Hosting Terms of Service

1. Account Setup
   We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud (usually 12-48 hours). Upon completion of setup we will be contact you with further instructions. It is your responsibility to provide us with an email address that you have access to.
2. Content
   All services provided by Silvergear may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless Silvergear from any claims resulting from the use of our services. Examples of unacceptable material: IRC Bots, Warez Sites, Pirated Software, Hate sites, Hack programs and archives, Any form of Pornography.
3. Zero Tolerance Spam Policy
   We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. Silvergear reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Silvergear also reserves the right to make any such modifications in an emergency at our sole discretion. Silvergear reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Silvergear. All rights reserved.
4. Payment Information
   You agree to supply appropriate payment for the services received from Silvergear, in advance of the time period during which such services are provided. You agree that until and unless you notify Silvergear of your desire to cancel any or all services received, those services will be billed on a recurring basis. Silvergear reserves the right to change the monthly payment amount and any other charges at anytime.
5. Backups and Data Loss
   Your use of the service is at your sole risk. Silvergear is not responsible for files and 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 Silvergear servers.
6. Cancellation and Refunds
   Silvergear reserves the right to cancel the account at any time. Customers may cancel at any time. Silvergear gives you an unconditional 30 day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
7. Resource Usage
   You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
8. Price Change
   We reserve the right to change prices listed on Silvergear, and the right to increase the amount of resources given to plans at any time.
9. Indemnification
   Customer agrees that it shall defend, indemnify, save and hold Silvergear harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Silvergear, 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 Silvergear against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Silvergear; (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 Silvergear's server.
10. Disclaimer
    Silvergear will not be responsible for any damages your business may suffer. Silvergear makes no warranties of any kind, expressed or implied for services we provide. Silvergear 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 Silvergear and its employees.
11. Changes to the TOS
    Silvergear reserves the right to revise its policies at any time without notice.