ACCEPTABLE USE POLICY & TERMS

OF SERVICE

The following is the entire Acceptable User Policy ("AUP") agreement between GURUSHOST.COM

("GURUSHOST.COM") and the personal or corporate account holder ("YOU/YOUR/Customer").

GURUSHOST.COM provides World Wide Web Hosting, Marketing, and Development.

GURUSHOST.COM has certain legal and ethical responsibilities consisting with the use of its

servers and equipment involved in these services.

GURUSHOST.COM general policy is to act as a provider of Internet presence. GURUSHOST.COM

reserves the rights to suspend or cancel a customer's access to any or all services provided by

GURUSHOST.COM when we decide that the account has been inappropriately used.

SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of GURUSHOST.COM is strictly

prohibited.

GURUSHOST.COM will strongly react to any use or attempted use of an Internet account or

computer without the owner's authorization. Such attempts include "Internet scamming" (tricking

other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or

computer belongs to GURUSHOST.COM, will result in action against YOU. Possible actions include

warnings, account suspension or cancelation, as well as civil or criminal legal action, depending

on the seriousness of the attack.

IMPORTANT NOTE - GURUSHOST.COM has the right to discontinue service, or deny access to

anyone who violates our policies or the terms and conditions shown below WITHOUT

WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is

due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are

NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic

content, illegal content, copyright infringement, trademark infringement, warez sites (including

links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use

of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else

determined by GURUSHOST.COM to be unacceptable use of our services including abuse of server

resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-

of-date and actively being exploited will be shut down immediately without prior notice. YOU

are responsible for and should evaluate YOUR web-based applications and scripts on a regular

basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links

to the following content: Providing material that is grossly of fensive to the Web community

including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing

instructional information about illegal activities; promoting physical harm or injury against any

group or individual; displaying material containing obscene nudity or pornographic material (not

applicable to managed dedicated servers); displaying material that exploits children under 18-

years of age; acts of copyright infringement including offering pirated computer programs or

links to such programs; information used to circumvent manufacturer-installed copy-protect

devices, including serial or registration numbers for software programs, or any type of cracker

utilities.

STORAGE SPACE ABUSE

GURUSHOST.COM will not tolerate any form of storage space abuse. At least 90% of YOUR web

pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on GURUSHOST.COM servers.

Website that are found to contain either/or no HTML documents, a large number of unlinked

files are subject to files deletion or account cancelation at the discretion of GURUSHOST.COM

Management ("MANAGEMENT"), with or without prior notice.

If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the

amount allocated to YOUR specific web hosting plan ("PLAN"). Thereafter, normal website data

storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk

space overages, you will be billed $0.10/1MB/month.

YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website

being disabled within 3 days of YOUR first notice. This does not apply to co-location clients.

Co-location clients will be billed for the overages based on switch reports. Co-location clients

must pay for the overages IMMEDIATELY once billing or GURUSHOST.COM has the sole

decision to deactivate any and all servers.

GURUSHOST.COM will be the sole arbiter as to what constitutes a violation of this provision.

BANDWIDTH ABUSE

The intention of GURUSHOST.COM is to provide a large bandwidth to transfer web documents, and

not an offsite storage area for electronic files. If YOU violate this condition, YOU will be

notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being

billed for the overages.

If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the

amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of

$10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth

overages, YOU will be billed $5.00/1GB/month.

YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website

being disabled within 3 days of YOUR first notice. This does not apply to co-location clients.

Co-location clients will be billed for the overages based on switch reports. Co-location clients

must pay for the overages IMMEDIATELY once billing or GURUSHOST.COM has the sole

decision to deactivate any and all servers.

GURUSHOST.COM will be the sole arbiter as to what constitutes a violation of this provision.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely

result in account cancelation.

GURUSHOST.COM takes a zero-tolerance approach to SPAM originating from its servers or for

spam advertising of domains hosted within our network. If found, we will charge YOU up to $25

per unsolicited email message sent and delete YOUR account with any prior notice.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk

mailing of commercial advertising, informational announcements, charity requests, petitions for

signatures, and political or religious tracts (such messages may only be sent to those who have

explicitly requested it from your domain); Forging, altering or removing electronic mail headers

- any domain sending stealth spam will be terminated without warning and without refund.

