Terms of Service
Gravity Host agrees to provide services to the Subscriber, subject to the following Terms of Service.
Disclosure to Law Enforcement:
Gravity Host prohibits the use of our service for illegal activities in accordance with the laws of the United Kingdom and Germany. Therefore, Subscriber agrees that Gravity Host may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Gravity Host shall have the right to terminate all service set forth in this Agreement.
Payments and Fees:
All payments should be made by the due date shown on the invoice. Service will be suspended on accounts that reach 5 days overdue and the service terminated after 60 days overdue. Accounts that are not collectable by Gravity Host may be turned over to an outside collection agency for collection.
Failure to Pay:
Gravity Host may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges.
Our team will make every effort to help you move your site to us. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. Gravity Host will try its best but in some cases, may be unable to assist you in a 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 free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote. Contact information can be found here.
Requests for cancellation can be made through the client area. Services that have not been cancelled by the Subscriber will automatically be invoiced and renewed at the end of the term.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Gravity Host and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Gravity Host shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that Gravity Host’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 damages occurred. In no event shall Gravity Host be liable for any special or consequential damages, loss or injury.
Money Back Guarantee:
Gravity Host offer a 30 day money back guarantee on all web hosting packages. Refunds must be requested by opening a ticket with support within the first 30 days of your account being set up. Domain names, domain transfers, SSL Certificates and any setup fees are all non refundable.
Gravity Host provides online technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support:
- We offer support related to your server or virtual site physical functioning, but we do not offer technical support for application specific issues such as CGI programming, html or any other such issue.
- We do not provide technical support for YOUR customers (in case of resellers).
- If you can e-mail, we encourage you to e-mail email@example.com for assistance.
- The Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
Backups and Data Loss:
Your use of the service is at your sole risk. Gravity Host 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 Gravity Host servers. While Gravity Host does maintain backups of your files and/or data we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption or hardware failure.
SPAM and Unsolicited Commercial E-mail (UCE):
Gravity Host takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Gravity Host may not use or permit others to use our network to transact in UCE. Customers of Gravity Host may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Gravity Host SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 48 hours of notification). During the investigation, we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate customer’s account. Further, 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 offence.
There is a limit of 250 emails per hour on all shared hosting accounts. This limit also applies to mailing lists. Once this limit has been reached, any further email that is sent will be rejected and bounced back with an error.
Transferring, storing or linking to copyrighted material is not permitted. This includes, but not limited to:
- Installation/distributing of “pirated” / “nulled” or other software products that are not appropriately licensed for use by you.
- The hosting of “screeners”, “pirated” DVDs or other movie or audio files that you do not have written permission from the copyright holder to reproduce on the internet.
- Transmission, storage or linking to material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party.
IP Address Ownership:
If Gravity Host assigns Subscriber an Internet Protocol address for Subscriber’s use, the right to use that Internet Protocol address shall belong only to Gravity Host, and Subscriber shall have no right to use that Internet Protocol address except as permitted by Gravity Host in its sole discretion in connection with the Services, during the term of this Agreement. Gravity Host shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by Gravity Host, and Gravity Host reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Free hosting services:
Please note that our services (reseller or shared hosting) should not be used to provide free hosting services to the public.
System Resource Usage (CPU/Memory/etc.):
Using in excess of 25% CPU on a shared hosting plan for longer than 120 seconds is prohibited.
Using in excess of 10% CPU on a shared hosting plan for extended periods of time is prohibited.
Using in excess of 10% memory (RAM) on a shared hosting plan is prohibited.
Due to the server load that is often created by chat scripts, Gravity Host does not permit chat scripts to be used on any of our web hosting plans.
Gravity Host does not permit proxy scripts to be used on any of our shared web hosting plans.
Gravity Host does not permit torrent trackers to be hosted on any of our shared hosting plans.
Gravity Host does not permit the use of any software that connects to or interfaces with an IRC server / network.
Sale or promotion of alcohol, tobacco or drugs:
Gravity Host does not permit the hosting of websites that sell or promote alcohol, tobacco or drugs. This includes prescription medications and stimulators such as Viagra and Cialis.
Background processes are not permitted on our shared hosting packages.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of gigabytes per month for the Services ordered by Subscriber on the Order Form. Gravity Host will monitor Customer’s bandwidth and disk usage. Gravity Host shall have the right to take corrective action if Subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Gravity Host’s sole and absolute discretion. If Gravity Host takes any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Gravity Host Network. Violations of system or network security may result in civil or criminal liability. Gravity Host will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
- Taking any action in order to obtain services to which such User is not entitled.
Suspension of Service or Cancellation:
Gravity Host reserves the right to suspend network access to any customer if in the judgement of the Gravity Host network administrators the customer’s account is the source or target of the violation of any of the other terms of the TOS (Terms of Service). If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended. No refund will be issued for accounts that are terminated due to violations of the TOS.
You must provide us with, and keep current, good contact information for you. This information can be kept up to date at our client area.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber.
Gravity Host takes no responsibility for any material input by others and not posted to the Gravity Host Network by Gravity Host. Gravity Host is not responsible for the content of any other websites linked to the Gravity Host Network; links are provided as Internet navigation tools only. Gravity Host disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Gravity Host is not responsible for any damages your business may suffer. Gravity Host does not make implied or written warranties for any of our services. Gravity Host denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Gravity Host.
Responsibility for Content:
You, as Gravity Host customer, are solely responsible for the content stored on and served by your Gravity Host website.