GaugeHosting.com Terms and Conditions

TERMS OF SERVICE & LEGAL REGULATIONS

Effective Date: October 1, 2026

Version: 4.2

IMPORTANT NOTICE & AGREEMENT SUMMARY

This Document governs the use of web hosting, dedicated servers, domain registration, and infrastructure services provided by Gauge Hosting ("Company", "We", "Us"). By creating an account or purchasing any services, you ("Client", "User") agree to be bound by all terms, policies, and regulations detailed herein. Please read carefully.

1. Service Acceptance & Account Registration

1.1 Acceptance: By accessing the website (www.gaugehosting.com), registering an account, or submitting payment for services, the Client explicitly agrees to adhere to these Terms of Service (ToS), Acceptable Use Policy (AUP), and Privacy Policy.

1.2 Eligibility: Services are available only to individuals or business entities capable of forming legally binding contracts under applicable law. Individuals must be at least 18 years of age.

1.3 Account Information: The Client agrees to provide accurate, current, and complete information during registration and maintain updated records in the client portal. Providing fraudulent contact details may result in immediate account termination without refund.

2. Acceptable Use Policy (AUP)

All services provided by Gauge Hosting may be used for lawful purposes only. The transmission, storage, or presentation of any information, data, or material in violation of applicable laws is strictly prohibited.

2.1 Prohibited Content & Activities:

• Illegal Content: Pirated software, unlicensed copyrighted material, trademark infringements, or illegal media.
• Malicious Code: Hosting, distributing, or linking to malware, ransomware, botnets, phishing pages, or exploit kits.
• Network Attacks: Launching Denial of Service (DoS/DDoS) attacks, port scanning, IP spoofing, or unauthorized vulnerability testing.
• Unsolicited Email (SPAM): Sending bulk unsolicited email messages, commercial spam, or operating open mail relays.
• High-Risk Applications: Running crypto-mining software, public proxy servers, or unauthorized IRC networks on shared resources.

3. Resource Allocation & Service Limits

3.1 Plan Limits: The Client agrees to adhere to the resource allocations, limits, and quotas (including but not limited to CPU usage, RAM, disk storage, bandwidth, inode counts, and database limits) defined by the specific hosting plan, service tier, or custom package chosen during sign-up or upgraded to thereafter.

3.2 Fair Use Policy: Shared and reseller hosting environments operate under a Fair Use framework. Accounts must not exceed reasonable system usage or cause service degradation for other tenants on the same infrastructure.

3.3 Overuse & Action: If an account exceeds its assigned plan limits or causes server instability, Gauge Hosting reserves the right to request an upgrade, throttle performance, temporarily suspend the account, or migrate the client to an isolated environment upon notice.

4. Billing, Payments & Cancellations

4.1 Payment Cycle: All fees are billed in advance based on the billing cycle chosen by the Client (Monthly, Annually, or Biennially). Payments are processed automatically via credit card or approved merchant provider.

4.2 Overdue Accounts & Late Fees: Invoices unpaid past the due date will incur a 5% late fee after 3 calendar days. Services will be suspended if invoices remain unpaid for 7 days past the due date.

4.3 Account Termination & Data Erasure: Accounts remaining unpaid for 14 calendar days beyond the due date are subject to permanent termination, resulting in complete removal of hosted files, databases, and configuration settings.

REFUND POLICY & MONEY-BACK GUARANTEE: Shared and Reseller hosting plans carry a 30-day money-back guarantee from the initial order date. Dedicated server rentals, domain name registrations, SSL certificates, and custom setup fees are strictly non-refundable.

4.4 Cancellation Process: Cancellation requests must be submitted through the official Client Portal at www.gaugehosting.com at least 3 business days prior to the next billing cycle start date.

5. Service Level Agreement (SLA) & Uptime Guarantee

5.1 Network Uptime Commitment: Gauge Hosting targets a 99.9% network and infrastructure uptime commitment calculated on a monthly calendar basis.

5.2 SLA Credit Structure: In the event that network availability falls below the guaranteed 99.9% threshold, eligible Clients may request account credit in accordance with the schedule below:

5.3 Maintenance Exclusions: SLA credits do not apply to scheduled maintenance windows, emergency security patching, force majeure events, upstream provider disruptions, or issues originating from Client software/scripts.

6. Data Protection, Backups & Security

6.1 Client Responsibility: The Client retains sole responsibility for maintaining external offline backups of all hosted websites, databases, configurations, and email accounts. While Gauge Hosting performs courtesy system snapshots, backups are not guaranteed.

6.2 Data Privacy Compliance: Gauge Hosting processes data in compliance with international privacy laws. Personal data is never sold or disclosed except as required by law enforcement order or regulatory subpoena.

6.3 Security Incidents: The Client is responsible for securing installed web applications (e.g., CMS updates, plugin maintenance, password strength). Gauge Hosting reserves the right to isolate compromised accounts to protect network integrity.

7. Intellectual Property & Digital Millennium Copyright Act (DMCA)

7.1 DMCA Compliance: Gauge Hosting respects the intellectual property rights of third parties and responds to valid copyright infringement notices adhering to the Digital Millennium Copyright Act (DMCA).

7.2 Takedown Procedure: Copyright holders submitting infringement claims must provide formal written notice including: (a) Identification of copyrighted work; (b) Location of infringing material (URL); (c) Contact details; and (d) A statement under penalty of perjury asserting authorized ownership.

8. Limitation of Liability & Indemnification

8.1 Disclaimer of Warranties: SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAUGE HOSTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Liability: IN NO EVENT SHALL GAUGE HOSTING, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES.

8.3 Maximum Damages: The total aggregate liability of Gauge Hosting under any claim or legal theory shall not exceed the total amount paid by the Client to Gauge Hosting during the three (3) month period immediately preceding the event giving rise to liability.

8.4 Indemnification: The Client agrees to defend, indemnify, and hold harmless Gauge Hosting from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from Client's use of services or breach of this Agreement.

9. Governing Law & Dispute Resolution

9.1 Jurisdiction: This Agreement shall be governed by, construed, and enforced in accordance with applicable laws, without regard to its conflict of law principles.

9.2 Arbitration: Any legal controversy or claim arising out of or relating to this Agreement shall be settled through binding arbitration, rather than in court, except where prohibited by statute.

10. Term Modifications & Notices

Gauge Hosting reserves the right to modify these Terms of Service at any time. Notice of material changes will be published on www.gaugehosting.com or distributed via email to registered account administrators 14 days prior to taking effect.

LEGAL CONTACT & COMPLIANCE ENQUIRIES

For questions regarding these legal terms, abuse reports, or DMCA copyright notices, please direct official correspondence to:

Legal & Compliance Department — Gauge Hosting

Email: legal@gaugehosting.com

Abuse Escalations: abuse@gaugehosting.com