Sending numerous copies of the same or substantially similar message with the intent to disrupt a

server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are

unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate

posting may result in account cancelation. See the newsgroup or mailing list's charter for whether

advertising is allowed or not. Sending a message to many different off-topic newsgroups, is

particularly unethical and will be treated as such; Mail may not be used to harass or intimidate

others. Harassment, whether through language, frequency of messages, or size of messages, is

prohibited. Sending a single unwelcome message may be considered harassment. If a recipient

asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE - If YOU use the services of another provider to promote a website hosted by or through

GURUSHOST.COM ("spamvertising"), then the provisions of the above policy shall apply as if the

SPAM were sent through our servers.

99.99% UPTIME GUARANTEE

(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial

standing with GURUSHOST.COM at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - GURUSHOST.COM

endeavors to have the content of YOUR website available for http access by any party in the

world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss

from GURUSHOST.COM to its backbone providers. Downtime is measured past 10 minutes after

notification of network failure via GURUSHOST.COM's online ticketing system. If the ticketing

system itself is unreachable, the ticket must be started by calling the GURUSHOST.COM NOC.

GURUSHOST.COM's administrators will determine the end of the downtime by a traceroute to

YOUR machine from outside the GURUSHOST.COM network.

(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less

than 100%, GURUSHOST.COM will credit the following month's service fee as follows. YOUR

credit shall be retroactive and measured in 24 hours a day of a calendar month, with the

maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Uptime Credit:

95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee

90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee

89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)

MANAGE DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is

between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to

the difference between the guaranteed level of availability of the Customer's services during the

month and the calculated actual level of availability of the Customer's services, multiplied by the

actual charges incurred by YOU for the services during that monthly period. In addition, for

managed dedicated servers, YOU may be entitled to additional credits as calculated below

measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of

the monthly service charge for the affected month.

In order for YOU to receive a credit on YOUR account, YOU must request such credit within

seven (7) days after YOU experienced the downtime. You must request credit by sending an e-

mail message to billingsupport@GURUSHOST.COM. For security, the body of this message must

contain YOUR account number, the dates and times of the unavailability of  YOUR website, and

such other customer identification requested by GURUSHOST.COM. Credits will usually be applied

within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole

and exclusive remedy in the event of an outage.

(4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any

outage resulting from:

scheduled maintenance as posted from time to time at GURUSHOST.COM,

your behavior or the performance or failure of your equipment, facilities or applications,

circumstances beyond GURUSHOST.COM's reasonable control, including, without limitation, acts

of any governmental body, war, insurrection, sabotage, embar go, fire, flood, strike or other labor

disturbance, interruption of or delay in transportation, unavailability of interruption or delay in

telecommunications or third party services, including DNS propagation, domain name

registration/transfer, failure of thir d party software or hardware or inability to obtain raw

materials, supplies, or power used in or equipment needed for provision of your web site,

YOU breaking any agreement policy in GURUSHOST.COM's "Terms & Conditions and AUP"

causing a machine to fail as a result.

TECHNICAL SUPPORT BOUNDARIES

GURUSHOST.COM provides technical support for YOU that encompasses within our area of

expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel

control panel interface, servers within our immediate responsibility and any other hosting related

issues.

However, in under no circumstances is GURUSHOST.COM neither obligated to help YOU in the

installations of new application modules, templates and/or programming languages, nor in

providing assistance for any errors produced by any applications that have been modified by

YOU previously. We will only provide assistance in making sure any EasyApps applications that

are installed through the cPanel control panel interface are installed as directed.

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI

scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal

shared server operation without prior notice. (this section does not apply to managed dedicated

servers)

CHAT ROOMS

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without

approving it with GURUSHOST.COM. This includes, but not limited to, chat applications written in

PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real- time' chat is also not

permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account

option. However, web based forums such as vBulletin, phpBB or similar forum scripts are

acceptable.

FILE SERVER

GURUSHOST.COM installed and provides special file-servers in our network infrastructure for

YOUR benefit as a means of storage for electronic files and applications that are not dynamically

generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG,

MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically

generated scripting languages are to be stored within these file-servers, away from the web-

servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and

BMP.

In addition, all electronic files stored within GURUSHOST.COM's file-servers must be legally-

owned and be accompanied with a valid license and/or copyright. This include and is not limiting

to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed

and/or illegal files within YOUR account, the files will be subjected to deletion without any

further notifications.

File-servers will not be backed up. YOU are advised to have YOUR own backup locally or

elsewhere other than within the GURUSHOST.COM's servers. If YOU are found to not adhere to this

Policy, the offending material(s) will be deleted f rom YOUR hosting account without any prior

notice.

This service is only available for GURUSHOST.COM's SHARED-HOSTING customers.

