, any promotions received in concert with the hosting account will not be fulfilled.

Cancellation

HostGinger reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that:

  • The account violates our posted policy.
  • Payment for hosting fees is not received.

An account can be canceled voluntarily at anytime by contacting our billing department via email with your 30 day written cancellation notice. The contents of a canceled website may be deleted at anytime subsequent to account termination. Website files for canceled accounts are removed from the server 24 hours after the cancellation date and are NOT retrievable except from the archive backup

Security

Attempts to manipulate HostGinger servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to HostGinger servers, mail bombing, or other means of deliberately overloading systems.

System Abuse

This includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of HostGinger, mass emails (i.e. 300 or more email messages per day), or using disproportionate amount of system resources for CGI Scripts. HostGinger will determine what constitutes system abuse.

Software/Multimedia Distribution

Accounts cannot to be used to distribute “cracked” versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3s). Sites that contain links to pirated software or illegal contraband are also prohibited.

Policy Violation

If an account is used unlawfully or is in violation of the user policy, HostGinger reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the User Policy will be held responsible for damages to HostGinger, including but not limited to, HostGinger systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $500 clean-up fee. Determining what constitutes a policy violation is the sole discretion of HostGinger.

Adult Content

Sites containing adult material, links to adult material or adult-oriented merchandise are not permitted. The final determination of what constitutes “adult content” is made by HostGinger.

Cancellations and Refunds

HostGinger reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.

Cancellations must be done online, you can cancel your hosting account by clicking here

HostGinger gives you a 30 day money back guarantee on shared hosting, wordpress hosting and cms hosting.

There are no refunds on dedicated (VPS) servers, administrative fees, addons such as dedicated IPs, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for our money back guarantee. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

After the initial 30 days, no refunds will be issued.

Violations of the Terms of Service will waive the refund policy.

A) Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all HostGinger customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. HostGinger reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.

Enforced resource limits for shared web hosting , wordpress hosting, cms hosting and reseller packages:

10% CPU Usage
5% Memory Usage (or 512 MB)
25 Running Processes
15 Minute Max Execution Time
250,000 Total Inodes
100 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)

User may not:

  • Use 10% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP scripts, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as Counter Strike, Half-Life, Battle Field, etc…
  • Run cron entries with intervals of less than 15 minutes.
  • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

B) Inodes

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

Email Policy

The use of services from HostGinger constitutes agreement to these terms.

HostGinger is first and foremost a web hosting provider. We do offer email services as an added convenience, however, there are policies that our customers must be aware of and follow.  Customers with large mailing lists and those that need to send substantial amounts of email should consider a dedicated mailing provider. The limits listed in this document apply to each cPanel account [hereafter referred to as “account”].

1.) Limits

  1. Any attempts to bypass any mailing restrictions or limitations enumerated in this document may result in the suspension and/or termination of all related services.
  2. All accounts are limited to 100 emails sent per hour. Any mail above and beyond this limits will be failed and will be discarded without delivery.
  3. All accounts have a fair-use limit of 2400 messages per day.
  4. Any account receiving more than 20 spam reports over a rolling 30 day period, or 10 spam reports over a rolling 7 day period may, at our discretion, be required to utilize a third party mailing service for all outgoing email.
  5. Scripts which send email as a result of user activity (user registration, new comment posted, forum subscriptions, etc) should include measures to prevent abuse.
  6. “Refer a friend” and “tell a friend” type forms where a custom subject and message body can be provided by the visitor submitting the form are strictly prohibited.
  7. Direct SMTP mailers, such as DarkMailer, are not permitted.

2.) Mailing Lists

  1. Use of any list that was purchased or given to you is strictly prohibited.
  2. All mailing list subscribers must be double opt-in.
  3. All messages must contain a one click unsubscribe link with no additional steps required.
  4. Mailing lists must comply with US SPAM Laws and Guidelines such as those seen here: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
  5. All outbound mail must be relayed through our local Mail Transit Agent on port 25 or 26 unless you are using a third party dedicated mailing provider.
  6. Mailing lists may not have more than 5,000 recipients.  Splitting one list into separate lists to circumvent this limit may result in account suspension and/or termination.

3.) Forwarded Email

Messages forwarded to external mail providers via our servers may not be reported as spam regardless of their content. If you wish to report messages that were forwarded as spam, create a local email account and obtain the headers from our server, and not at the final forwarded destination.

Access to this feature may be disabled or restricted for any account as necessary to maintain our email sending and IP address reputations.

4.) Virtual Private Servers and Dedicated Servers

All Virtual Private Servers and Dedicated Servers have a daily fair-use limit of 12,000 email messages and an hourly fair-use limit of 500.

5.) Unsolicited Commercial Email [UCE] / SPAM

Any Unsolicited Commercial Email will be considered spam. Sites hosted with us may not be advertised via spam [i.e. spamvertised].

6.) Default cPanel Accounts / Catch-Alls

The default mail account created with cPanel may be emptied daily. The default account is a receive-only account and is not capable of sending mail. Often this default mailbox is ignored resulting in hundreds of thousands of emails from scripts filling this box and never being manually emptied. Should you require a catch-all, please create a regular email account in your cPanel under “Email Accounts” and then set that email address as the default (catch-all) under the option “Default Address.”

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Hostginger dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@hostginger.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. HostGinger does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. HostGinger will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Shared (Non-Reseller Accounts)

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on HostGinger.com, and the right to increase the amount of resources given to plans at any time.

Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold HostGinger harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HostGinger, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostGinger against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostGinger; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostGinger’s server.

Disclaimer

HostGinger shall not be responsible for any damages your business may suffer. HostGinger makes no warranties of any kind, expressed or implied for services we provide. HostGinger disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostGinger and its employees.

Disclosure to Law Enforcement

HostGinger may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Change to the TOS

HostGinger reserves the right to revise its policies at any time without notice.

Last Updated: January 09, 2016.