Welcome to WEBGRADLE Terms & conditions
Effective date: 29 August 2023
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by WEBGRADLE (“WEBGRADLE,” "us,", "our"). By purchasing one or more Services from WEBGRADLE, you declare that you have read, understood and agree to be bound by this TOS. It is essential that you read this TOS prior to purchasing any Service(s) from WEBGRADLE.
Customer Agreement
The TOS apply to all Services provided by WEBGRADLE to you throughout the entire Term or Service/Support Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the services mentioned on WEBGRADLE. You shall agree to use only licensed and legal third-party software’s in connection with your use of our services. WEBGRADLE reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when WEBGRADLE decides that the product has been inappropriately used or otherwise.
Content
WEBGRADLE reserves the right to refuse service to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.
The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.
Top sites, Ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, file share, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
Adult materials – Includes all pornography, erotic images, videos, audios or linking to other websites that promotes such type of adult materials or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of WEBGRADLE.
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.
Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
WEBGRADLE reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
Refer General Acceptable Use Policy for complete details on prohibited content and activities.
In compliance with DMCA act, WEBGRADLE has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected]
Abuse Of Resources
Any attempts to compromise or actual compromise of a network device belonging to WEBGRADLE or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Denial of Service (DOS) attacks directed at WEBGRADLE, or any attempts to launch a Denial-of-Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
If any client is in any way disrespectful towards any member of the WEBGRADLE staff we have full right to remove them from our services without any refund.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
Upon notification of an alleged violation, we will initiate a full-scale investigation during which, we may restrict customer's access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $300.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $550. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
We have a zero-tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
We also prohibit service of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
Account Verification
If the customer fails to complete the account verification process, then no refund would be provided to such customers under any circumstances.
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. WEBGRADLE would be the sole arbiter as to what constitutes a violation of this provision.
Backup Policy
Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. WEBGRADLE does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You as a WEBGRADLE User agree that in no case, WEBGRADLE can be held responsible for the loss of data in any circumstances. Any backup copy maintained by WEBGRADLE will not have any emails or media file included in it.
Security
You are responsible for any misuse of your account therefore; you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. WEBGRADLE will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Billing Policy
If paying via credit card, UPI, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear.
The 7-day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, 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.
Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS and any other paid licenses.
The modifications done in pricing pattern or policy by the software license company will take effect immediately on WEBGRADLE clients.
The money back guarantee is provided on Web hosting, WordPress Hosting, Business Hosting, Reseller hosting and Cloud hosting.
No refund will be made if your Service(s) are suspended or terminated for cause.
No refund will be made for Dedicated and VPS server.
There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won't be eligible for refund in such cases.
The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 7 days period or beyond coverage of our refund policy as noted here.
If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with WEBGRADLE if you fail to pay the difference amount.
Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
One free WHMCS Unlimited Client license is included in reseller hosting plan (Plus/Pro). WHMCS Unlimited Client license allows you to manage Unlimited clients. If the reseller hosting plan is cancelled within first 30 days, then WHMCS Unlimited Client license cost will be deducted from the refund amount.
The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
The refund request placed after 7 days will not be processed and you will not be eligible for any refund.
The cancellation request should be sent through client area.
After sending the cancellation request, it would take 5 - 7 working days to complete the refund process.
Account Termination
Your hosting account at WEBGRADLE can get terminated due to following reasons:
You decide to discontinue: At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.
Cancellation upon expiration: If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).
You did not renew: In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 14 Days (after the expiration date).
You violate our Terms of service: If you violate our terms of service during your subscription period at WEBGRADLE it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we would usually take instant action.
Potential fraud: We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
A Dispute or Chargeback: During the violation of our Terms of Service, we would initially suspend and give a 7 days’ timeframe to resolve the concern with WEBGRADLE before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
Note: It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and WEBGRADLE shall not be liable for the same.
Indemnification
Customer agrees that they will protect, indemnify, save and hold WEBGRADLE harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against WEBGRADLE, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.
Customer agrees to defend, indemnify and hold WEBGRADLE harmless against liabilities arising out of -
Any injury to person or property caused by any products sold or distributed in association with WEBGRADLE's Services;
The loss of any electronic files furnished by customer (Or customer's customer);
Copyright violation and any defective products sold to a customer from WEBGRADLE's Services
Change of TOS
WEBGRADLE may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS at any time.
Please Follow Refund Policy, Privacy Policy, Reseller Policy, Disclaimer, Server Legal Info Here.
Thanks for Reading.
Last Update: - 29-08-2023