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Terms and Conditions

Domainz Guru provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Domainz Guru are subject to the following terms of service:

Indemnification Policy

The Client agrees to use all Domainz Guru ‘Services and Facilities’ at their own risk. Domainz Guru specifically disclaims all warranties of merchant-ability and fitness for a particular purpose. In no event shall Domainz Guru be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Domainz Guru harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Domainz Guru, 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, it’s agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless Domainz Guru against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Domainz Guru’s server.

Domainz Guru reserves the right to intervene with any of the sites hosted on its servers in the interest of its Clients. In the event that any material supplied by the client, infringes or allegedly infringes on the proprietary rights of a third party; Copyright infringement or any defective products sold to the general public or company or corporation from Domainz Guru’s servers, Domainz Guru reserves the right to intervene and take any necessary action as deemed suitable. Domainz Guru shall be the sole judge of what violates this Policy.

Billing:

Depending upon the plan selected we bill you on a Monthly, Quarterly, Semi-Annually or Annually. If you are unsatisfied within your first 30 days with us, we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and the Domain Name registration fee is non-refundable).

We accept all major Credit Cards like Visa, Master Card, American Express,Discover Card etc. For Webhosting plans, we will setup your account FREE of COST. Clients are encouraged to pay by credit card as it cuts down significantly on transaction and processing time, which in turn allows us to be of service to you sooner. There are no contract periods, but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments/Non Payments:

All accounts are billed according to the dates they were first activated on. You will receive an email reminder 5 days before deactivation if payment is not received. If the account is not renewed within 5 days after deactivation, the account will be suspended. If not renewed within 30 days after deactivation, the account will be terminated. Upon termination due to Non-payment Domainz Guru holds the rights to data or domain of the said account.

Acceptable Use Policy:

All services provided by Domainz Guru may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statutes. The subscriber agrees to indemnify and hold harmless Domainz Guru and its employees from any claims resulting from the use of the service which causes damages to the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users will be suspended from our network, usually as soon as they are discovered, although you will always be informed when and why any action has been taken. Pornography is prohibited on all Domainz Guru Servers. This includes sites that have sexually explicit or hard-core images and/or advertising.

The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

The Subscriber further acknowledges that the Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period that the damages had occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality in any form, including but not limited to, the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content. Certain types of content are not permitted on our network. We do not host adult content of any form or description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials.

Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Email

Domainz Guru has a STRONG anti-spam policy and it is applied vigorously. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a Client is found to be in violation of our SPAM policy, Domainz Guru reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Domainz Guru will notify law enforcement officials if the violation is believed to be a criminal offense. The Client acknowledges that they are responsible for any and all SPAM related actions which come from their account. Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in. Clients will not use another site’s mail server to relay mail without the express permission of the site owner. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside the Domainz Guru network.

Fair Usage Policy

The account provided by Domainz Guru shall be used for the purposes of web hosting. Unacceptable use of the Server includes any resource which consumes high volume of disk space which is determined by Domainz Guru such as media files, zipped files, executable files and are not limited to these. File downloads are permitted, but only in context of a functioning website. A file-sharing website is not permitted by Domainz Guru. The Disk Usage limitation for Starter, Business, Pro and Expert packages are 5 GB, 15 GB, 20 GB and 25 GB respectively.

The Hosting account should be used in such a manner so as to enable other users to also use the resources of the server and be satisfied with such availability. Accounts making excessive demands on resources of servers are not allowed. Resources of server include, but are not limited to CPU usage, RAM Usage, Disk Space Usage etc.

When infringement of this policy occurs, DomainzGuru reserves rights to

  • Delete such information or files which causes high resource usage disabling others equal usage of resources.
  • Suspend such accounts temporarily and working with the customer in order to resolve the issue as soon as possible within a time-frame of 72 hours.
  • Terminate such accounts without notification if a situation demands, which may deem fit by DomainzGuru.

Resource usage may not exceed 20% or more of system resources for more than 90 seconds. An account cannot exceed 25 GB unless explicitly approved by Domainzguru.

Backup Policy

You are responsible for your backups and web content. We do make daily backups for all our servers and while we can restore content from those on request, it not the ‘Best Practice’. This is NOT a procedure you should rely on to keep copies of your data safe.

We strongly recommend you make your own backups. Our backups are made every day at random times, and only the newest backups are kept. We make no guarantees about our daily backups.

LIMITATION OF LIABILITY:

Domainz Guru shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Domainz Guru servers going off-line or being unavailable for any reason whatsoever. Furthermore, Domainz Guru shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Domainz Guru servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER:

Domainz Guru cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Domainz Guru are resold. Thus, certain equipment, routing, software, and programming used by Domainz Guru are not directly owned or written by Domainz Guru. Moreover, Domainz Guru holds no responsibility for the use of our clients’ accounts. If any terms or conditions laid out by Domainz Guru are violated; the account in question will automatically be deactivated. Domainz Guru reserves the right to terminate any account without advanced notice for any reason without restitution as Domainz Guru sees fit. FURTHERMORE, Domainz Guru retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without notification. Upon Signing up with Domainz Guru the Client accepts to the terms and conditions mentioned above.