CANCELATION OF SERVICE

GURUSHOST.COM reserves the right to cancel a service at any time. All fees paid in advance of

cancellation will be pro-rated and paid by GURUSHOST.COM if we institutes our right of

cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer,

space etc.).

All of GURUSHOST.COM's PLANS are backed by a 30-day money back guarantee. If  YOU are not

completely satisfied with our services or support within the first 30 days of YOUR contr act,

YOU will be given a full refund of the contract amount excluding setup fees, domain registration

fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is

canceled prior to account activation.

If YOU cancel, the full contract amount less any setup fees and overages will be refunded if

GURUSHOST.COM is notified within the first 30 days following activation. This policy does not

apply to any additional services such as overages, referrer  logs, real audio/video, additional disk

space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds

will be made to a PayPal account made available by the Customer after the 120th day. Refund

policy will not be made available to Customers using wire transfers.

All account cancelations must be done via our cancelation form at YOUR hosting account

control panel. Phone or email requests will not constitute acceptance of any cancelation.

PROMOTIONAL RATES & SPECIAL OFFERS

GURUSHOST.COM may offer subsequent promotional rates or special offers, the terms of which

may or may not be more favorable than the terms and conditions for YOUR Services. Any such

promotions or modifications shall not affect YOUR obligations under this Agreement.

Promotional fees may be subject to additional terms and conditions which, to the extent they

conflict with the terms of this Agreement, shall govern. Different promotional fees and special

offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through GURUSHOST.COM's services may be subject to protection under

the United States or other copyright laws, or laws protecting trademarks, trade secrets and

proprietary information. Except when expressly permitted by the owner of such rights, YOU

must not use GURUSHOST.COM or its servers and network in a manner that would infringe, violate,

dilute or misappropriate any such rights, with respect to any material that you access or receive

through the GURUSHOST.COM network. If YOU use a domain name in connection with

GURUSHOST.COM or similar service, YOU must not use that domain name in violation of any

trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the GURUSHOST.COM network with an 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 a server or account YOU are not expressly

authorized to access, password cracking, probing the security of other networks in search of

weakness, or violation of any other organization's security policy. YOU may not attempt to

interfere or deny service to any user, host, or network. This includes, but is not limited to,

flooding, mail bombing, or other deliber ate attempts to overload or crash a host or network.

GURUSHOST.COM will cooperate fully with investigations for violations of systems or network

security at other sites, including cooperating with law enforcement authorities in the

investigation of suspected criminal violations. Users who violate system or network security may

incur criminal or civil liability.

ELECTRONIC COMMERCE

YOU will be solely responsible for the development, operation and maintenance of YOUR

online store and products along with all content and materials appearing online or on YOUR

products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or

related to YOUR products,

(b.) ensuring that the content and materials appear ing within the store or related to YOUR

products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to YOUR

products are not libelous or otherwise illegal. YOU will be solely responsible for the final

calculation and application of shipping and sales tax. YOU will also be solely responsible for

accepting, processing, and filling any customer orders, and for handling any customer inquiries

or complaints arising there from.

YOU are also responsible for the security of any customer credit card numbers and related

customer information YOU may access as a result of conducting electronic commerce

transactions through YOUR website. YOU will keep all such information confidential and will

use the same degree of care and security as YOU use with your confidential information.

STATIC & DYNAMIC CONTENT CACHING

YOU expressly

(i) grant to GURUSHOST.COM a license to cache the entirety of YOUR website, including content

supplied by third parties, hosted by GURUSHOST.COM under this Agreement and

(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or

any third party's intellectual property rights.

IP ADDRESS OWNERSHIP

GURUSHOST.COM shall maintain and control ownership of all IP numbers and addresses that may

be assigned to YOU by GURUSHOST.COM. GURUSHOST.COM reserves, in its sole discretion, the

right to change or remove any and all such IP numbers and addresses.

