TERMS OF SERVICE
This service agreement has been put together to provide you with a complete
set of policies that bind us as the hosting services 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","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.
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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.
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RESTRICTED MATERIAL
We do not allow any of the following content to be stored in the web hosting
space (ftp space included) that you are provided with.
This includes copyrighted works, commercial audio, video, or music files, and
any material in violation of any Federal, State or Local regulation.
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 etc., and encrypting of any of the above. Also
includes any sites which provide "links to" or "how to" information about such
material.
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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 $1000.
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HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
We may at any given time implement the following policy to its sole
discretion:
When a website is found to be monopolizing the resources available, we reserve
the right to suspend that site immediately. This policy is only implemented in
extreme circumstances and is intended to prevent the misuse of servers on which
your site will be hosted.
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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.
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BACKUPS
We regularly make backup copies of
information stored on its servers for disaster recovery purposes. Nevertheless,
availability of backups is not guaranteed and we will not be responsible for
loss of customer data. Customers are advised to make regular backups of the
information they store on our servers. Our Control Panel provides tools that
facilitate data backup and restoration.
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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 the account holder does not renew his/her account, We
will suspend the service after 10 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.
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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. Setup charges if any
are not refundable.
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.
To apply for the cancellation and/or refund, you must
submit a cancellation ticket at https://my.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 that 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 has ceased a billing cycle, the account will be
deactivated upon investigation by our billing department.
NO refund under any condition shall be processed if a
customer fails to comply with our "Terms of Service".
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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.
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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: 26th April, 2008
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