Web Hosting Terms

The following policies provide additional terms and conditions related to your SiteGuru Web hosting account. In addition to these Terms and Conditions, customers who order Web Hosting services must also comply with and accept the SiteGuru General Terms and Conditions.

Illegal Usage

SiteGuru servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Adult content by way of pornography and sex-related merchandising, Pirated software / Warez, Hackers programs or archives, MP3, IRC bots, Proxy Scripts / Anonymizers, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. SiteGuru reserves the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

The subscriber to SiteGuru service agrees to indemnify and hold harmless SiteGuru from any claims resulting from the use of the service that damages the subscriber or any other party. SiteGuru will be the sole arbiter as to what constitutes a violation of this provision.

SERVER RESOURCES

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, bandwidth and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. SiteGuru shall be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting the server performance or the network integrity will be cautioned by SiteGuru. A Repeated offence may incur suspension of the account in question.

BACKUPS & CLIENT RESPONSIBILITY

The client assumes responsibility for all backups of any content on a SiteGuru Web Hosting account including any Websites, Email or Databases.

Backups can be performed through the client’s control panel interface at any time by selecting the “Backups” option and downloading a “home directory backup” to a local computer. SiteGuru is NOT liable for any lost data, time, income or any other resource due to server downtime or failure, faulty backups or non-existent backups.

The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that has been created for them by SiteGuru. Use of SiteGuru service requires a certain level of knowledge. The client agrees that he or she has the necessary knowledge to create and maintain their own email account with the instructions provided to them upon account activation. Client agrees that it is not the responsibility of SiteGuru to provide this knowledge or support outside matter specific to SiteGuru servers.

SPAM AND UCE (UNSOLICITED COMMERCE EMAIL)

Spamming, or the sending of mass unsolicited email, from or through a SiteGuru server or using an email address that is maintained on a SiteGuru machine is STRICTLY prohibited. SiteGuru will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channelling activities through a SiteGuru server as a mail drop for responses, you are in violation. Violators may attract penalty fines and/or immediate suspension of their account. SiteGuru reserves the right to decide what it considers “SPAM” and terminate any account that violates this policy.

SERVER ABUSE

Any attempts to undermine or cause harm to a SiteGuru server or customer of SiteGuru is strictly prohibited. Any sub-networks of SiteGuru and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.

ACTIONS TAKEN BY SITEGURU

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. SiteGuru will be the sole arbiter as to what constitutes a violation of the AUP. SiteGuru reserves the right to remove any account without prior notice.

When SiteGuru becomes aware of an alleged violation of its AUP, SiteGuru will initiate an investigation. During the investigation, SiteGuru may restrict a customer’s access in order to prevent further potentially unauthorized activity.

Depending on the severity of the violation, SiteGuru may, at its sole discretion, restrict, suspend, or terminate a customer’s account and/or pursue other civil remedies. If such violation is a criminal offence, SiteGuru will notify the appropriate law enforcement authorities of such violation.

SiteGuru does not issue credits for outages incurred through service disablement resulting from AUP violations. SiteGuru customers agree to indemnify and hold harmless SiteGuru from any claims resulting from the use of our services that damages them or any other party. The SiteGuru service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SiteGuru expressly disclaims any representation or warranty that the SiteGuru service will be error-free, secure or uninterrupted. No oral advice or written information given by SiteGuru, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SiteGuru and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

BANDWIDTH

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer’s responsibility to ensure they do not exceed their assigned limits. Our system may automatically suspend your account for that month if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

Unused transfer in one month cannot be carried over to the next month.

INDEMNITY

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SiteGuru; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a SiteGuru server. (5) Any service response times, ‘uptime’ or ‘downtime’ figures stated by SiteGuru are approximate only and SiteGuru shall not be liable for any direct or indirect loss or damage to a business or their website arising from its failure to meet such response times, howsoever occasioned.

By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.

REFUSAL OF SERVICE

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

MODIFICATION OF TERMS

SiteGuru reserves the right to add, delete, or modify any provision of this agreement at any time without notice.