This policy represents
the GrandsWebServices.com Terms of Service ("TOS") in its
entirety and supersedes any other written or oral policy. This policy
defines the terms of service all customers agree to when they sign-up
for hosting services with GrandsWebServices.com.
reserves the exclusive right to revise, change, or amend any portion
of this policy at any time, without advance notice to customers. Customers
using any services offered by GrandsWebServices.com consent to be bound
by and must comply with all policies in this TOS. At the sole discretion
of GrandsWebServices.com, any violators of this TOS may have their services
canceled without refund and/or, if deemed appropriate, be legally prosecuted.
PLEASE READ THIS
AGREEMENT CAREFULLY. BY CLICKING ON THE 'BUY NOW' BUTTON ON THE ORDER
FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE
& ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT.
for GrandsWebServices.com maintaining one or more accounts (each "account"),
you agree to the following terms of service.
or "Provider" or "GrandsWebServices.com."
"You" "Your" "Client" "Customer"
or "Member" - Each person or entity who applies for Internet
service or is a designate of anyone who applies for Internet service.
The Internet is
a complex network of equipment, services, and providers of information,
thus the service may not be available to you at all times. That said,
GrandsWebServices.com offers a 99.9% up time guarantee. This is valid
for only the connection. GrandsWebServices.com will pursue all resources
and channels available to maintain maximum up time; however, GrandsWebServices.com
is not responsible for any down time caused by a client's error. GRANDSWEBSERVICES.COM
MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither GrandsWebServices.com
nor any one else involved in the provision of service is liable to you
or any third-party for direct or indirect damages resulting from the
use or nonuse of services provided herein, whether or not such damages
resulted from the negligence of GrandsWebServices.com, even if GrandsWebServices.com
has been advised to the possibility of such damages.
IN NO EVENT SHALL
GRANDSWEBSERVICES.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE,
OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS,
E-MAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION
TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE GRANDSWEBSERVICES.COM'S
SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF GRANDSWEBSERVICES.COM'S
SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF GRANDSWEBSERVICES.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GRANDSWEBSERVICES.COM'S
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO GRANDSWEBSERVICES.COM
FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT
APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, GRANDSWEBSERVICES.COM'S LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify,
defend, and hold GrandsWebServices.com and its affiliates, directors,
officers, employees, and agents harmless from and against any liabilities,
losses, damages or costs, including reasonable attorneys' fees, resulting
from any third-party claim, action, dispute, or demand related to your
use of the services, your violation of any of the provisions of this
agreement, or from your placement or transmission of any materials or
content onto GrandsWebServices.com's servers. Such liabilities may include,
but are not limited to, those arising from the following: (a) with respect
to your business, (i) infringement or misappropriation of any intellectual
property rights; (ii) defamation, libel, slander, obscenity, pornography,
or violation of the rights of privacy or publicity; or (iii) spamming,
or any other offensive, harassing or illegal conduct or violation of
the acceptable uses described herein or Anti-Spam policy; (b) any damage
or destruction to GrandsWebServices.com's equipment or to any other
account holder, which damage is caused by or otherwise results from
acts or omissions by you, or your designated representative(s); (c)
any personal injury or property damage arising out of your activities
related to the services, unless such injury or property damage is caused
solely by GrandsWebServices.com's gross negligence or willful misconduct;
and (d) any other damage arising from your equipment or your business.
Services Provided by GrandsWebServices.com
Web Hosting Services
will provide web hosting services or Internet server rental ("the
service") to its members for the express purpose of allowing customers
to provide http Internet content to the general public. The service
allows GrandsWebServices.com members to maintain Internet websites,
receive, and maintain e-mail accounts, and access web space via FTP
to upload files for their websites. For the term of the agreement as
set forth herein, GrandsWebServices.com agrees to provide these services
according the plan selected by you upon activation of your account.
GrandsWebServices.com reserves the right to change, amend, and/or otherwise
alter the services provided with equivalent or otherwise equal services
without prior notice to you. The specifics of any particular offer are
contained within the offer itself as published on the GrandsWebServices.com
website at the time you create your account and remain in effect throughout
the term of your agreement. Services shall be defined as server space
and data transfer allowances for the purposes of displaying a business
or personal website.
