Terms of Service


Terms of Service

As a Customer of our Services, you need to be aware that, when signing up for an account with Grosshosting, you accept and agree to abide by our Terms of Service (this document) and our Privacy Policy. The Order Form completion of the Service represents the electronic signing of these two documents.
As a Customer of our Services, you understand and agree also that it is beyond the power of Grosshosting to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.

1. ACCEPTANCE OF TERMS OF SERVICE

1.1.
Customer represents and warrants that, if an individual, Customer is at least 18 years old and otherwise legally competent in all respects. to, or, if an entity, Customer is limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Further, Customer represents and warrants all information provided by Customer to Grosshosting has been and is complete, accurate, and further agrees to update all such information as necessary to maintain complete, accurate and current information.

1.2.
Grosshosting intends to provide the best possible web hosting service to each of its Customers. Grosshosting is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, Grosshosting reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
1.3.
Customers may view the most current version of these Terms at www.grosshosting.com/en/terms.html. Any use of the Services by Customer, after changes, modifications, additions or deletions to these Terms are posted on the Grosshosting.com website, shall constitute Cusomer's acceptance of all such changes, additions, modifications or deletions. If a Customer does not agree to any such alterations to these Terms, the Customer's sole and exclusive remedy is to cancel the Customer's account as set forth in Paragraph 3 below.
1.4.
Notwithstanding Grosshosting's right to alter these Terms without prior notice, Grosshosting may, within its sole discretion and as a courtesy to all affected Customers, make an effort to provide Customers with 7 days advanced notice of any alteration of these Terms if it appears to Grosshosting, in its sole discretion, that said alteration may materially and adversely impact said Customer's use of the Services.
1.5.
If Customer is registering a new domain name with Grosshosting, or using or transferring a previously registered domain name in conjunction with Customer's use of the Services, Customer hereby acknowledges and agrees that Customer's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.


2. TERM — PAYMENT

2.1.
Term of Service. The term of Customer's subscription to the Services commences upon Customer's acceptance of these Terms and terminates as set forth in Paragraphs 3.1.
2.2.
Payment. Customer agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Customer agrees to update and keep current all of Customer's billing information, email and all other contact information. It is the Customer's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Grosshosting may use Merchant Updater Services to receive updated billing information from participating providers.
2.3.
Service is paid from Customer's billing panel itself. All services are provided only on the basis of 100% prepayment.


3. CANCELLATION OF SERVICES - REFUND POLICY

3.1
Cancellations and Refunds. Grosshosting provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
A)
Nonrefundable Fees: Fees paid by Customer in connection with the purchase of SSL certificates, domain privacy, and domain names are nonrefundable, as are Check Refunds of $10.00 or less due to processing fees.
B)
Cancellations within First 3 Days of Registration. In the event Customer cancels the Services within 3 calendar days of registration, Customer will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.1(A). Customer has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Customer's refund will be reduced by per domain name.
C)
Cancellations After 3 Days and Before 30 Days. In the event Customer cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 30 calendar days, Customer will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.1(A), subject to the following additional mandatory reductions:
i)
Free Domain Names: If Customer registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Customer's refund will be reduced by per domain name. Customer will retain full ownership and control of any such domain names.
D)
Cancellations After 30 Days. Customer may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.1(A) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less per "Free Domain Name."
E)
Notice of Cancellation. Customer agrees to direct all cancellation requests to Grosshosting via email, sales@groshosting.com. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Grosshosting. Customer must also confirm to Grosshosting that all emails, files, and databases are preserved and backed up somewhere other than Grosshosting server space.


4. PROPRIETARY RIGHTS

These Terms do not give Customer any rights in Grosshosting intellectual property or technology. Grosshosting and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Grosshosting from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

