Acceptable Use Policy (AUP)

DomainGurus issues this document. The company shall be known throughout this document as DomainGurus.
These Acceptable Use Policies document acts as a fully binding agreement between DomainGurus, Inc. (“DomainGurus”) and each of its customers (“Customer”).

Important Notice
All Payments To DomainGurus not related to a Dedicated Server or Managed System have a 30-day Money Back Guarantee if no violations are or were made to the TOS and AUP.

DomainGurus agrees to provide the client web hosting for a monthly/semi-annual/annual fee. DomainGurus will never require clients to advertise for DomainGurus on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

Contents
All services provided by DomainGurus may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless DomainGurus from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links

Pirated software
Adult Websites
Hacking programs or archives
Warez Sites
Illegal MP3's
Spamming Software

Background Running Programs

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, DomainGurus reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited (ie. IRC)
- Any three-party Software that cause server disruption are strictly prohibited
- Distribution and/or Transmission of Obscene or Indecent Speech or Material
- Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through DomainGurus's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DomainGurus Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the DomainGurus Network. If you use a domain name in connection with the DomainGurus Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Phishing

Known as abusive use of our network to gather private, sensitive data in a fraudulent manner through e-mail. Uploading sites that pretend to be a different web site with the purpose of gathering billing information of people across the network is a reason for us to suspend the service and send the network logs and hard drive to the proper and competent authorities for a possible prosecutio

Black Lists

Even though you might not be sending mass or bulk email through our networks, spamvertising is not allowed, by spamvertising we mean sending bulk email on other networks to advertise a site hosted with us, the reason for this denial is that web server IP addresses can and will get blacklisted due spamvertising, if this is the case you will be fined for every IP address and IP block that has been listed for this activity.

Spam or Unsolicited E-Mail

You must not use the DomainGurus Network, DomainGurus equipment or any DomainGurus email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the DomainGurus Network, DomainGurus equipment or any DomainGurus email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, DomainGurus reserves the right to disable your domain without warning. In addition, DomainGurus may impose a $500 penalty for each spam policy violation. DomainGurus solely reserves the right to refuse or cancel service to known spammers. Lastly, DomainGurus reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a DomainGurus server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold DomainGurus (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against DomainGurus, 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. Customer agrees to defend, indemnify and hold harmless DomainGurus against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DomainGurus server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of DomainGurus to the amount paid for service.

Refund and Cancellation Policy

For payment, DomainGurus accept MasterCard, Visa, American Express or Paypal. DomainGurus invoices exclusively via e-mail. DomainGurus do not send out invoices via postal services.

You may cancel your account at any time and receive a partial refund if cancelled within our thirty (30) day money-back guarantee period. The partial refund is at entire discretion of DomainGurus and is estimated upon service time used and non-used (setup fees and domain name registrations fees incurred are non-refundable).

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to DomainGurus.

However, if customer cancels fiveteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

Late Payment

Any account whose payment status is not current as of the start of the next billing period is deemed late.
You will receive a payment reminder everyday from the start of your payment due date. If after 7 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full.

Cancellation

You must open a case within your iBizPanel account to deliver a official written notice of cancellation:
On receipt your account will be pending cancellation within 24 hours.
please include your reason for canceling.

IMPORTANT: Violation on any Term of Use listed above, will incurr a minimum $500 fine per incident, and may be reported to the appropriate authorities. Any other action taken is the sole discretion of DOMAINGURUS.

Disclaimer

DomainGurus will not be responsible for any damages your business may suffer. DomainGurus makes no warranties of any kind, expressed or implied for services we provide. DomainGurus disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DomainGurus and its employees. DomainGurus makes a 99.9% Uptime guarantee.

DomainGurus keeps backups of key server systems only. DomainGurus can accept no responsibility for any loss of data or consequences arising from this. DomainGurus always advises clients to back up their site data regularly for its own protection.
DomainGurus furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of DomainGurus. A customer's failure to comply with those laws will violate this policy.

Finally, DomainGurus wishes to emphasize that in accepting services, customers indemnify DomainGurus for the violation of any law or DomainGurus policy, that results in loss to DomainGurus or the bringing of any claim against DomainGurus. This means that if DomainGurus is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against DomainGurus, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
DomainGurus reserves the right to change, edit, or update the policies contained in this document, at any time for any reason without notice.

Refusal of Service
DomainGurus reserves the right at its sole discretion to refuse or cancel service. Violation of any of DomainGurus's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Additional terms and conditions may apply to some services; these terms are specified within the service’s listing in the iBizPanel. If you have any questions regarding our terms, conditions, and policies, please call DomainGurus at 888-888-8888, or e-mail us through our online contact form.