Terms of Service
1. Client Agreement.
GrapesCloudHost("we","us") provides cPanel hosting, Windows hosting, domain registration, reseller hosting, VPS hosting, Cloud hosting and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on GrapesCloudHost. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. GrapesCloudHost reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when GrapesCloudHost decides that the account has been inappropriately used or otherwise.
2. Indemnification.
Customer agrees that they will protect, indemnify, save and hold GrapesCloudHost harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against GrapesCloudHost, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold GrapesCloudHost harmless against liabilities arising out of - Any injury to person or property caused by any products sold or distributed in association with GrapesCloudHost's Services; The loss of any electronic files furnished by customer (Or customer's customer); Copyright violation and any defective products sold to a customer from GrapesCloudHost's Services
3. Conditions
GrapesCloudHost reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of law is prohibited. The list of banned content includes, but is not limited to :- Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading. Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account. IRC Hosts - Hosting host an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination. We do not allow any kind of mining activity (Data mining, Crypto currency mining) on our servers.
4. Prohibited Contents also includes, but is not limited to :
Any Automated Bots Warez Sites Hate Sites Child Pornography GrapesCloudHost reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
5. Abuse Of Resources.
* Any attempts to compromise or actual compromise of a network device belonging to GrapesCloudHost or any other company, individual, or other entity is strictly prohibited. * This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service. * Denial of Service (DOS) attacks directed at GrapesCloudHost, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service. * Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service. * The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service. * The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance. If any client is in any way disrespectful towards any member of the GrapesCloudHost staff we have full right to remove them from our services without any refund.
6. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM).
Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
7. Bandwidth usage.
If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month. Some plans are provided with unmetered bandwidth. Unmetered means that we do not accurately record and then enforce the bandwidth usage of your plan unless it is deemed to be using an excessive amount. An excessive amount is classed as either using more than 15% of the total bandwidth available to any single physical server or that your usage is such that it is affecting the performance of the server to the detriment of other clients as determined by our engineers. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.
8. VPS Rules.
We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS' themselves. The support team will not be responsible for this. With windows VPS, we provide evaluation version which can be re-activated after every 6 months. Customer can use their own license to activate operating systems on VPS. Customer has to manage their custom third party applications/softwares installed on VPS if any, support team may assist for installation or removal of such applications/softwares as per circumstances.
9. Email Service Usage Norms.
Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. GrapesCloudHost would be the sole arbiter as to what constitutes a violation of this provision. In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 200 outgoing mails per hour, our VPS & Cloud VPS customers would be able to send 500 outgoing mails every hour and the Cloud hosting customers may send 1500 outbound mails per hour, customers having dedicated servers may send 3600 mail per hour.
10. Backup Policy.
GrapesCloudHost will make every reasonable effort to protect and backup data for client on a regular basis, however GrapesCloudHost does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Any backup copy maintained by GrapesCloudHost will not have any media file included in it. You as a GrapesCloudHost User agree that in no case, GrapesCloudHost can be held responsible for the loss of data in any circumstances. Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by GrapesCloudHost will not have any emails or media file included in it.
11. Unlimited Hosting & Free SSL.
"Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts. Default size limit of each mailbox will be 500MB, however clients requiring extra space for mails under unlimited hosting mail box should not exceed 2GB and combined mail box size per domain should not exceed 20GB. This is applicable for Linux & Windows based shared and reseller and business hosting plans having unlimited resources as mentioned in plan details. Free SSLs are provided using third party free ssl service providers. Dedicated SSL certificates is paid service.
12. Uptime Guarantee.
Any service interruptions or downtime due to scheduled maintenance by GrapesCloudHost or our network providers will not count towards the uptime guarantee. GrapesCloudHost is not liable in any way for failure of third party services. GrapesCloudHost will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
13. Security.
You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences. Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. GrapesCloudHost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. PHP mail function is disabled on all our shared and reseller servers. If you wish to send email from your website or contact forms, you will have to use SMTP authentication.
14. Refusal of Service.
We reserve the right to refuse, cancel, or suspend service at our sole discretion GrapesCloudHost reserves the right to modify / change the terms of service at all times. All customers would be bound by the newest terms published on the website.