The Terms of Services for GreggHosting
IMPORTANT: Section 14 of these Terms of Service contains a mandatory arbitration provision and a waiver of any right to participate in a class action lawsuit if a dispute arises.
You agree to these Terms of Service by using the GreggHosting Services. Don’t create an Account, make any purchases, or use or use the GreggHosting Services in any way if you don’t agree to these Terms.
GreggHosting is Global, and We're a trusted growth partner to thousands of everyday entrepreneurs. GreggHosting is obsessed with performance; we serve thousands of clients from 128 countries around the globe, with over 29 data centers.
You accept these Terms of Service by utilizing GreggHosting's web hosting services. If you disagree with these Terms, do not register for an account, buy anything, access the GreggHosting Services, or use them in any other way.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT HOW DISPUTES ARE RESOLVED, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 14.
- GreggHosting offers managed web hosting services, software, and support via our Features, Plans, Hosting, and Small Business sections. Wherever it is on the planet, GreggHosting likes to be local. Independent of GreggHosting Being among the web hosts in the sector with the quickest growth makes us proud. As a result, your website will be stable, as well as our platform. GreggHosting is established and committed to the hosting industry. In this Agreement, “Client” refers to the people or businesses who purchase, use, or use the Services. The term “Client Websites” in this Agreement refers to the websites, applications, and other services or technologies developed and managed by our Clients using our Services. In this Agreement, “End Users” refers to the third-party visitors to Client Websites.
- A legally enforceable contract between GreggHosting and you is created by these Terms of Service, our Service Level Agreement (SLA), and our Data Processing Addendum (DPA), all available at https://gregghosting.com/
- The Terms have been updated; at any moment, and at our sole discretion, we reserve the right to modify these Terms. If we modify these Terms in any way, we will tell you by updating the date at the top of these Terms. Your continuing use of our services after we’ve informed you of the alterations will serve as your consent. Reviewing and checking for modifications to these Terms is advisable.
- On behalf of yourself or the person, organization, entity, or group that you are claiming to speak for, you represent, warrant, and agree that you have the absolute right and authority to enter into the Agreement, perform your obligations under it, and create a legally enforceable contract.
- Beta Solutions. Features and tools might be available to you in the beta or pre-release phase on a confidential basis. All Beta Services are subject to these Terms. In case of any disagreement between Section 1.5 and other Sections of these Terms for Beta Services, Section 1.5 shall govern. You understand and accept that Beta Services are just for testing and evaluation purposes, are constantly changing, are not guaranteed to function properly, preserve any specific functionality, or remain available to you. Beta Services may contain errors and result in unpredictable and unwanted results due to their development status. While using any Beta Service, You are advised to exercise caution and to back up your data and information. If you use beta services, GreggHosting is not responsible for any damages from that use. You acknowledge that you will let us know what you think of the beta services we’ve given you. The SLA does not cover the Beta Services. You must keep all the Beta Services confidential and not share any information about the Beta Services without GreggHosting’s explicit written approval. GreggHosting reserves the right to immediately and lawfully terminate your Beta Services without prior notice.
02. Account and Qualifications:
- To access the Services, you must create a user account with GreggHosting (“User Account”). A user must sign up for a hosting plan subscription (the “Hosting Account”) to host Client Websites on the Services. In these Terms, the term “Account” refers to the user and Hosting Accounts. It is up to the Hosting Account’s creator to decide what privileges each additional user will have. In addition, the original Hosting Account creator can provide another user administrative access to their Hosting Account. Regardless of their access or permissions, all Hosting Account users must sign up for a User Account and agree to be governed by these Terms.
- You consent to official notifications regarding your account and the Services being sent to the email address you give when creating your User Account (“Designated Email Address”). You consent to check that emails sent by GreggHosting successfully land in the mailbox linked to your designated email address and change it as needed. You also agree that GreggHosting may publish official notices about your Account and the Services offered by GreggHosting. You acknowledge that GreggHosting’s performance of the Services may be adversely affected and that the SLA will not provide coverage for any such impact. If you fail to read emails sent by GreggHosting, routinely check into GreggHosting to view posted notices, and take appropriate action.
- You are unable to sign up for or utilize the Services. Suppose you are located in, owned by, a national or resident of Iran, Syria, Cuba, North Korea, or the Crimean Region of Ukraine, where the United States has imposed an export prohibition. In that case, you are not authorized to use our site.
