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Terms of Service
TOS.

Terms of Services - graspro.com 2013

(Last Updated : Jan/01/2013)
PLEASE READ THIS AGREEMENT CAREFULLY

BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CLIENT AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

ACCEPTABLE USE POLICIES

PROHIBITED SERVICES

The following content and activities may not be displayed or promoted by CLIENT nor associated in any way with CLIENT's account or GRASPRO DIGITAL's services. GRASPRO DIGITAL shall be the sole arbiter as to what constitutes violation of this provision.

  • Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or local law.
  • Copyrighted material used without permission.
  • Material or activities judged by GRASPRO DIGITAL to be threatening, obscene, disparaging, or hate-related.
  • Material protected by trade secret or other statute.
  • Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere.
  • Content that promotes any illegal or prohibited activity.
  • Content that may be damaging to GRASPRO DIGITAL's servers or to any other server on the Internet.
  • Pirated software (warez).
  • IRC, IRC Bots, IRC BNC, etc.
  • Promotion or sale of unsolicited or bulk e-mail (SPAM) software or services.
  • Unsolicited or bulk e-mail or newsgroup posts (SPAM) which references and/or is traceable to GRASPRO DIGITAL and/or any CLIENT in any way.
  • Illegally distributed MP3, Music media.
  • Harassing, annoying, or otherwise interfering with any person's, group's, or organization's use or enjoyment of the Internet experience.
  • Links or reference to any of the above etc.

UNSOLICITED E-MAIL (SPAM)

GRASPRO DIGITAL's servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited bulk e-mail (UBE), unsolicited commercial e-mail (UCE), spam, off-topic newsgroup posts, flames, or mail bombs. CLIENT's domain may not be referenced or traceable in any way as a result of any of the above. GRASPRO DIGITAL reserves the right to refuse and/or cancel service to known spammers. GRASPRO DIGITAL reserves the sole right to determine what constitutes violation of this provision.

SPAM is any unsolicited e-mail, post, or facsimile in the newsgroup, e-mail, fax, or other electronic medium. Any unsolicited commercial email (no matter how relevant or important it may be) is spam; any unsolicited bulk email (commercial or not) is also spam. Mass and unsolicited are not concurrent conditions for spam. One and/or the other is sufficient. In the medium of newsgroups, spam is considered to be any off-topic posting and/or any identical posting to multiple newsgroups.

Any spam complaints received about CLIENT domains are addressed seriously. After investigation, if it is deemed by GRASPRO DIGITAL that spamming practices have indeed been utilized on GRASPRO DIGITAL's servers, GRASPRO DIGITAL reserves the right to terminate a domain account immediately with no refund and to assess a $500 penalty per spam incident. CLIENT expressly accepts GRASPRO DIGITAL's right to assess this penalty and agrees to its assessment and payment.

* Clarification on UCE and UBE. Unsolicited commercial e-mail is, simply put, sending an email to someone you don't personally know or a company you don't have a relationship with. If you come upon e-mail addresses in a web site you visit, the simple existence of an e-mail address in a web-site does not imply acceptance of unsolicited commercial e-mails. A request for link reciprocation is just that, unsolicited and commercial. Unless, of course, a working relationship already exists between you and the other party. Unsolicited bulk e-mail is the sending of UCE to more than one recipient at a time.

TERM "UNLIMITED HOSTING"

Unlimited hosting will provide you an option to host your website with unlimited shared resources. That means there will not be any limit set for the resources, so your website never shut down for the disk space exceeding or bandwidth limit exceeding problems. However please note that there must be some restrictions on what the space can be used on a single account. Maximum usable disk space limited to 10 GB for a domain on shared system, But you CAN smoothly host your personal, blogging, news, business, and online e-commerce websites with the unlimited plan. But you CAN NOT host websites for File Sharing, File Upload, File Archive, Backup, Site Mirroring, Social Networking, Media Sharing, Video Hosting, Video Streaming, Audio Hosting, Audio Streaming, Email Marketing, Newsletter Management, Bulk Mailing & SPAM mailing etc. All the domain names hosted must be of the same client and the unlimited space account is not for reselling or not for hosting your customers multiple websites. Websites hosted more than 5 GB data will not be monitored and automated weekly backup will be disabled after exceeding 5 GB data limites, customers advised to keep sufficient periodic data backup on your PC. Websites violating this terms of use will be suspended after a notification and keep it as suspended status for further investigations.

SERVER ABUSE

Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.

Please note that while CGI/PERL scripts and/or msSQL/mySQL code can unintentionally cause server malfunction, GRASPRO DIGITAL will make the final determination if the code was maliciously programmed. If the code was programmed incorrectly but not out of apparently malicious intent, GRASPRO DIGITAL will disable the program, but not cancel CLIENT's account.

