Violations, queries, and information regarding our Terms and Conditions should be addressed to abuse@SaratogaHosting.com.

TERMS OF SERVICE AND ACCEPTABLE USE POLICIES

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting and other Internet-related services provided by SaratogaHosting.com, (the "Services"). As used in this Agreement, "SaratogaHosting.com" means SaratogaHosting.com, and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read this Agreement, and you agree to its terms and conditions and all policies posted on the SaratogaHosting.com site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "SaratogaHosting.com Site" refers to the Site located at the URL http://www.SaratogaHosting.com, or any other successor Sites owned or maintained by SaratogaHosting.com.

1. APPROPRIATE USE OF THE SERVICES:

SaratogaHosting.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

• Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any SaratogaHosting.com server in connection with Client's use of the Services which:
  • Violate any state, federal or foreign laws or regulations;
  • Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of SaratogaHosting.com or any third party;
  • Are defamatory, slanderous or trade libelous;
  • are threatening or harassing;
  • are discriminatory based on gender, race, age or promotes hate;
  • violate any SaratogaHosting.com policy posted on the SaratogaHosting.com Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
  • contain viruses or other computer programming defects which result in damage to SaratogaHosting.com or any third party.
• Bandwidth. Client may occupy only the amount of disk space on the SaratogaHosting.com Server and utilize no more than the network bandwidth that is allotted by SaratogaHosting.com according to the hosting plan that Client has purchased. When Client's account approaches the bandwidth limit defined in the particular hosting plan that Client purchased, Client will have the option to upgrade to a hosting plan that provides more bandwidth.
• No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at SaratogaHosting.com, or otherwise, that mentions or reference any domain hosted on SaratogaHosting.com servers or parked on SaratogaHosting.com DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy). We have a zero tolerance for spammers. If you send spam / unsolicited email, your account will be terminated immediately and your files removed from our servers.
• No Live Chat Servers Run Locally. Due to the frequent abuse and exploitation of live chat server software and the strain they put on system resources, you may not install live chat software on your hosting account. You can, however, use one of the many remotely hosted chat plugins that are available out there, such as http://www.parachat.com, which provide you with a simple code to copy/paste into any page of your web site to have your own live chat room. 
• PHP Scripts - If you install a script on your site, such as a gallery or a message board, it is important that you keep it updated / upgraded with the latest releases from the developer for security purposes. Scripts with security holes left un-patched will be locked down for the safety of our network and other customers. 
• Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
• Termination. SaratogaHosting.com reserves the right to refuse service to anyone. SaratogaHosting.com, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the prohibited activity outlined in this agreement and in our Acceptable Use Policy . To report any unacceptable behavior by a third party using the Services, please contact abuse@SaratogaHosting.com. 
• Back-Up Files. SaratogaHosting.com does back-up server files regularly; however, SaratogaHosting.com does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files (such as using FTP to copy your site files down to your computer)in connection with its use of the Services. 

• Service Fees. Client must make payments for services in a prompt and timely fashion. Clients with monthly billed hosting plans must make their monthly payments no further than 30 days apart. Clients with annually billed hosting plans must make their payments within 30 days of the first month of the year of their plan expiration. SaratogaHosting.com shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to SaratogaHosting.com. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to SaratogaHosting.com and agrees to pay any and all fees incurred by Client. Because all Services and hosting plans are provided on a monthly basis, Client will be responsible for Service fees for the current month regardless of which date Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid SaratogaHosting.com for such Services, refunds will be issued for any unused full month portions Services upon Clients request.

• The parties agree that in no event shall SaratogaHosting.com be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless SaratogaHosting.com from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

• Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must contact SaratogaHosting.com directly by phone at the number located on our HelpDesk/Support/Contact pages. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
• If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Twenty Dollars ($20) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. SaratogaHosting.com will maintain an archival copy of Client's Web site for Seven (7) days after SaratogaHosting.com receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

• Client will pay and indemnify and hold SaratogaHosting.com harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

• THE SERVICES, THE SARATOGAHOSTING.COM SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SARATOGAHOSTING.COM SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SARATOGAHOSTING.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SARATOGAHOSTING.COM SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

• IN NO EVENT SHALL SARATOGAHOSTING.COM BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SARATOGAHOSTING.COM SITE OR ANY SARATOGAHOSTING.COM PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SARATOGAHOSTING.COM CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWO HUNDRED DOLLARS ($200 US).

• If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by SaratogaHosting.com. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules.

  This Agreement and SaratogaHosting.com's policies are subject to change by SaratogaHosting.com. In the event of a policy change an email notice will be sent to all Clients immediately with a description of the change.