- To access or use the Services, you must be at least 13 years old (or the minimum age required by law in the country where you currently reside). Please read these Terms with your parent or legal guardian if you are a “Minor” and at least 13 years old (or any higher minimum age in your jurisdiction). However, you are not old enough to be the majority in your jurisdiction (typically 18 years old). These Terms obligate the legal guardian in charge of any purchases made by the Minor. And all access to usage of the Account and Services.
By utilizing the Services or creating an Account, you consent to:
- We provide accurate, current, and complete information.
- Maintaining and promptly updating your Account information upon any changes.
- You are maintaining the security of your account by safeguarding your password and limiting access to your Account and Service plan.
- You notify GreggHosting as soon as you become aware of any security lapses or unauthorized access to your account.
- We reserve the right to look into ownership disputes involving Accounts and make ownership determinations based on our reasonable judgment.
03. Paying for Fees:
- The Client must use a legitimate payment method to pay all needed fees on time, as decided by GreggHosting in its sole discretion (the “Fees”) (e.g., credit card). You agree that your hosting account will automatically renew monthly or annually, and costs will be automatically charged to the valid payment method you supplied. Initial payments are required before the start of the subscription period. You can cancel your hosting account by Section 10 below if you want to stop automatic payments and renewals.
- If you use the Services to create, build, or manage Client Websites for or on behalf of other parties, you are solely liable for all Fee payments related to your Hosting Account, regardless of whether or not your clients pay you.
- According to Section 10, GreggHosting may suspend or cancel your Hosting Account and the Services if you don’t pay your Fees on time. Any Hosting Account with disputed charges or chargebacks may have the Services suspended or terminated at GreggHosting’s discretion.
- The fees are provided in U.S. dollars and do not include any taxes (such as sales taxes, value-added taxes, goods and services taxes, etc.), levies, or charges levied by taxing authorities unless clearly stated at the time of buying. You agree to hold GreggHosting harmless from and against any obligations, interest, fines, or charges imposed against GreggHosting due to your failure to pay any such taxes. You are responsible for paying any such taxes.
- With prior notice to you, GreggHosting maintains the right to modify its Fees at any moment. If the Fee is modified and you do not agree with it, you may discontinue the Services without being responsible for the new Fee; however, there will be no reimbursement of any Fees you have already paid.
- Upon ending the promotional or free trial period, if you were given a promotional Fee or free trial, GreggHosting will automatically renew your Hosting Account and charge your payment method at the usual (i.e., non-promotional) Fee.
04. Submitted by Client:
- We accept inquiries, remarks, complaints, and ideas (collectively, “Submissions”) regarding GreggHosting and our Services, separate and independent from Client Content. Suppose you send GreggHosting a Submission by email or another method. In that case, you acknowledge that it will become GreggHosting’s sole property and that it is not confidential (unless we specifically express it differently in writing).
- GreggHosting shall be the exclusive owner of all intellectual property rights and shall be entitled to the unrestricted use and disclosure of Submissions for any purpose, whether for profit or not, as well as any adjustments, improvements, or modifications we make to the Services based on the Submission. You acknowledge that GreggHosting is under no obligation to acknowledge your submissions or pay you anything in return.
05. Client Information:
- GreggHosting may provide the means for you and your End Users to post. And import, store, send, display, or transmit any text, data, information, code, software, domain names, materials, designs, images, media files, logos, or other content. Or through the Services for building, administering, and maintaining client websites.
- Without limiting the terms of Section 11, GreggHosting cannot and does not prevent or address all security events involving the Services or Client Content, including Malicious Activity (as defined below).
- Your client content remains entirely your property, with all rights reserved. You will deliver Client Content to GreggHosting in a format that doesn’t need any processing or modification on GreggHosting’s part. Additionally, concerning Client Content, you are responsible for giving all notices to, obtaining, and maintaining any consent from any individual, including End Users.
You alone and entirely bear responsibility for all client content, including client websites. Without limiting those above, you are solely and entirely in charge of the following;
(a) The conception and development of the Client’s Content;
(b) all required modifications to the Client Content, such as changes to the look of Customer Websites;
(c) All necessary or desirable coding for running the Client Content; and
(d) All necessary or desirable optimizations for running the Client Content. The migration of the Client Content to the new hosting provider is entirely your responsibility if you decide to host the Client Content with a different hosting provider.