SECURITY

GRASPRO DIGITAL implements the latest technology for providing a secure and encrypted environment for information protection. There is no guarantee that the information on the Internet is absolutely secure and may never be destroyed. CLIENT agrees to indemnify and hold GRASPRO DIGITAL harmless in case of information loss or loss of privacy.

GRASPRO DIGITAL is not responsible for any damages arising from CLIENT’s use of or by CLIENT’s inability to use the server, web hosting packages, or any other services for any reason.

GRASPRO DIGITAL shall make every reasonable effort to protect and backup data for CLIENT on a regular basis. GRASPRO DIGITAL is not responsible for CLIENT’s files. CLIENT is solely responsible for their independent backup of data stored on GRASPRO DIGITAL’s server and network.

GRASPRO DIGITAL is not liable for and does not guarantee the protection or privacy of electronic mail or information transferred through the Internet or any other public network.

Internet Protocol (IP) Address Ownership

If Company assigns CLIENT an Internet Protocol (“IP”) address for CLIENT's use, the right to use that IP address shall belong only to Company, and CLIENT shall have no right to use that IP address except as permitted by Company in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to CLIENT by Company, and Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

ACCURATE SIGNUP DATA & CONTACT INFORMATION

CLIENT acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of CLIENT's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether CLIENT may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) CLIENT is responsible for notifying GRASPRO DIGITAL in writing of changes in its contact information. In addition, CLIENT agrees that CLIENT's failure to respond for over fifteen (15) calendar days to inquiries by GRASPRO DIGITAL concerning the accuracy of contact details associated with CLIENT's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of CLIENT's domain name OR hosting service.

30 DAYS REFUND POLICY

Windows/Linux Economy to UNLIMITED Hosting Packages :
30 Days Money Back – during the first 30 days as a client, if you decide to stop your service, we will refund your HOSTING fees in full.

The money back guarantee and Risk Free Hosting DO NOT cover the following:

  • Domain Name : Registration/Transfer
  • Private SSL certificate fees
  • Additional static IPs or other licensed products purchased through us.
  • Any setup fees or processing fee and bank/wire transfer charges
  • Any Fee for Upgrade/Downgrade/OS changes

CANCELLATION POLICY

CLIENT bears all responsibility for ensuring effective cancellation of CLIENT account. This responsibility includes providing effective and verifiable notification to GRASPRO DIGITAL of CLIENT's desire to cancel an account. This responsibility shall not be waived or modified by GRASPRO DIGITAL or CLIENT in any way at any time subsequent to the submission by CLIENT of an application for GRASPRO DIGITAL account. GRASPRO DIGITAL will act immediately to implement CLIENT's cancellation notice, providing the terms of this cancellation policy have been followed.

GRASPRO DIGITAL must receive CLIENT cancellation at least 24 hours prior to the anniversary date of CLIENT domain’s activation in order to avoid monthly hosting charges. All credit card charges or billing will cease immediately upon receipt of notice of cancellation. Accounts may be cancelled by emailing or telephoning GRASPRO DIGITAL's sales department. E-Mail cancellations must be from the contact e-mail address CLIENT registered at the time of account setup. If that e-mail account is no longer available, CLIENT must provide the original account password. Telephone cancellations need to have their original account password.

All email cancellations are confirmed by email by GRASPRO DIGITAL within 24 hours of receipt. If CLIENT does not receive confirmation, cancellation can not be assumed to have been effected. It is CLIENT's responsibility to ensure that a cancellation confirmation is forthcoming from GRASPRO DIGITAL. The purpose of requiring confirmation of cancellation is to protect both CLIENT and GRASPRO DIGITAL from inaccurate claims of cancellation and notification.

If CLIENT has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve CLIENT of any outstanding financial obligations.

GRASPRO DIGITAL does not monitor account usage or the status of domain name records on GRASPRO DIGITALS servers. If CLIENT transfers CLIENT domain without notifying GRASPRO DIGITAL of a desire to cancel the account, CLIENT will continue to be charged/billed, even if GRASPRO DIGITAL learns that CLIENT domain has been transferred. GRASPRO DIGITAL's services are independent of account usage and domain name records, and are still in effect whether CLIENT domain is pointing to GRASPRO DIGITAL's nameserver or to some other nameserver.

GRASPRO DIGITAL reserves the right, in its sole discretion, to suspend (temporarily disable) or cancel the CLIENT’s account(s) without further warning and there will be charged a 25% late fee or re-activation fee on pending invoice total and the COMPANY have the full right to take over such domain names or services to resell it and get the invested amount return, upon any indication of delinquent payments, or if the terms and conditions outlined herein are violated, or if CLIENT’s account causes any kind of network or server problem and/or disturbances.

All questions and queries can be send to
support [ at ] graspro.com

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