WEB HOSTING SERVICES AGREEMENT
Guruwebmedia.com offers a monthly subscription service that includes website development, hosting, and various marketing solutions. All website plans include monthly hosting of the website on Guruwebmedia.com’s owned servers known as “hosting services”. As per the terms and conditions of this Agreement (including all applicable schedules) and during the term of this Agreement, Guruwebmedia.com agrees to provide you with the hosting services that you have purchased during the sign-up process.
Amendment of Hosting Services: Guruwebmedia.com reserves the right to modify its hosting services and to add, delete, suspend or modify the terms and conditions of the hosting services at any time and from time to time. Guruwebmedia.com will determine whether and when such changes apply to both existing and future customers.
At Guruwebmedia.com, hosting services can be paid using a valid credit card or other acceptable payment method. Your hosting services fees, which can be annual, monthly, or other periodic payments, will be automatically charged to the credit card you provided during the sign-up process or any other credit card associated with your account. The payment will be charged in advance, and you authorize Guruwebmedia.com to charge your credit card for hosting services fees or any other new or additional fees.
Guruwebmedia.com reserves the right to determine the fees it will charge for hosting services and may amend such pricing at any time. If you do not agree to such changes, you may terminate this agreement or cancel your hosting services accordingly. Otherwise, the changes will be effective, and you agree that Guruwebmedia.com is authorized to charge your credit card for any new or additional fees on the next payment cycle.
If your data usage or storage exceeds the amount allowed by your hosting services package, Guruwebmedia.com may upgrade you to the next level package that supports your usage. You will be charged a prorated upgrade fee, and your renewal hosting services fees will be charged at the new rate. If you do not agree to the upgrade, you may terminate this agreement or cancel your hosting services within five days of such upgrade. Otherwise, the changes will be effective, and you agree that Guruwebmedia.com is authorized to charge your credit card for any upgrade fee and new hosting services fees.
Aside from regular service fees, Guruwebmedia.com may charge installation fees and other one-time charges for any optional services provided. Billing for one-time charges will be via valid credit card at the time of purchase. You authorize Guruwebmedia.com to charge your credit card for one-time charges at the set price on our website.
If you terminate or cancel any package before the completion of any limited money-back guarantee term for that package, Guruwebmedia.com will charge you a processing fee. You authorize Guruwebmedia.com to charge your credit card for the processing fee.
Guruwebmedia.com will suspend your account if you request a chargeback on your credit card for automatic charges on your credit card for excess data transfer usage.
Term: Guruwebmedia.com provides website hosting services on a monthly or yearly basis, subject to the terms and conditions of this Agreement. The hosting services will automatically renew at the end of each term unless either party terminates the Agreement.
Cancellation: You may cancel your hosting services at any time by notifying Guruwebmedia.com. Your cancellation will be effective as of the end of the billing cycle in which the notice was received. No refunds will be issued for fees already paid to Guruwebmedia.com, except for any money-back guarantees that may apply to your services. The Agreement and this addendum will be terminated upon the cancellation of your hosting services, provided you have no other services with Guruwebmedia.com.
Termination for Cause: Guruwebmedia.com may suspend or terminate your hosting services, remove your content, or suspend your access if it determines, in its sole discretion, that you have breached any term of the Agreement or engaged in any activity that may harm Guruwebmedia.com, its network, or its users. Guruwebmedia.com may also terminate your hosting services without cause upon notice to you.
Refund: If Guruwebmedia.com terminates your hosting services without cause, you may be eligible for a refund of your hosting fees for the current term.
Guruwebmedia.com provides website hosting services to clients, but there are some limitations of liability and responsibility that clients should be aware of:
Content Disclaimer and Limitation of Liability: Guruwebmedia.com is not responsible for the content of any information transferred to or from clients or stored by clients or their end-users through the website hosting services provided by Guruwebmedia.com. Clients accept full responsibility for verifying the truth and accuracy, legality, and ownership of the data that they disseminate or display in connection with their use of the internet hosting services or acquire from the internet.
Data Backups Disclaimer and Limitation of Liability: Guruwebmedia.com has no obligation to back up any data related to clients’ websites unless expressly agreed to in writing or stated on the website. Therefore, clients are responsible for regularly backing up their data, regardless of whether or not Guruwebmedia.com agrees to or actually backs up any data. Any backups provided with the hosting services will be allocated to any applicable storage package.