DOMAIN NAME REGISTRATION

YOU agree to pay GURUSHOST.COM prior to the effectiveness of the desired domain name

registration, the then-current amount set forth in the GURUSHOST.COM price schedule for the

initial registration of the domain name and, should YOU choose to renew the registration,

subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if

YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR

then current registration term. GURUSHOST.COM reserves the right to change fees, surcharges,

renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR

requested domain name will not be registered unless and until we receive actual payment of the

registration fee, and have confirmed YOUR registration in an email from GURUSHOST.COM to the

email address indicated in YOUR registration application. In the event of a chargeback by a

credit card company (or similar action by another payment provider allowed by GURUSHOST.COM)

in connection with the payments of the registration fee for YOUR domain name registration,

YOU agrees and acknowledges that the domain name registration shall be transferred to

GURUSHOST.COM as the paying entity for that registration to the registry and that we reserve all

rights regarding such domain name including, without limitation, the right to make the domain

name available to other parties for purchase. GURUSHOST.COM will reinstate YOUR domain name

registration solely at GURUSHOST.COM discretion, and subject to our receipt of the initial

registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to GURUSHOST.COM

YOU agrees to pay GURUSHOST.COM prior to the effectiveness of the desired domain name

transfer request, the then-current amount set forth in the GURUSHOST.COM price schedule for the

initial transfer request of the domain name. YOU agree and acknowledge that the domain name

transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

No response from the Registered Name Holder or Administrative Contact

Domain name in Registrar Lock Status

Domain name registration period time expires or other constraints, other than during the first

60 days of initial registration or during the first 60 days after a registrar transfer

GURUSHOST.COM reserves the right to change fees, surcharges, renewal fees or to institute new

fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be

registered unless and until we receive actual payment of the registration fee, and have confirmed

YOUR registration in an email from GURUSHOST.COM to the email address indicated in YOUR

registration application. In the event of a char geback by a credit card company (or similar action

by another payment provider allowed by GURUSHOST.COM) in connection with the payments of

the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the

domain name registration shall be transferred to GURUSHOST.COM as the paying entity for that

registration to the registry and that we r eserve all rights regarding such domain name including,

without limitation, the right to make the domain name available to other parties for purchase.

GURUSHOST.COM will reinstate YOUR domain name registration solely at GURUSHOST.COM

discretion, and subject to our receipt of the initial registration or renewal fee and our then-current

reinstatement fee.

Transfer domain registrar away from GURUSHOST.COM

GURUSHOST.COM reserves all rights, without limitation, to reject the domain name transfer request

for the following reasons, but not limited to:

No response from the Registered Name Holder or Administrative Contact

Domain name in Registrar Lock Status and there is no request from Registered Name Holder

or Administrative Contact for the status change

Domain name registration period time will be expiring in less than 60 days or other

constraints, other than during the first 60 days of initial registration or during the first 60 days

after a registrar transf er

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her

sole responsibility, and GURUSHOST.COM will not be held liable for the failure of a domain name

transfer for any reason.

LAWFUL PURPOSE

GURUSHOST.COM reserves the right to refuse service to anyone. YOU may only use

GURUSHOST.COM server for lawful purposes and our services may not be used for illegal purposes

or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or

injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything

is not legal in the United States of America, it is not permitted to reside on our servers.

Transmission, distribution or storage of any material in violation of any applicable law or

regulation is prohibited. This includes but not limiting material protected by copyright,

trademark, trade secret or other intellectual property right used without proper authorization, and

material that is obscene, defamator y, constitutes an illegal threat, or violates export control laws.

Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker

programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3".

The designation of any materials as such described above is left entirely to the discretion of

GURUSHOST.COM management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree

that GURUSHOST.COM may disclose any and all YOUR information including assigned IP

numbers, account history, account use, etc. to any law enfor cement agent who makes a written

request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this

contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in

Fremont, California. Defendants further waive all objections to venue and acknowledge that

venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL

GURUSHOST.COM'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00)

DOLLARS.

INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD

GURUSHOST.COM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,

COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED

AGAINST GURUSHOST.COM, 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 YOU,

YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY

AND HOLD HARMLESS GURUSHOST.COM AGAINST LIABILITIES ARISING OUT OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR

OTHERWISE DISTRIBUTED IN CONNECTION WITH GURUSHOST.COM'S SERVER.

(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY

INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY

(3) COPYRIGHT INFRINGEMENT AND

(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM GURUSHOST.COM'S

SERVER.

DISCLAIMER

GURUSHOST.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS

MAY SUFFER. GURUSHOST.COM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED

OR IMPLIED FOR SERVICES WE PROVIDE. GURUSHOST.COM 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

GURUSHOST.COM AND ITS EMPLOYEES. GURUSHOST.COM RESERVES THE RIGHT TO

REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND

DEDICATED SERVERS OF GURUSHOST.COM MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR

IMMEDIATE ACCOUNT CANCELATION.

PRIVACY STATEMENT

GURUSHOST.COM follows the strict guidelines of our customer privacy statement. Please make

sure you understand this statement fully. Please visite Our Privacy Policy