GrandsWebServices.com members will use the provided services in a manner
consistent with any and all applicable state and US federal laws. GrandsWebServices.com
provides the services exclusively and makes no effort to edit, control,
monitor, or restrict the content of data other than as necessary to
provide such services. If any of the below activities are committed,
GrandsWebServices.com can terminate a client's account without notification.
"unlimited" disk space/bandwidth and Shared Web Hosting
Our web hosting
solution has specifically been designed to serve the web hosting needs
of small and independently owned and operated businesses and organizations
throughout the world. Since you will be hosting your website with hundreds
of others on our servers in a virtual community, our offerings are really
not intended to support enterprise level or large company requirements.
For that, we recommend purchasing at least a virtual private server
or dedicated server solution.
web hosting is a shared web hosting service, which ultimately means
a number of customers' websites are hosted within the same server environment.
To ensure that our hosting is first-class, reliable, and available to
all customers within that server community, an individual customer's
website usage cannot adversely affect the performance of other customers'
sites. Our servers are monitored 24/7/365 and in no way can one customer
adversely affect the performance of that server. If this happens, we
will take preventative measures to ensure that the entire community
Lastly, our web
hosting service is intended to host websites, not backup or storage
facility for users' data. Using your web hosting account primarily as
an online storage space for archiving electronic files and images is
strictly prohibited. Our servers are for web hosting usage only.
Shared web hosting
accounts may not resell web hosting services.
and Other Services
At a customer's
request, GrandsWebServices.com may also acquire a second-level domain
name ("domain name"), on behalf of a customer. GrandsWebServices.com
will not own or otherwise control any domain name registered on your
behalf. GrandsWebServices.com provides this service as a convenience
to you only and you hereby waive any and all claims which you may have,
or which may later arise, against GrandsWebServices.com for any and
all damages, losses, claims, or expenses arising from or related to
the acquisition, registration and/or use of the domain name. Any costs
incurred by GrandsWebServices.com to obtain and/or maintain the domain
name on your behalf shall be charged to you by GrandsWebServices.com
under the provision therefore elsewhere herein.
offers a listing of additional services in conjunction with its domain
registration and web hosting services. The terms of these services are
governed by this agreement. The details of these services are as indicated
within the GrandsWebServices.com website.
Upon request, the
GrandsWebServices.com member may elect to use GrandsWebServices.com's
Privacy Registration Service. If so, you agree to be bound by the terms
of GrandsWebServices.com, which may be found on the GrandsWebServices.com
website. The terms of Privacy Registration Policy are incorporated into
this agreement as though they were fully set forth at length herein.
You agree to maintain your registration information in full compliance
with this agreement and the terms of the Privacy Registration Policy.
Failure to so comply is cause for immediate suspension of all GrandsWebServices.com
GrandsWebServices.com offers this service in compliance with all domain
name registration laws and obligations under all jurisdictions.
IP Address Ownership
During the course
of providing services to a customer, GrandsWebServices.com may assign
a customer an Internet Protocol address. The customer agrees that he/she
has no right to a particular IP address under this agreement, and accordingly,
GrandsWebServices.com shall retain ownership of any IP address or addresses
used by the customer under this agreement, and that GrandsWebServices.com
reserves the right to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion.
a) Client Content:
The client agrees that web pages and files uploaded to servers will
not violate any state, federal, or foreign laws or regulations; infringe
on any intellectual property rights of GrandsWebServices.com or any
third party; be defamatory, slanderous or trade libelous; be threatening
or harassing; be discriminatory based on gender, race, age; promote
hate; or contain viruses or other computer programming defects which
result in damage to GrandsWebServices.com or any third party. Customers
may not run IRC, bots, or clients. Unacceptable uses also include:
bulk unsolicited e-mailing, unsolicited e-mailings, newsgroups spamming,
child pornography, hard-core pornography or links to such sites, copyrighted
MP3, illegal content, copyright infringement, trademark infringement,
warez, cracks, software serial numbers. GrandsWebServices.com will
be the sole and final arbiter as to what constitutes a violation of
this policy. GrandsWebServices.com does not normally monitor the contents
of clients' servers; however, if suspicion occurs, GrandsWebServices.com
reserves the right to investigate and terminate the client's subscription
to the service.
