Terms and Conditions

The use of services from guru-is.com [hereafter referred to as “Guru Internet Services”] constitutes agreement to these Terms and Conditions. You may also want to view our Privacy Policy.

This entire agreement also includes the Guru Service Agreement.

1. Account Setup / Email 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) for any case of fraud. It is your responsibility to provide us with an email address that is not under the domain(s) that you are setting up. If there is an abuse issue or if 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 at all times. Providing false contact information may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card that will be used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature in which case it will be denied.

2. Transfers

Our transfers team will make every effort to help you migrate your website and account information. However, domain and account transfers are provided as a courtesy service, and we do not make any guarantees regarding our availability, the possibility, or the amount of time required to complete a website or account migration. Each hosting company is different. Some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult or impossible to migrate some or all account data. We will do our best, but in some cases it may not be possible to assist you in the transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge. Please contact a member of the transfers team with specific details to receive a price quote if you are outside of the 30 day window.

3. Content

All services provided by Guru Internet Services may only be used for lawful purposes. The laws of the State of Florida and the United States of America apply.

The customer agrees to indemnify and hold harmless Guru Internet Services from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes, but is not limited to, unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of any copyright will be removed immediately and access to such material will be disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting and the account holder will be reported to the appropriate authorities. If you believe that your copyright or trademark is being infringed upon, please submit a support ticket or contact us. If the request is concerning a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not make backup copies of your backups (redundant backups).

Examples of unacceptable material on all Shared and Reseller servers include the following:

Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PBBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro

Examples of unacceptable material on all Dedicated servers include the following:

IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro

Guru Internet Services’ services, including all related hardware, networks and network devices are provided only for authorized customer use. Guru Internet Services’ systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Guru Internet Services systems constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Guru Internet Services may, at its discretion, request documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms and conditions in any manner may be removed from our servers (or otherwise disabled), 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 handled via a support ticket and will have a response within 48 hours.

If have any doubt regarding the acceptability of your site or service, please submit a support ticket and we will be glad to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

(Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

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. Whenever 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 user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to update your password.

4. Zero Tolerance Spam Policy

We have zero tolerance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends 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, usenet/newsgroups or social networks. 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.

Guru Internet Services reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with established policies, or to make any such modifications in an emergency at Guru Internet Services’ sole discretion.

Guru Internet Services reserves the right to charge the holder of the account that is used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This fee amount is entirely at the discretion of Guru Internet Services.

5. Payment Information

You agree to supply appropriate payment for the services received from Guru Internet Services, in advance of the time period during which such services are provided. You agree that until and unless you notify Guru Internet Services of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies Guru Internet Services of their intent to resume service, invoices will be manually generated and payment expected, this will include the time the account was suspended.

Cancellations must be done in writing via a support ticket. Once we receive your cancellation request and have confirmed all of the necessary information via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket number in the subject for your reference, and for verification purposes. You should immediately receive an email with a ticket number. An employee of Guru Internet Services will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please give us a call. We require that cancellations of service are done through the online support system to (a)confirm your identity, (b)confirm in writing you are prepared for all files/emails to be removed, and (c)document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures that you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Guru Internet Services, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Guru Internet Services provides a 10 day grace period from the time the invoice is due. Any invoice that is outstanding for more than 10 days will result in a $25 late fee shall bear interest at the rate of 1.5% per month from the due date, and may result in account suspension until the account balance has been paid in full. The late fee is applied in addition to whatever else is owed to Guru Internet Services for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our support team by filling out a support ticket HERE after paying for a domain renewal to ensure that the request is acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Guru Internet Services cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

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 our support team by filling out a support ticket.

Guru Internet Services reserves the right to change the monthly payment amount and any other charges at any time, with or without notice.

6. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Guru Internet Services 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 Guru Internet Services’ servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless an agreement has been provided in writing by Guru Internet Services.

7. Cancellations and Refunds

Guru Internet Services reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Refunds may or may not be provided depending on the reason for the action.

