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
* Payment Policies
* Cancellation & Refunds
* 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. It is customer responsibility to ensure that scripts/programs installed under his/her account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, customer account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and customer password is found to be weak, we will notify you and allow time for you to change/update customer password.
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.
Topsites, IRC Scripts or Bots, Proxy Scripts or Anonymizers, Image Hosting Scripts (similar to Photobucket or Tinypic or istockphoto), AutoSurf or PTC or PTS or PPC sites, IP Scanners, Bruteforce Programs or Scripts or Applications, Mail Bombers or Spam Scripts, Banner-Ad services (commercial banner ad rotation) File Dump or Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow or Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life or Linden Exchange, Ponzi, MLM or Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery or Gambling Sites, MUDs or RPGs or PBBGs, Hacker focused sites or archives or programs, Sites promoting illegal activities, Forums and or or websites that distribute or link to warez or pirated or illegal content, Bank Debentures or Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Broadcast or Streaming of Live Sporting Events (BCCI, IPL, NBA, WWE, WWF, etc). 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. Web hosting can only be used for the live domains, and it cannot be used for stacking purposes ( as a backup server ). 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.
If you are found to be engaged in any of the above activities then your account will be terminated with or without warning. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
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.
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.
We do weekly backups of 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 if subscribed to. We again strongly advise clients to keep offline backup copies regularly or buy remote backup services.
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 or the cheque has bounced for some reason. We will advise client via email through our customer portal to update card details or send us new cheque, 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 only, however if there is some specific requirement of a hard copy please intimate us. The invoice(s) shall be either sent by us and the receipts shall be sent by us and credit card processor if the payment is made online.
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, please login to the Support & Billing Portal at https://manage.grabweb.in > My Products > Product Details Icon > Request Cancellation or You must submit a cancellation ticket at https://manage.grabweb.in, under “Billing Department” requesting cancellation. 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 or cancellation request at https://manage.grabweb.in, the concerned account will be cancelled immediately.
NO refund under any condition shall be processed if a customer fails to comply with our “Terms of Service”.
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.
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, 2011