b) Bandwidth Usage:
GrandsWebServices.com offers an unlimited amount of data
transfer per month. GrandsWebServices.com reserves the right to review
and place limitations on those accounts that adversely affect an individual
servers processing performance.
c) Excessive Resource
User Policy: Resources are defined as bandwidth, memory, and/or processor
utilization. A website is considered using "excessive amounts
of resources" when it monopolizes the resources available using
1% or more of system resources for longer than 60 seconds. There are
numerous situations where such problems could be caused, including,
but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only
implemented in extreme circumstances and is intended to prevent the
misuse of our servers. GrandsWebServices.com will be the sole and
final arbiter as to what constitutes a violation of this policy.
d) No "Spam":
UCE(Unsolicited Commercial E-mail)/UBE (Unsolicited Bulk E-mail) or
"spam" originating from a server located on our network
or associated with a GrandsWebServices.com server is not tolerated.
This includes any e-mail that promotes websites hosted on a server
located on the GrandsWebServices.com network, but which is sent from
an e-mail address not associated with a GrandsWebServices.com account.
The client shall not use their GrandsWebServices.com services for
chain letters, junk mail, bulk-email, or any use of distribution lists
to any person who has not given specific permission to be included
in such a process. GrandsWebServices.com reserves the right to deactivate
or terminate any account(s) upon any indication of such activity without
notice. There may be a $200 cleanup fee if an account was suspended
for policy violation. In the event of a dispute GrandsWebServices.com
reserves the right to determine, in its sole and discretion, whether
e-mail recipients were from an opt-in e-mail list.
e) False Information:
The client agrees not to post false or inaccurate information to news
groups in violation of the news groups rules and regulations. If any
news groups or service provider contact GrandsWebServices.com concerning
unethical, false, or unlawful activities by you, GrandsWebServices.com
reserves the right to terminate your service without notice.
f) Licensed Software
Only: The client agrees to use only properly licensed third party
software in connection with the client's use of the services.
g) Back-up Files:
GrandsWebServices.com provides the tools needed to create back-ups
of account data. It is the responsibility of the customer to keep
up-to-date archives of his/her backed up data. GrandsWebServices.com
currently does not utilize any back-up services and is not responsible
for any lost data.
h) No Unauthorized
Scripts or Executables: The customer agrees not to run any scripts,
executables, or other programs or processes on GrandsWebServices.com
servers or other equipment that will in any way adversely affect the
performance of said equipment.
of Intellectual Property Rights: The customer agrees that it shall
not violate any intellectual property rights and that it shall not
resell services to any party which violates intellectual property
rights. Any violation of any individual or entity's intellectual property
rights including rights of privacy and rights of publicity is prohibited.
GrandsWebServices.com 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.
j) Viruses and
Other Destructive Activities: Use of the services for creating or
sending malicious, destructive, or nuisance code, examples of which
include but are not limited to, viruses, worms and Trojan horses,
or for pinging, flooding or mail-bombing, or engaging in denial of
service attacks is prohibited and is a breach of this agreement. The
customer also agrees not to engage in any 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).
k) Malicious or
Unauthorized Hacking: The customer agrees not to conduct or promote
any 'hacking' activity and agrees that 'hacking' as herein defined
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 malicious
or unauthorized hacking or cracking. Any such activity on the part
of customer is a material breach of this agreement.
l) Child Pornography:
The use of the services to store, post, display, transmit, advertise,
or otherwise make available child pornography is prohibited. GrandsWebServices.com
will as required by law, notify law enforcement agencies when it becomes
aware of the presence of child pornography on, or being transmitted
through, the services.