- GreggHosting must gain access to and use the Client Content on your behalf in several ways to deliver the Services. GreggHosting is a non-exclusive, transferable, worldwide, royalty-free license to access, use, modify, Public display, reproduction, development of creative works from, and distribution all or a portion of the Client Content for the sole and exclusive purpose of providing you the Services.
You affirm, warrant, and agree that Client Content won’t;
(a) violate, misappropriate, or infringe on any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right;
(b) break the law and encourage breaking the law;
(c) be false, fraudulent, false, misleading, or deceptive;
(d)constitute, consist of, or enable spam, phishing attempts, “chain letters,” “pyramid schemes,” or GreggHosting shall have the discretion to determine whether Client Content violates these Terms.
- GreggHosting is under no duty to keep track of, verify, edit, or otherwise update Client Content. Any Client Content that violates these Terms may be changed or removed, or GreggHosting may choose not to display it.
06. Client Responsibilities and Allowable Use:
- Be obedient. Please do not provide any information to GreggHosting or any of its other clients, users, employees, representatives, or anyone else that GreggHosting deems, in its sole discretion, to be offensive, hurtful, harassing, disparaging, insulting, defamatory, false, or misleading.
- Respect for the law. You undertake to use our services following all applicable local, state, national, and international rules and regulations, including limited export control, trade sanctions, and data privacy laws. You are not permitted to get the Services on behalf of any party listed as a prohibited party on any U.S. Government list, including the Foreign Evaders List and Entity List, the E.U. or any of its Member States, or any other relevant government list. You agree to work with GreggHosting to ensure that GreggHosting complies with all applicable laws when you use the Services, including by supplying information as GreggHosting reasonably requests.
- All phone, computer, hardware, internet connections, and other required tools and services must be provided by you to access the Services.
Malicious behavior You understand that using or accessing the Services includes engaging in or attempting to engage in any malicious activity and encouraging or assisting others. Any one of the following alone or in combination constitutes “malicious activity”: I use, display, mirror, or frame the Services or any individual component of the Services; (ii) gain access to or tamper with private areas of the Services; (iii) test the security of any GreggHosting system or violate any authentication or security measures; (iv) get around any safeguards put in place to protect the Services by GreggHosting or any other party; and (v) copy, modify, decompile, disassemble, reverse engineer, tamper with;
(a) Clients must work with GreggHosting to quickly identify, contain, and stop any malicious activity and implement the necessary countermeasures.
(b) If GreggHosting determines that the Client’sClient’s website transfer resulted in malicious activity that was mistaken, the ClientClient will be given a chance to stop the malicious activity immediately. GreggHosting will stop the malicious activity if the ClientClient fails. The ClientClient needs to pay a $100 cost that must be paid using the Client’sClient’s default payment method (including auto payment).
Limitations of Use You accept that reliable measurement of resource usage requires GreggHosting’s cooperation. Do not overtax any servers, CPUs, or other resources used in conjunction with the Services. Likewise, do not overload the Services:
(a). Limit your bandwidth and data transfer. If you use more bandwidth or data transfer than clients in comparable situations, we may restrict your access to the Services until your usage is consistent with that group of clients, or we may offer to switch you to a metered plan.
(b). If the Service plan to which you subscribe specifies a data transfer, visitation, or disk space cap, you agree not to go over it. If you go above this limit, any extra disk space, visits, or data transfers will be charged at the then-current Fee ( https://greggHosting.com/faq). Additionally, we reserve the right to restrict your use of the Services in our sole discretion if you go over the data transfer allowance, the visitation allowance, or the disk space allowance in your Service plan. Our knowledge base page on visitor counts (https://greggHosting.com/) explains how GreggHosting counts visits.
(c). We may remove system/generated files and limit your use of the Services if your use of the Services harms disk space resources. Such as creating large system-generated or application-generated files (such as log files, backup files, and cache files). You agree to help us prevent damage to disk space due to your use of the Services.
