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Les Kobayashi Design

Account Setup
Customer Content
Payment Information
Backups and Data Loss
Cancellations and Refunds
Resource Usage
Data Transfer
Money Back Guarantee
Pricing Changes
Changes to this Document

1. Account Setup

Customer accounts will be setup after payment has been received and Hostopogo and/or our payment partner(s) have screened the order(s) for fraud. It is the customer's responsibility when ordering a hosting package to provide Hostopogo with a working email address that is seperate and independent from the domain(s) associated with the order.

2. Customer Content

a) Illegal Use: services provided by Hostopogo may be used for lawful purposes only. Unlawful content includes, but is not limited to:
- illegally reproduced copyrighted material
- warez or pirated software
- hate sites, hate material
- hack sites, programs & archives

b) Adult Content: adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content of any kind or provide links to adult content elsewhere.

c) Other Content: other prohibited content or activities include the storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is defamatory, obscene, harmful, threatening, harassing, an intrusion of privacy or publicity rights, or is otherwise deemed by Hostopogo to be objectionable.

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

3. Spam

The sending of unsolicited e-mail, bulk emailing, and spam is strictly prohibited. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice. Hostopogo 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. Hostopogo also reserves the right to make any such modifications without prior notification if necessary. Hostopogo reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee.

4. Payment Information

The customer agrees to supply appropriate payment for any services provided by Hostopogo in advance of receiving those services. The customer agrees that until and unless they notify Hostopogo of their desire to cancel any or all hosting services received, hosting services will be billed on a 30 day or 12 month recurring basis. Hostopogo reserves the right to modify hosting rates and other fees at anytime, although the hosting rate the customer received at the date of purchase will not increase as long as the account is in good standing.

5. Backups and Data Loss

The customer may use Hostopogo's service at their sole risk. Hostopogo is not responsible for files and data residing on customer accounts. The customer agrees to take full responsibility for, and to maintain all appropriate backups of, files and data stored on Hostopogo servers.

6. Cancellation and Refunds

Customers may cancel at any time. Hostopogo provides 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 in monthly increments to the nearest unused month. Only first-time accounts are eligible for a refund. For example, if a customer has had an account with Hostopogo before, cancelled and signed up again, or if they have opened a second account with us, they will not be eligible for a refund . Hostopogo reserves the right to cancel customer accounts at any time.

7. Resource Usage

Customers may not initiate the following:
a) 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.
b) Run any type of interactive real-time chat applications that require server resources. Remotely hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

8. Data Transfer

Customers are allocated a monthly data transfer (bandwidth) allowance. This allowance varies depending on the hosting package you purchase. Should a customer's account surpass 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 the customer has upgraded to a higher level of package, terminate the account and/or charge the customer an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9. Money Back Guarantee

Each of Hostopogo's managed shared packages carries a 30-day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount.

10. Pricing Changes

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

11. Indemnification

The customer agrees that they shall defend, indemnify, save and hold Hostopogo harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hostopogo, 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, their agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Hostopogo against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostopogo;
(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 Hostopogo's server.

12. Disclaimer

Hostopogo will not be responsible for any damages a customer's business may suffer. Hostopogo makes no warranties of any kind, expressed or implied for services we provide. Hostopogo 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 Hostopogo and its employees.

13. Changes to this Document

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

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100 MB space
1 GB transfer
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200 MB space
4 GB transfer
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OGO 4 $24.95
500 MB space
10 GB transfer
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OGO 5 $36.95
1000 MB space
15 GB transfer
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