m) Other Illegal
Activities: The use of the services to engage in any activities that
are determined by GrandsWebServices.com, in its sole and absolute
discretion, to be illegal or which in GrandsWebServices.com's opinion
are likely to be found to be illegal is prohibited. Such illegal or
potentially illegal activities include, but are not limited to, storing,
posting, displaying, transmitting or otherwise making available ponzi
or pyramid schemes, password and cracking information, fraudulently
charging credit cards or displaying credit card information or other
private information of third parties without their consent, and failure
to comply with applicable on-line privacy laws. GrandsWebServices.com
will cooperate fully with appropriate law enforcement agencies in
connection with any and all illegal activities occurring on or through
n) 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 (or pictures, etc.) is
o) Data Warehousing:
The servers provided by GrandsWebServices.com are intended for web
services use only. Any use of our servers for file storage, data warehousing,
back-up data storage, or any form of data file storage or management
is prohibited. GrandsWebServices.com servers are intended for web
enabled services and hosting.
Activities: The client will not run services or software related to
Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"),
bit torrent, game servers, proxy server network, or interactive chat
applications The client is strictly prohibited from running a P2P,
membership or community site for file sharing, video sharing or photo
sharing. The above activities consume a great deal of server resources
and are strictly prohibited.
q) Other Prohibited
Activities: Engaging in any activity that, in GrandsWebServices.com's
sole and absolute discretion, disrupts, Interferes with or is harmful
to (or threatens to disrupt, interfere with, or be harmful to) the
services, GrandsWebServices.com's business, operations, reputation,
goodwill, customers and/or customer relations, or the ability of GrandsWebServices.com'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 this agreement. In
addition, the failure by a customer to cooperate with GrandsWebServices.com
in correcting or preventing violations of this agreement by, or that
result from the activity of, a customer of the subscriber is a violation
of this agreement.
FEES & PAYMENTS
a) Fees - GrandsWebServices.com
charges the following fees where applicable. All such fees are subject
to change with 30 days notice. Not all fees are applicable to all
b) Service Fee This is the fee for your monthly, quarterly,
bimonthly, or annual webhosting services.
c) Domain Registration
Fee This is the fee for the registration of a domain name and
d) Other Service Related Fees These are fees for additional
services that you may choose to add to your account.
e) Change of Plans:
GrandsWebServices.com also reserves the right to alter, change, amend,
or delete fees at its sole discretion. GrandsWebServices.com further
reserves the right to institute new services and charge fees in association
with the provision of such new services as it deems appropriate.
reserves the right to offer promotional rates which may or may not
be more favorable than the terms under which you entered this agreement.
Any special rates shall not effect the existing rights and responsibilities
of each party. GrandsWebServices.com also reserves the right to change
the rate charged for any such fee under this agreement with 30 days
g) Payment of
Fees - GrandsWebServices.com accepts payment by Money order, check,
credit card (Visa, MasterCard, American Express) via Paypal and our
Paypal integrated shopping cart.
h) Payment Obligations:
Full payment is required in advance before hosting service is established.
GrandsWebServices.com sends out invoices that are due every pay period.
You are given fifteen (15) days to fully pay the invoice. You warrant
and represent that the information you supply in the order form (or
other information that GrandsWebServices.com may require) is accurate
and truthful. All payment-due notices will be sent by e-mail No bills
or invoices will be sent by postal mail or fax. If payment was not
received by the due date, your account will be suspended. To have
your account reestablished, you will need to pay the past due fees (if applicable) of $10.00. There is a $35 fee for
bounced checks and a $25 processing fee for charge backs.
i) Renewals: Your
account will be automatically renewed under the same time and fee
structure unless you give written notice to GrandsWebServices.com
thirty (30) days before the renewal date that you do not wish to renew
or make changes to such term of this agreement.
& Refunds: Should you become dissatisfied with our web hosting
services within the first 30 days of your account activation, GrandsWebServices.com
will refund your hosting fees, subject to the money back guarantee
terms listed in this agreement. There are no refunds on setup fees,
domain registrations, or for prepaid accounts after the 30 days of
account activation. You may, however, cancel your account at any time.