(d). You may be able to send a set number of transactional emails daily, depending on your plan, but you agree not to send more than the allotted number as stated on our website. If you send more transactional emails than allowed each day, we could suggest upgrading your plan, Or switching to providers. We have the right to decline to deliver emails on your behalf if you refuse to upgrade your plan or utilize a third-party service.
(e). Use the Services only for the purposes they are advertised on our websites, such as providing open proxies, Internet Relay Chat (IRC), cryptocurrency mining, or any other activity.
(f). Avoid using the Services for activities that consume a lot of bandwidth, such as providing or distributing music files, video files, or downloaded digital assets (e.g., downloadable zip and pdf files). Suppose a client website includes these kinds of activities. In that case, it should use an appropriate third-party storage service, make sure the assets are delivered by a content delivery network (CDN), or otherwise set up the client website in a way that prevents the network of GreggHosting from using the bandwidth required for those activities. The ClientClient is responsible for configuring the Client’s Websites to use an appropriate delivery channel for these activities
07. Your License Rights and GreggHosting's Property:
- The ClientClient does not own the Services; GreggHosting is the sole and exclusive owner, except for Third Party Services. All software, graphics, images, website templates and widgets, literary works, source and computer code (including HTML), applications, music, video, and other media, designs, animations, interfaces, documentation and versions thereof, the look and arrangement of the Services, methods, and content are owned by us.
- Subject to your Agreement with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully renewable license to access and use the Services solely to create, manage, and operate your Client Website. You may not sell, distribute, rent, lease, license, or transfer the Services to third parties except as expressly permitted by these Terms or as agreed upon in writing by GreggHosting. No licenses or rights under any intellectual property rights owned or controlled by GreggHosting or its licensors are implied or otherwise granted to you, save for the licenses and rights specifically provided in this Section 7.2. If these Terms or the Services are canceled, you will no longer have any access to the Services. You must instantly stop all use of the Services and destroy any copies you have made of the Services.
- Any part of our Services may be temporarily or permanently changed at any time, at our discretion, without generating any responsibility to you.
08. Policy on Copyright and Infringers:
- GreggHosting’s policy, following the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, is to terminate users who are proven to be repeat infringers of others’ copyrighted property under the appropriate circumstances and at GreggHosting’s sole discretion. GreggHosting has the right to restrict access to the Services and terminate the accounts of any customers we suspect violating the intellectual property rights of third parties, regardless of whether there has been any repeat violation.
You can file a notification of such infringement with the GreggHosting Copyright Agent as described below if you think anything on the Services violates any copyright you own or control.
Copyright ©2022 GreggHosting.com
- Suppose you submit a false claim that the content or activity in question is illegal. In that case, you will be held liable for any expenses (including attorneys’ fees) imposed by the alleged infringer or us due to our reliance on your false claim to remove or disable access to the content or activity in question.
09. Services from Third Parties:
- Occasionally, the Services may make use of, display, install, or incorporate third-party resources that are not under GreggHosting’s control (collectively, “Third-Party Services”). Third-Party Services are provided simply as a courtesy, and we have no control over other sites’ content, products, or services. You agree that GreggHosting is not liable for any Third-Party Services you access through the Services and that you bear all responsibility for your dealings with and use of any such Third-Party Services.
- GreggHosting may, immediately and at our discretion, cancel this Agreement and terminate or suspend your access to the Services and your account if you violate these Terms or any other policies, terms, or agreements GreggHosting may, from time to time, have in place. You are not allowed to sign up for another Account or use the Services after any such termination or suspension without our prior written consent.
- By providing the other party with written notice fourteen (14) days in advance, either party may end the Services and these Terms for convenience. In the GreggHosting application, the customer care departments may allow clients to terminate their hosting accounts independently.
- Any clause in these terms that must endure termination, expiration, discontinuation, or suspension of these terms or the services to carry out its intent properly will do so.
11. WARRANTIES ARE EXCLUDED:
- Except as otherwise provided herein, GreggHosting makes no representations or warranties of any kind, either expressly or by implication, contractual or otherwise, including, but not limited to, any implied warranties, fitness, title, and non-infringement, and any course of dealing, custom, or trade practice.
- Without limiting the following issues, GreggHosting makes no warranty of any kind that the Services, or products and results of the use thereof, will
(A) meet the requirements of clients or any other person;
(B) Operate without interruption;
(C) Achieve any intended result;
(D) Be compatible or work with any.
