A few questions about the TOS

I found Host Gator on Google last night, and I am seriously considering switching from my Yahoo! Webhosting as they are lacking in features, as reliable as they may be. After reading over your TOS (which are in a somewhat sloppy format I might add, but thats no big deal) I've been left with a few questions.

Originally Posted by TOS

7.) Resource Usage

Users 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 bit torrent

f) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

First off, as I read through I saw the above. Although I will be unlikely to need a Dedicated Server for a deicent period of time (I hope I don't need that much anytime soon, I'm broke ), does that appily to a dedicated server? It wouldn't make sense not to allow much of that as the performance wouldn't affect another user (excpet perhaps available bandwidth, but I'm refering to System Resources).

2.) Content

All services provided by HostGator.com may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless HostGator.com from any claims resulting from the use of our services.

Examples of unacceptable material:

IRC Bots

Warez Sites

Pirated Software

Hate sites

Hack programs and archives

IRC Bots not allowed? Although I suppose they may use more CPU than allowed, if they do not, why is this a problem? Also hack sites. Does this include things like the WinXP SP2 patch to allow more half open connections? That is considered a hack. I guess I just need a more clear definition of your usage of the word hack. Hack as in a Linux code hack, or hack as in steal information, or hack as in modification to a program like the SP2 TCPIP Hack (mentioned above).

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. Please read hostgator.com/mailpolicy.html

HostGator.com 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, at its sole discretion. HostGator.com also reserves the right to make any such modifications in an emergency at our sole discretion.

HostGator.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of HostGator.com. All rights reserved.

I'm pretty sure about this, but in the event I created a database on my site to manage newsletters and automated e-mails because of errors. Would that be considered spam according to your terms if I had an optin that was 100% optional, not even remotely forced, and allowed users to unsuscribe at ANY time? I'm pretty sure it wouldn't, but I'd rather be safe than sorry.

Sorry for the extreme length of this post, but there is no such thing as being too safe, and making sure that you don't cause any trouble.

Most of the rules are pretty self-explanitory and common-sense based.

The resources only apply to shared and reseller servers, if you are on a dedicated server you can use 180% of your resources for all we care.

As for hack sites, that means actual "Hacking" that can do harm to others. Tools that steal passwords, trojans, etc. Obviously if you are running a "Mambo Hacks" type site, we would not suspend you.

Spam is the biggest "common sense" rule, as long as its not spam, we do not have a problem with it. Most people know if they are spamming or not. A mailing list like you described would have no problems.

Hope that helps out!

Much appriciated. I did like that your TOS were worded so there wasn't much confusion. I'll see you in 10 days when I get my Swamp package.

What about sites that tell you how to make backup copies of your video games?