Corrective Action Disclaimer and Limitation of Liability: If Guruwebmedia.com takes any corrective action under this agreement in response to clients’ or their end-users’ actions or failures to act, that corrective action may adversely affect clients or their end-users. Clients agree that Guruwebmedia.com shall have no liability to them or their end-users as a result of any corrective action taken by Guruwebmedia.com.
Internet Content Disclaimer and Limitation of Liability: Data obtained by clients from the internet may be inaccurate, offensive, or illegal, and Guruwebmedia.com has no control over such data. Guruwebmedia.com accepts no responsibility for any information that clients may obtain or transmit through the internet.
Limitation of Liability: Guruwebmedia.com shall not be liable for any damages, including but not limited to, lost savings, any lost profits, business interruption, loss of data, or incidental damages arising out of the operation of or inability to operate these web pages or website, even if the client has been advised of the possibility of such damages.
As part of its hosting services, Guruwebmedia.com provides users with data transfer limits for their websites. These limits ensure that users do not exceed their allocated bandwidth and storage space. This clause discusses the policies and guidelines that apply to data transfer limits on Guruwebmedia.com.
Data Transfer Overage Prices: Users are required to abide by the data transfer (bandwidth) and storage space limits set forth by Guruwebmedia.com. If a user exceeds these limits, Guruwebmedia.com may take corrective action, which could include additional fees and/or suspension or termination of hosting services. The user agrees that Guruwebmedia.com will not be liable for any corrective action taken and that no refunds will be issued for any fees paid in advance.
Limitations on Extra Bandwidth: Users are not able to purchase extra bandwidth usage in advance. If a user exceeds their data transfer limit in the final 24 hours of a given month, Guruwebmedia.com will not charge extra fees for data transfer overages as long as it does not exceed 9GB. Guruwebmedia.com provides its users with clear policies and guidelines on managing data transfer limits. By adhering to these limits, users can ensure that their websites remain functional and that their hosting services are not interrupted due to exceeding their allocated bandwidth and storage space.
Under this agreement, the hosting services provided by Guruwebmedia.com may include additional services or products that they offer, or products or services provided by third parties with whom they have a business relationship. Your use of these additional services may be subject to a separate application and/or approval process and may require you to enter into separate agreements with Guruwebmedia.com or third parties. Some of these agreements may require you to pay additional fees in addition to the fees you pay for the hosting services. Guruwebmedia.com will inform you when your receipt of additional services requires you to enter into a separate agreement and whether you will be required to pay additional fees.
Commercial Banking Relationship: Depending on the services you have chosen to acquire, you may be responsible for establishing and maintaining a commercial banking relationship with a financial institution. The terms of such a relationship will be between you and the financial institution and may not necessarily reflect or contain terms of any agreements Guruwebmedia.com may have with the institution.
Third-Party Providers and Successors: You agree that Guruwebmedia.com’s third-party providers offering any services as part of the hosting services, and their successors, are intended third-party beneficiaries under this agreement and will be entitled to enforce your obligations under this agreement.
Additional Terms and Conditions in Other Schedules: You acknowledge and agree that other schedules in this agreement may apply to the various services included in your hosting services package, such as schedules related to domain name registration, email, personal registration, etc., and that you have read and agree to be bound by the additional terms and conditions in these schedules.
Domain Name Listing and Parking Pages: You agree that any domain name listing, sub-listing, file name or path that does not resolve to an active web page on your website being hosted by Guruwebmedia.com may be used by Guruwebmedia.com to place a “parking” page, “under construction” page, or other temporary page that may include promotions and advertisements for Guruwebmedia.com’s website, product and service offerings, third-party websites, third-party product and service offerings, and/or web search engines. Guruwebmedia.com may change the content and/or appearance of or disable any of these temporary pages at any time, at its sole discretion, and without prior notice.
Guruwebmedia.com guarantees that the hosting services will be available 99.9% of the time, subject to certain limitations and exceptions. If the hosting services are not available for this percentage of the time, the customer may be entitled to a credit for hosting services fees, subject to the terms and conditions of this policy.