You will need to contact customer service and verify your information
before cancellation takes place. Accounts which have negative balances
or fees owing will have all respective services terminated, including
hosting accounts with applicable domain registrations. Furthermore,
if you have a domain that you acquired through our free domain
promotion included in our web design packages at the time you became
a GrandsWebServices.com customer and wish to transfer this domain
to another web hosting provider or domain registrar, this domain will
be subject to a domain registration fee of $20.00 prior to the execution
of the transfer process.
Level Agreement " SLA"
offers its clients and resellers a 99.9% network up time guarantee for
customer satisfaction purposes and also to ensure that your business
is running problem-free. GrandsWebServices.com will try to maintain
maximum up time. GrandsWebServices.com is not responsible for any downtime
caused by the client.
Back Guarantee Web Hosting Services
offers an unconditional 30-day money back guarantee that covers cancellations
of a web hosting or reseller account made during the first 30 days of
service, due to the inability to deliver satisfactory services. As a
part of our mission to achieve industry-leading customer satisfaction,
the customer will be refunded all hosting related charges made to his/her
credit card minus any fees, which are nonrefundable. The guarantee does
not apply to accounts with nonuse, misuse, and/or abuse of this agreement.
PLEASE READ CAREFULLY: DOMAIN NAME REGISTRATIONS ARE NOT REFUNDABLE
and are subject to a domain name registration fee. Furthermore, if you
have a domain that you acquired through our free domain
promotion included in our web design packages at the time you became
a GrandsWebServices.com customer and wish to transfer this domain to
another web hosting provider or domain registrar, this domain will be
subject to a domain registration fee of $20.00 prior to the execution
of the transfer process. This 30-day money back guarantee applies only
to our web hosting services AND NOT to the domain name registration
or any graphic/website design or additional services or products purchased
from or through GrandsWebServices.come. Please contact
us with any questions regarding the 30-day money back guarantee.
At the sole discretion
of GrandsWebServices.com, for any reason set forth herein or in the
event that you breach any term of this agreement including but not limited
to payment of fees or any violation of the acceptable use policy, GrandsWebServices.com
may suspend your account by deactivating any access by you and/or by
web users to any information contained on the GrandsWebServices.com
servers related to your account. Suspension shall specifically include
the disabling of your hosted domain and/or any access to information
or data related to your account. In the event of any such suspension,
you will be notified. At the option of GrandsWebServices.com, you may
be given an opportunity to correct such breach or violation. Upon being
notified of an opportunity to correct such breach or violation, if such
breach or violation is not corrected, the account may be terminated.
Service charges will continue to accrue on suspended accounts as if
they were not suspended. You will remain responsible for the payment
of any such charges during any such period of suspension.
a) Termination -
This agreement and all of its terms shall remain in full force and effect
until it is terminated. Termination shall include the removal of any
and all of your information from the GrandsWebServices.com servers.
Such information or data may or may not be made available to you by
GrandsWebServices.com after any such termination. This agreement may
be terminated either after a period of suspension as indicated above
or at the sole discretion of GrandsWebServices.com. In the event of
termination, there will be no refund provided to you.
Your rights under
this agreement may be assigned only upon prior notice and express approval
by GrandsWebServices.com. Any other attempted transfer or assignment
of rights hereunder shall be null and void.
You have all rights
to transfer, sell, or modify your domain name to another person or individual.
If you decide to sell or transfer your domain name and GrandsWebServices.com
is the domain name registrar, please request our "domain name transfer
instructions" by contacting
us. We will send you the specific details and information about transfer
may assign its rights hereunder to any person or entity who shall become
a principal owner, or shareholder of GrandsWebServices.com.
may without advance notice amend this agreement from time to time, and
will do so by posting the new agreement on the GrandsWebServices.com
websites in place of the old agreement. Each and every such amendment
shall be become effective immediately for all preexisting and future
accounts. If any material modification to this agreement is unacceptable
to the customer it shall be customer's responsibility to terminate his/her
subscription. If the customer does not terminate the agreement within
10 days of the material modification, then customer's continued use
will mean that customer has accepted the amended or modified agreement
and the agreement is in full force and effect.