Acceptable User Policy
This service agreement has been put together to provide you with a complete
set of policies that bind us as the hosting service provider, and you, as our
customer.
This service agreement is between GRABWeb Managed Hosting (hereinafter
"Company," "we," "our," "us," or "GRABWeb") and you, our customer (hereinafter "customer",
"customers" , "client",
"you" or "your").
We as your web hosting service provider, will supply you with a shared web
hosting or a dedicated hosting solution. As your web hosting provider, we will
make available various services and software for maintaining your website, as
indicated on our website.
Upon paying for and using the hosting services provided by GRABWeb, Customer
indicates his/her agreement to the following terms and conditions, as outlined
below. This agreement supersedes any other oral agreement between GRABWeb and
Customer.
* Customer Responsibility
* Restricted Material
* SPAM Policy
* High Resource User Policy
* Chat Rooms
* Backups
* Payment Policies
* Cancellation & Refunds
* Indemnification
* Disclaimer
* Affilate Terms of Service
CUSTOMER RESPONSIBILITY - It is solely customer's responsibility not to
share his/her account, ftp, control panel, support login details with anyone. If
his/her account is compromised, we cannot be held responsible for this. In an
extreme case if the server security is compromised in anyway, the customer shall
be held liable for this and shall be billed for the time spent by technical team
to fix it ( $150/hour ) and the customer account shall be de-activated till the
investigation gets over.
RESTRICTED MATERIAL
We do not allow any of the following content to be stored on the web hosting
space (ftp space included) that you are provided with.
Pornography, nudity, erotica, and sex-related merchandising, including sites
that may infer sexual content, or link to adult content elsewhere are not
permitted.
Warez and malicous software - Includes pirated software, ROMS, emulators,
hacking, password cracking. IP spoofing, Trojan horses, viruses, spy-ware,
dialers, malware, iframes etc., and encrypting of any of the above. Also
includes any sites which provide "links to" or "how to" information about such
material.
Restricted Material also includes copyrighted works, commercial audio, video
or music files, and any material in violation of any Federal, State or Local
regulation.
SPAM (unsolicited bulk e-mail) - We have zero tolerance for SPAM. We
reserve the right to block the account of anyone spamming or reported spamming
after investigation.
If you are found to be engaged in any of the above activities then your account
can be terminated without warning and you will not be entitled for any refunds,
including the money back guarantee and we will report you and the incident to
the proper local, state and federal authorities and will prosecute you to the
full extent of the law and shall be fined appropriately.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
When a website is found to be monopolizing the available server resources, which
can cause the server crash or lead to poor performance or high load, we reserve
the right to suspend that website. Apart from extreme circumstances, client is
contacted prior to any suspension and are requested to optimize their websites
in the given timeframe. Client shall also be offered choices to proceed with.
We may at any given time implement this policy to our sole
discretion.
CHAT ROOMS
We do not allow customer to install chat rooms. Chat rooms tend to be large
system hogs and we do not permit it as an account option on our shared hosting
solutions.
BACKUPS
We regularly make backup copies of information stored on our servers for
disaster recovery purposes. Nevertheless, availability of backups is not
guaranteed and we cannot not be held responsible for loss of customer data. Customers
are advised to make regular offline backups of the information they store on our
servers. Our hosting control panel facilitate clients to set auto backup of
their accounts, which can be restored or downloaded anytime by them. We again
strongly advise clients to keep offline backup copies regularly or buy remote
backup services.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although we reserve the right to
change prices of accounts or services at any time, all pricing is guaranteed for
the period of prepayment.
The account will be automatically charged for the next payment period unless a
cancellation request is submitted as per our "cancellation and refunds policy".
In situations where client's card on file declines or has expired. We will
advise client via ticket system to update card details, if no action is taken by
the client, we will
suspend service after 7 days of payment being past due. We do not guarantee
that suspended sites will remain intact on our servers.
In addition, we reserve the right to suspend other services by the same customer
with an outstanding balance, until the outstanding debt is cleared. The customer
is responsible for all money owed on the account from the time it was
established to the time that the customer submits a cancellation request.
No bills or invoices will be sent by regular (postal) mail. All invoices will be
sent directly to customer(s) via email after the online purchase has been made.
At this point the customer's card will be charged automatically. The invoice(s)
shall be either sent by us or by our credit card processor.
CANCELLATION AND REFUNDS
If for some reason, you are not satisfied with our services, please apply for
the cancellation within the first 30 days of your payment date. Incase you fail
to apply for the refund and cancellation during this period, it shall void 30
day money back guarantee. Domain Registration / Domain Transfer / Dedicated
Managed Server and or Setup fee if any is nonrefundable.
Incase you are GRABWeb's customer for more than 30 days, please make sure to
apply for the cancellation anytime before the next billing cycle date. No
pro-rata refunds shall be processed. However, cancellation after 30 days assures
of no further recurring charges.
To apply for the cancellation and/or refund, you must submit a cancellation
ticket at https://manage.grabweb.net, under the category "Plan - Cancel". Please
also provide us with the reason of cancellation, so that we can work harder to
improve upon the weaker area. Phone or Online Chat cancellations are not acceptable.
No refunds are applicable once 30 day money back guarantee is over.
Accounts that are either cancelled, deactivated, and/or have services suspended
for violation of our terms of service, or accounts that exceed their disk or
bandwidth usage amount do not qualify for our 30 day money back guarantee and
will not receive any refunds.
Requests to cancel accounts or the termination of your payment plan with us will
result in the IMMEDIATE deactivation of your account. In a case where a client
cancels billing cycle through billing portal or at payment processors website,
without opening a prior cancellation ticket at
https://manage.grabweb.net, the concerned account will also be deactivated
immediately.
NO refund under any condition shall be processed if a customer fails to comply
with our "Terms of Service".
INDEMNIFICATION
Customer agrees that he/she shall defend, indemnify, save and hold GRABWeb
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against GRABWeb owners, their
agents, their 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 customers, agents, employees or assigns of the owners of GRABWeb. Customer
agrees to defend, indemnify and hold harmless GRABWeb owner/s against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with GRABWeb. (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 customer from GRABWeb.
DISCLAIMER
GRABWeb will not be responsible for any damages your business may suffer.
GRABWeb makes no warranties of any kind, expressed or implied for services we
provide. GRABWeb disclaims any warranty or merchantability or fitness for a
particular purpose, including loss of data resulting from delays, server
malfunctions, missed backups, non-deliveries, wrong delivery, and any and all
service interruptions caused by GRABWeb proprietors and their employees.
GRABWeb reserves the right to alter, change or modify any provision of this
Terms of Service Agreement at any time with or without prior notice to you.
Last Update: 18th Nov, 2009
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