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 by submitting a support ticket HERE. Guru Internet Services gives you an unconditional 30 day money back guarantee on managed shared hosting and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal. Paypal refunds will be in the form of a check and will be mailed to the customer.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Bank Wire Transfers
Western Union Payments
Checks
Money orders

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 45 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. If you have had an account with us before (cancelled and signed up again) or if you have opened a second account with us, you will not be eligible for a refund.

Violations of the Terms and Conditions listed here will waive the refund policy.

8a. Hosting Policy/Resource Usage

Our Web Hosting plans are setup to host typical personal, small business and organizational websites. We do not limit the amount of storage and monthly bandwidth that your site can use as long as it complies with our Terms and Conditions, unless otherwise stated by the type of plan that you purchased. Should your website bandwidth usage or storage amount become a risk to the stability, performance or uptime of the server it is on, we will notify you by email or phone. You may be required to upgrade to a Virtual Private Server(VPS) or Dedicated Server. Otherwise, we may restrict the resources your website is allowed to use. It is uncommon that a website violates our Terms and Conditions. Websites that are used for file storage or video streaming are typically the types of websites that cause these issues.

Users or Account Holders may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems. These include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but you may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1942, etc.
h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file; include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“/filepath/include.php”)

8b. INODES

The use of more than 50,000 inodes on any shared account may potentially result in a warning at first. If no action is taken, the account will be suspended. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended. However, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage will be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, an over abundance of messages build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then select”:fail: No such user here”.

8c. Backup Limit

Any shared account using more than 10 gigs of disk space will be removed from our off site weekly backup with the the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

9. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package that you purchase. Should your account surpass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in one month will not be carried over to the next month.

10a. Money back Guarantee

On dedicated servers, a strict no full refund policy will be honored — in other words, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or provide no refund at all.

Each of Guru Internet Services’ managed shared and reseller servers carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, web development/website production costs or domain name purchases.

10b. Uptime Guarantee

If your shared/reseller services have a physical downtime that is not within our 99% uptime guarantee, you may receive a pro-rated credit on your account. Approval of the credit is at the discretion of Guru Internet Services dependant upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including, but not limited to, the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server. This may differ from the uptime reported by other individual services. To request a credit, please submit a support ticket with justification. All requests must be made in writing via the support ticket system. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

11. Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Guru Internet Services does not provide support to our reseller’s clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their client’s behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their client’s. Guru Internet Services will hold any reseller responsible for any of their client’s actions that violate the law or the terms and conditions outlined here.

12. Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting, you must use a reseller account. Semi-dedicated and dedicated servers are not backed up. You must maintain your own backups.

13. Dedicated Servers

Guru Internet Services reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server to prevent downtime from forced password resets. Guru Internet Services reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain their own backups. To offer a simple solution, you may purchase an additional hard drive and maintain backups to this hard drive. Please contact the Sales team if you wish to obtain a secondary hard drive. Again, it is YOUR responsibility to maintain backups.

14. Price Change

The amount you pay for hosting may increase from the date of your purchase. We reserve the right to change prices listed on guru-is.com, and the right to increase the amount of resources given to plans at any time.

15. Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not sign up again for that same domain using another coupon at a later time. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be generated and added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

16a. Indemnification

Customer agrees that they shall defend, indemnify, save and hold Guru Internet Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Guru Internet Services, 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 Guru Internet Services against liabilities arising out of; (1)any injury to person or property caused by any products sold or otherwise distributed in connection with Guru Internet Services; (2)any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3)copyright infringement, and (4)any defective products sold to customers from Guru Internet Services’ server.

16b. Arbitration

By using any Guru Internet Services’ services, you agree to submit to binding arbitration. If any disputes or claims arise against Guru Internet Services or its subsidiaries, such disputes will be handled by an arbitrator of Guru Internet Services’ choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

17. Disclaimer

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

18. Disclosure to Law Enforcement

Guru Internet Services 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 all Law Enforcement agencies.

19. Changes to the TOS

Guru Internet Services reserves the right to revise its terms of services and policies at any time without notice. Any changes to the terms of service will be listed here. It will be the sole responsibility of the customer to check for any updates to the terms of service or policies.

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