Terms of Service

HostGamma focuses on providing high quality web hosting services to its clients worldwide. The provision of such services is made possible through the strict enforcement of our terms of services as below, to which all clients agree to abide by when signing up for an account with us.

Moneyback guarantee
We offer a 21-day unconditional moneyback guarantee on our shared hosting plans. Clients who have abused our servers during the moneyback guarantee period, or have violated other terms of service, forfeit this guarantee and will not be refunded. Cloud Hosting and Dedicated Hosting servers are not covered by this policy and can not be refunded once activated.

Chargebacks and disputed payments
In case of a charge back from a bank, a credit card company or Paypal, your account may be suspended without refund. In order to recoup fees charged by these financial institutions, a US$50 chargeback fee will be charged prior to account restoration. For any issues regarding your hosting account with us, please contact our billing department instead of issuing a chargeback.

Prohibited Contents
Clients are prohibited to post, transmit or store on HostGamma contents that violates any relevant laws of the United States of America, Canada, the United Kingdom, Japan, and any other countries your website files may be hosted at. Such contents include, but are not limited to phishing websites, link farms, spamvertising websites, stolen private information (including credit cards, social security IDs etc.) .

Copyrights & Trademarks
The use of HostGamma's network to infringe, violate, dilute or misappropriate third-party owned copyrights, trademarks, trade secrets or other proprietary information is prohibited. The storage, distribution or linking to unauthorized copies of software are also a violation laws of the United States. HostGamma will cooperate with relevant law enforcement agencies in cases of copyright infringement linked to data stored or transmitted through our network.

Zero Tolerance Abuse Policy
HostGamma has a zero tolerance abuse policy on all its servers. If any kind of fraudulent activity (including but not limited to scams, 419 frauds, child pornography, racism, spam) is found on any of our servers, the applicable service will be immediately suspended, without any notice, and no refund will be provided to the unused portion of the plan. Proofs of these activities, including client details, used IPs, files and databases, will be transmitted to the relevant authorities.

Server Resources
In order to guarantee the stability of our network and the optimal usage of our hardware, clients are prohibited to use excessive amounts of server resources, including, but not limited to CPU load, memory usage, and bandwidth. HostGamma and HostGamma only will determine the acceptable usage level of server resources. Warnings will be issued to clients abusing server resources, and in case of inaction, HostGamma reserves itself the right to suspend or terminate such accounts.

Support Policy
Techincal support is provided through our support ticket system only. Our listed phone number is for administrative purposes only and should not be called to obtain assistance for technical, billing or sales issues. Most support tickets are replied to within 30mn on average, all days of the week. For emergencies and server downtime please email to emergency@hostgamma.com which would automatically send a SMS to our senior server admins.

Backup Policy
HostGamma generates regular backups of hosted sites to an offsite server. This, however, does not constitute a guarantee of backup availability. Clients are responsible for keeping updated backups of their sites hosted with us. Full backups can be generated for free through client's cPanel account. In case of data loss due to hardware failure, third party attacks or server seizure by law enforcement officials for investigation purposes, HostGamma will not accept any liability in case of loss or damage to client data.

Suspension and Cancellations
HostGamma will suspend or cancel accounts violating its terms of service, laws of the United States and Canada, and laws of the respective countries where it maintains its servers. While an effort will be made to provide sufficient notice, in case of severe or continuous violation, HostGamma reserves itself the right to directly suspend or cancel clients accounts to protect the integrity of its network and guarantee the normal usage for its other clients.

For clients who wish to stop using our services, they can cancel the service at any time by opening a support ticket through your client area to our billing department. As soon as you cancel the service, your right to use it stops immediately, regardless of the time left on your initial contract. You may not have access to data that you stored on the service after you terminate the service, and no refund would be provided for the unused portion of your contract. You are responsible for backing up your data that you use with the service. Invoices due at or before the date of termination must be paid before the termination request is processed.

You agree to defend, indemnify and hold harmless HostGamma.com, its parent company Caprica Media Ltd., its affiliates and vendors, as well as shareholders, directors, employees, agents, upstream providers and service partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses occured in the use of services purchased from the company.

In case of differences in the interpretation or application of our terms of services, both HostGamma and Client agree to discuss in an amicable manner in order to find a common ground that would be acceptable for both parties. In case such agreement is not reachable, the dispute needs to be escalated for arbritration to a tribunal in Ontario, Canada.