Terms & Conditions

The following terms and conditions (these “Terms”) govern the provision by ServerGurus of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.”

Account Setup/ Email and Phone Number on file

  • We will setup your account after we have received payment and we and/ or our payment partner(s) have screened the order(s) incase of fraud.
  • A valid phone number is required for order setup, as a call is placed for order verification.
  • In addition, it is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
  • If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.
  • It is your responsibility to ensure the email address on file is current and/ or up to date at all times.
  • Providing false contact information of any kind may result in the termination of your account.
  • In dedicated server purchases or high risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase.
  • If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Account Content

  • All services provided by ServerGurus may only be used for lawful practices, and purposes. The laws applied to the state of Delaware, USA.
  • Every customer agrees to indemnify and hold harmless ServerGurus from any claims resulting from the use of our services.
  • In addition, the use of our services to infringe upon any copyright or trademark is adamantly prohibited.
  • This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted material.
  • Any offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
  • If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required.
  • Examples of unacceptable material on VPS, Dedicated and Hosting are listed in AUP. For more informations please check Acceptable Usage Policy
  • We reserve the right to refuse service to anyone. Any material that, in our judgement, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
  • Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/ email and will have a response within 48 hours.
  • If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.
  • Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:
  • Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
  • Violations will be reported to the appropriate law enforcement agency.

Responsibility

  • It is your responsibility to ensure that scripts/ programs installed under your account are secure and permissions of directories are set properly, regardless of installation method.
  • When at all possible, set permissions on most directories to 755 or as restrictive as possible.
  • Users are ultimately responsible for all actions taken under their account.This includes the compromise of credentials such as username and password.
  • It is required that you use a secure password.
  • To generate passwords please login into cPanel and use the generator.

Zero Tolerance Spam Policy

  • We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
  • Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usernet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
  • ServerGurus reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
  • ServerGurus reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ServerGurus. The clean up fee will contain fee from damages to the servers, the process of cleaning the spam up, and then a fee for all other costs associated at are discretion. A mandatory fee will be a $500.00 USD fee charge due to the spam on ServerGurus networks.

Payment Information

  • You agree to supply appropriate payment for the services received from ServerGurus, in advance of the time period during which such services are provided. You agree that until and unless you notify ServerGurus of your desire to cancel any or all services received, those services will be billed on a recurring basis.
  • Cancellations must be done in via the cancellation form provided in the client area. To get to this area please follow these directions : Client Area > My Hosting Packages > View Details > Request Cancellation. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
  • As a client of ServerGurus, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. ServerGurus provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
  • Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact sales at www.servergurus.com
  • ServerGurus reserves the right to change the monthly payment amount and any other charges at any time. Current ServerGurus clients will never pay more for a monthly service than at the time of sign up. This is void when signing up under a promotion.

Backups and Data Loss

  • Your use of the service is at your sole risk unless and until specified in the service we offer.
  • ServerGurus is not responsible for files and/ or data residing on your account.
  • You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ServerGurus servers.

Cancellations and Refunds

  • ServerGurus reserves the right to cancel any account at any time with or without notice.
  • Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
  • Customers may cancel at any time via a cancellation request. ServerGurus gives you an unconditional 30 day money back guarantee on managed shared, reseller, VPS and backup storage hosting solutions on your first service with us.There are no refunds on dedicated servers, administrative fees, install fees for custom software, domain name purchases, SSL Certificated, or Web Design. Refund requests after the initial 30 days will not be refunded.
  • Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
  • Monthly, Quarterly, Semi-Annually, and Annually Payment plans are only refundable on or before the 30th day of service. Monthly, Quarterly, Semi-Annually, and Annually Payment plans are NOT refundable after the 30th day of service. When paying through any gateway, refunds will only contain the amount received to us after gateway fees are deducted from the payment.
  • ServerGurus Credit also known as Account Credit Balance is not, and will not be refunded under any circumstances. Please take full responsibility when adding credit to your account.
  • Please also realize that the amount added to your account will be the amount ServerGurus receives after payment gateway fees have been deducted.
  • Payments made via Bitcon and Stripe Alipay can be refunded to account credits but are not refundable to source of payments under any circumstances.
  • Violations of the Terms of Service will waive/ void the refund policy.

Resource Usage

  • Any user may not :
  • Run any type of web spider or indexer (including Google Cash/ AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
  • Participate in any file-sharing/ peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield, etc ( unless it's a game server plan )

Bandwidth Usage

  • You are allocated a monthly bandwidth allowance.
  • This allowance varies depending on the hosting package you purchase.
  • Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation or until more bandwidth is purchased at an additional fee.
  • Unused transfer in one month cannot be carried over to the next month.

Uptime Guarantee

  • If your hosting server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account.
  • Approval of the credit is at the discretion of ServerGurus dependant upon justification provided.
  • Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability.
  • The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services.
  • To request a credit, please contact [email protected] with justification. All requests must be made in writing via email or ticket.

Transfers/Account Migrations

  • Our transfer team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process.
  • We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently.
  • We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

Price Change

  • The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ServerGurus, and the right to increase the amount of resources given to plans at any time.

Indemnification

  • Customer agrees that it shall defend, indemnify, save and hold ServerGurus harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ServerGurus, 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 harmless ServerGurus against liabilities arising out of:
  • Any injury to person or property caused by any products sold or otherwise distributed in connection with ServerGurus
  • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement and any defective products sold to customers from ServerGurus server.

Arbitration

  • By using any ServerGurus services, you agree to binding arbitration. If any disputes or claims arise against ServerGurus or its subsidiaries, such disputes will be handled by an arbitrator of ServerGurus's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclaimer

  • ServerGurus shall not be responsible for any damages your business may suffer.
  • ServerGurus makes no warranties of any kind, expressed or implied for services we provide.
  • ServerGurus disclaims any warranty or merchantability or fitness for a particular purpose.
  • This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ServerGurus and its employees.

Disclosure to law enforcement

  • ServerGurus may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
  • We will cooperate fully with law enforcement agencies.

Changes to the TOS

  • ServerGurus reserves the right to revise its policies at any time without notice.