Availability Guarantee Limitations and Exceptions: The availability guarantee does not apply to interruptions caused by the following: errors resulting from custom scripting or coding by the customer; interruption caused by third-party software installed by the customer; corrective actions taken by Guruwebmedia.com pursuant to the terms of this agreement; outages that do not affect the creation of the website but only affect access to the website such as FTP and email; net frailties; periodic scheduled maintenance or maintenance that Guruwebmedia.com may undertake from time to time; and causes beyond the control of Guruwebmedia.com or that are not reasonably foreseeable by Guruwebmedia.com.
Uptime Measurement and Determination of Service Outages: Guruwebmedia.com proactively monitors infrastructure uptime through proprietary and/or other licensed commercial systems. The results of these monitoring systems shall provide the sole and exclusive determination of the customer’s service uptime. Scheduled maintenance to Guruwebmedia.com systems is excluded from the calculation of uptime as well as events causing downtime that are outside the control of Guruwebmedia.com or are due to third parties.
Credit Policy: If the hosting services are not available 99.9% of the time, the customer may be entitled to a credit for hosting services fees, subject to the terms and conditions of this policy. The customer may receive a credit of $2 per hour of downtime, up to 100% of the total monthly fees paid to Guruwebmedia.com. The credit may be used only for the renewal of hosting services, and is exclusive of any applicable taxes. The maximum credit will not exceed the total monthly hosting fees paid to Guruwebmedia.com in any given month.
As a user of the hosting services provided by Guruwebmedia.com, you are solely responsible for the content submitted, stored, distributed, or disseminated through your website, including any third-party content. By using the hosting services, you grant to Guruwebmedia.com a non-exclusive, worldwide, and royalty-free license to cache, copy, display, use, and transmit the content in connection with the performance or enforcement of the agreement. The license is revocable only upon termination of the hosting services.
As a user, you are responsible for providing, updating, uploading, and maintaining all content on your website. This includes any registered domain names provided by you or registered on your behalf. Guruwebmedia.com does not systematically monitor the content of your website and has no responsibility to do so. Therefore, you are solely responsible for the content of your website, as well as any activities of your end users.
Guruwebmedia.com has the absolute discretion to take immediate corrective action, including removal of all or a portion of your content, suspension or termination of your hosting services, if it becomes aware of any possible violation of the agreement, including the addendum, the service agreement, the acceptable use policy, etc. by you or your end users.
You agree that Guruwebmedia.com shall have no liability to you or any of your end users due to any corrective action taken. Furthermore, you agree to additional rules of use for supplementary services provided by Guruwebmedia.com, which are outlined in the services agreement.
As a user of Guruwebmedia.com’s web hosting services, you must take necessary steps to ensure the security and protection of your website and all its content. You bear the full responsibility of any loss or damage to your website and its content. It is crucial to maintain the confidentiality of your password and account information to prevent unauthorized access to your account.
As the account holder, you are responsible for all acts, omissions, and charges incurred in connection with your account or password. You must take measures to prevent any loss or damage to your content and ensure the security, confidentiality, and integrity of your content transmitted through or stored on Guruwebmedia.com servers. You must also keep an independent backup of your content to ensure it remains safe and accessible.
Guruwebmedia.com’s servers are not an archive and, therefore, not liable for any loss, damage, or destruction of your content. In case of termination of your web hosting services, transferring your website off the Guruwebmedia.com servers is your sole responsibility, as Guruwebmedia.com will not transfer or FTP your website to another provider.
No Liability for Violations: Guruwebmedia.com shall not be liable for any of your violations of these terms of service, and you acknowledge that they have no responsibility to back up any data related to your website.
As a user of Guruwebmedia.com’s hosting services, you acknowledge and agree that there may be additional terms, conditions, and agreements that apply to the various services included in your hosting package. These additional terms and conditions may relate to domain name registration, email, personal domain name registration, and other services. It is your responsibility to read and agree to be bound by these additional terms and conditions. By using these services, you agree to abide by all the terms and conditions outlined in this agreement, as well as any additional terms and conditions that apply to the specific services provided to you by Guruwebmedia.com. Failure to comply with these terms may result in corrective action, including suspension or termination of your hosting services.