5. SECURITY AND OWNERSHIP

5.1
Site Security. Grosshosting uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Customer's obligation to maintain and control passwords to Customer's web site(s), and Customer exclusively is responsible for all activities that occur in connection with Customer's user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Customer or authorized users. Customer agrees to immediately notify Grosshosting of any unauthorized uses of the Service or any other breaches of security. Grosshosting will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer's failure to comply with the foregoing security obligations or caused by any person to whom Customer grants access to Customer's Services. Any programs or scripts available via the cPanel interface are solely the Customer's responsibility to update and secure.
5.2
Access and Control Policy. When a new account or domain, as applicable, is registered with or transferred to Grosshosting or with one of its affiliates, the process requires and results in the creation of the following within the records of Grosshosting, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; etc.
A)
If a person contacts Grosshosting and claims that he or she is entitled to access to an account, website, or domain registered with Grosshosting or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Grosshosting will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible. Otherwise, Grosshosting will not give access and control to a claimant.
B)
Customer acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Grosshosting arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Grosshosting from all liability and all claims for damages or any other liability whatsoever that may arise out of Grosshosting's following said policy and procedure.
5.3
Grosshosting claims no ownership interest in the content of Customer's web site(s). By submitting content and data to Grosshosting, Customer grant to Grosshosting, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Cusomer's copyrights and other rights, if any, in all material and content displayed in Cusomer's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Grosshosting's servers during the term of these Terms. Cusomer also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Customer's cancellation of the Services as set forth in Paragraphs 2.1 and 3.1.
5.4
Transfer of Ownership. Grosshosting is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with Grosshosting or its affiliates. By accessing Grosshosting's system, registering, or using any of the services provided by Grosshosting, the Customer, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Grosshosting or any of its affiliates are subject to the terms and conditions of Section 5.5 of these Terms.
A)
Grosshosting will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with Grosshosting or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager a written statement (in a form acceptable to Grosshosting or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) Grosshosting is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring Grosshosting (or affiliate) to transfer such ownership to said claimant.
B)
Customer acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Grosshosting; and, further, that any other changes made directly by Customer or by others within the online records of Grosshosting or of its affiliates shall not be deemed effective to give notice to Grosshosting or its affiliates of any changes in said ownership.
5.5
Disputing Site or Account Ownership Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Grosshosting or in an associated Grosshosting account. Grosshosting is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Grosshosting or in an associated Grosshosting account, and, in Grosshosting's sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Grosshosting will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Grosshosting of all liability or obligations concerning the dispute.


6. PROHIBITED USES

6.1
Breach of Terms and Account Termination. The uses of Grosshosting Services set forth in this section 9 hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Customer or by any affiliate or Customer of Customer ( as determined in the sole discretion of Grosshosting) constitutes a material breach of these Terms and will subject Customer's account to immediate termination without notice and without any refund.
6.2
Spamming. Spamming, whether or not it overloads the Services or disrupts service to Grosshosting's Customers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Grosshosting requires that all email messages contain an automated opt out . We do not allow purchased lists. Grosshosting's Customers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Grosshosting reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Grosshosting allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
6.3
Prohibited Offerings. No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
6.4
Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
6.5
Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
6.6
Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Grosshosting is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
6.7
Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
6.8
Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
6.9
Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
6.10
Anonymous Proxies. Grosshosting does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
6.11
Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Customer may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
6.12
Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Grosshosting is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
6.13
Other Illegal Activities. The use of the Services to engage in any activity that is determined by Grosshosting, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Grosshosting will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
6.14
Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
6.15
BACKUP STORAGE. GROSSHOSTING OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
6.16
Other Activities. Engaging in any activity that, in Grosshosting's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Grosshosting's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Grosshosting's Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Grosshosting in correcting or preventing violations of these Terms by, or that result from the activity of, a Customer, patron, customer, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.


7.COPYRIGHT, TRADEMARK, AND "IP RIGHTS HOLDER" NOTICE OF INFRINGEMENT INFORMATION

In accordance with the Digital Millennium Copyright Act, Grosshosting has adopted a policy that provides for termination of websites hosted by Grosshosting that are found to infringe on copyrights, trademarks or other intellectual property rights of third parties (each an “IP Rights Holder”) If a IP Rights Holder holder believes that there has been a violation of his or her copyright on a website that is hosted by Grosshosting or a Grosshosting subsidiary, and the IP Rights Holder wants Grosshosting to remove the website or disable the material in question, Grosshosting will remove the website or disable the material if the IP Rights Holder provides us with all of the following information.

7.1
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
7.2
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
7.3
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
7.4
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
7.5
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.


IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO GROSSHOSTING SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR GROSSHOSTING ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.