Terms of Service


Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Website content

All services provided by Windbreakerhosting.com are to only be used for lawful purposes. The laws of the State of Florida, the State New York, the state of Texas, and the United States of America apply.
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 suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@windbreakerhosting.com with the information required.

use of our servers as a storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all servers include:
Topsites IRC Scripts/Bots Proxy Scripts/Anonymizers Pirated Software/Warez Image Hosting Scripts (similar to Photobucket or Tinypic) 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 Lottery/Gambling 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) Push button mail scripts Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) Tell A Friend Scripts Anonymous or Bulk SMS Gateways Bitcoin Miners PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc) 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.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Windbreakerhosting.com is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by HostGator are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

Payment Information

You agree to supply appropriate payment for the services received from windbreakerhosting.com, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Windbreakerhosting.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Windbreakerhosting.com 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 Windbreakerhosting.com servers.

Resource Usage

User may not:
1) Use 25% 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, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Uptime Guarantee

If your 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 Windbreakerhosting.com dependent upon justification provided.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Windbreakerhosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Windbreakerhosting.com, 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 Windbreakerhosting.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Windbreakerhosting.com; (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 Windbreakerhosting.com servers.

Arbitration By using any Windbreakerhosting.com services, you agree to submit to binding arbitration. If any disputes or claims arise against Windbreakerhosting.com or its subsidiaries, such disputes will be handled by an arbitrator of Windbreakerhosting.com's choice in the state of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

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