12. RESTRICTIONS ON LIABILITY:
- GreggHosting, its owners, employees, officers, directors, agents, contractors, affiliates, suppliers, and licensors will not be held liable for any indirect, incidental, special, exceptional, or significant damages, including lost profits, goodwill, service interruption, computer damage, system failure, or loss, theft, or illegal access to or alteration of data.
- GreggHosting’s total liability under or in connection with the Agreement, or from the use or inability to use the Services, will never be more than the greater of
(A) the total fees paid or owed by you to GreggHosting during the six (6) months immediately preceding the claim, or
(B) one hundred dollars ($100.00).
- The liability and damage exclusions and limitations outlined in this Section 12 form the cornerstones of the Agreement between GreggHosting and you.
- Some jurisdictions don’t permit the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, YOU ARE BOUND BY THE LIMITATIONS OF SECTIONS 11 AND 12 TO THE FULLEST EXTENT PERMITTED BY LAW.
- You agree to indemnify and hold GreggHosting harmless from any losses, damages, or liability of any kind, including attorneys’ fees, that a GreggHosting Indemnitee may suffer as a result of any claims, proceedings, or investigations initiated by any third party.
- We have the right to control any action or procedure, including the choice of counsel, to decide whether we want to settle it. If so, on what terms? In such a case, you will work with us to assert any defenses that may be appropriate.
14. Resolution of Conflict
- Kindly review this section carefully, as it limits your options for seeking relief and requires you to resolve some disputes with GreggHosting.
- Without submitting a formal action, we wish to resolve your issues. Please contact us at [email protected] before submitting a formal legal complaint against GreggHosting. We’ll try to settle the argument and take care of your issues. A formal process, as described in this Section 14, may be brought by you or GreggHosting if the issue is not solved within Fifteen days of Submission.
- You and GreggHosting agree to submit to the exclusive jurisdiction and venue of the American Arbitration Association for the resolution of all disputes arising out of relating to the Services. The Agreement provided that neither you nor GreggHosting shall be bound to arbitrate any dispute or claim in which the other party is GreggHosting.
- You and GreggHosting agree that the arbitration will be conducted by a single arbitrator in private and will take place only in metropolitan Boston, Massachusetts (i.e., the city of Boston or its neighboring suburbs or cities).
- You and GreggHosting agree that any legal action, including any appeal of an arbitration award, will be brought in the state courts in Suffolk County, State of Massachusetts. For any reason, this Agreement does not apply to the case. You and GreggHosting both AGREE that Suffolk County, State of Massachusetts, will serve as the exclusive venue and that you and GreggHosting will each waive your right to a jury trial. The parties consent and agree to the transfer of any legal action brought in Massachusetts state courts according to this section 14.5 to the Business Litigation Session of the Superior Court for Suffolk County.
- The Agreement will be governed by the internal laws of the Commonwealth of Massachusetts in the United States. Without any regard to the conflict of law rules of that state.
- You renounce any right to bring a class action, a class arbitration, or another representative action or proceeding, regardless of whether the dispute is heard in court or through arbitration.
15. Certification in CCPA
- This Section 15 only applies in the situation that
(a). GreggHosting obtains and processes End User personal information for or on behalf of the ClientClient, and
(b). the End User’s personal information is subject to the California Consumer Privacy Act (“CCPA”).
- GreggHosting confirms, acknowledges, and accepts that it is a service provider about the personal data of End Users. GreggHosting will not sell the personal information of End Users. Other than the purpose of providing the Services under the Agreement or as permitted by the CCPA, GreggHosting shall not store, use, or disclose End User personal information.
- The definitions provided in the CCPA shall apply to any terms in this Section 15 that are not defined.
- The Agreement contains all parties’ understandings and agreements about its overall subject matter. Supersedes all past and current understandings and agreements.
- You cannot delegate your rights or responsibilities under the Agreement without GreggHosting’s prior written consent. Without your permission or Agreement, GreggHosting may assign all or any portions of its rights under the Agreement.
- Any power, right, and privilege under the Agreement that we fail to exercise or do so after a reasonable amount of time elapses is not deemed to have been waived.
- The Agreement’s provisions shall continue in full force and effect regardless of the validity. Or any one provision shall not impact the validity or enforceability of any other provision.