TERMS OF SERVICE

GUGWEB TERMS OF SERVICE AND ACCEPTABLE USE POLICY

Gugweb provides web hosting, email hosting, managed VPS, cPanel reseller hosting, professional email, and SaaS software solutions. We are committed to delivering the highest quality services. The following guidelines are designed to ensure the integrity, security, and reliability of our infrastructure for all clients. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. Violation of these policies may result in immediate suspension or termination of your account without refund and with potential loss of data.

1. CLIENT RESPONSIBILITIES

a) The Client must keep all payments to Gugweb current. Accounts overdue by 3 days will be suspended. After 30 days of non-payment, the account will be terminated and all associated files permanently deleted.

b) The Client shall not store or distribute any material that infringes on intellectual property rights, including but not limited to unauthorized MP3s, videos, software, ROMs, or any copyrighted content.

c) The Client shall not promote or provide instructional information about illegal activities, or activities that could cause physical or financial harm to any group or individual.

d) The Client shall not store, distribute, or link to any material that exploits minors or persons under 18 years of age in any way.

e) The Client shall not store or distribute content that is defamatory, harassing, obscene, or promotes hatred, violence, or discrimination based on race, religion, gender, or sexual orientation.

f) The Client shall not engage in or facilitate hacking, cracking, phishing, or any other malicious cyber activity. Hosting of adult content, pornography, or sexually explicit material is strictly prohibited.

g) The Client shall not send unsolicited bulk email (spam) or engage in email marketing practices that violate international anti-spam laws (such as CAN-SPAM or GDPR). Violation will result in immediate account termination without refund.

h) The Client shall not use third-party services to send spam that promotes a domain hosted on Gugweb servers, nor shall they use email addresses from a Gugweb-hosted domain for spam purposes.

i) The Client shall not cause or allow their website to consume excessive server resources (CPU, RAM, or I/O) that could negatively impact other users on shared hosting environments. This includes, but is not limited to, running inefficient scripts, using the account for file storage/sharing (like a cloud drive), or hosting a site that receives high traffic unsuitable for shared hosting.

j) The Client shall not operate IRC servers, IRC bots, or any BitTorrent-related applications on Gugweb servers.

k) The Client shall not host subdomains (e.g., subdomain.cjb.net) where the primary domain is not also hosted on Gugweb servers.

l) The Client shall not use programs or scripts that adversely affect server performance or require an excessive amount of system resources.

m) The Client’s account is for their exclusive use and may not be transferred or shared with third parties without prior written consent from Gugweb.

n) The Client shall not attempt to breach security, access data not intended for them, or probe the vulnerability of any system or network on our servers. Such actions will lead to immediate account termination and may result in legal prosecution.

o) The Client shall not provide false or misleading information during the registration or account setup process.

p) Resellers are fully responsible for ensuring that their clients comply with all terms outlined in this policy. Negligence or failure to enforce these rules by a reseller may result in the suspension or termination of the reseller’s account.

q) The Client must keep their contact and billing information accurate and up-to-date in their account control panel.

r) Resellers agree to verify the identity and information of their clients to prevent fraudulent sign-ups and account misuse.

s) The Client shall not copy, reproduce, or plagiarize the Gugweb website design, content, or layout. Violation will lead to immediate service termination and potential legal action.

t) The Client is solely responsible for maintaining a current and complete backup of all data stored on our servers. While we perform routine system backups for disaster recovery, these are not guaranteed and should not be relied upon as the Client’s primary backup solution. Gugweb is not liable for data loss resulting from hardware failure, software corruption, or any other cause.

u) The Client shall not use our services to transmit, store, or distribute any information or material that violates any applicable international, national, or local law or regulation.

2. GUGWEB RESPONSIBILITIES

a) Gugweb will use commercially reasonable efforts to maintain the performance, security, and reliability of our network and servers. We will take necessary measures to prevent issues that could impact service quality.

b) Gugweb provides technical support related to our core services. This includes assistance with server configuration, email setup, and basic functionality of the hosting environment. Support does not include website design, development, coding (HTML, CSS, PHP, JavaScript, etc.), CMS theme/plugin customization, or third-party software troubleshooting beyond standard configuration guidance.

c) Technical support is primarily provided via our ticketing system. We strive to respond to all support tickets within 24 hours.

d) Gugweb will make reasonable efforts to notify Clients at least 48 hours in advance of scheduled maintenance that may cause service disruption. This notice may not be possible for emergency maintenance required to address security vulnerabilities, critical software updates, or hardware failures.

e) Gugweb guarantees a 99.5% network uptime (monthly average). This guarantee excludes scheduled maintenance, and outages caused by: third-party network failures (upstream providers), Client’s own applications/scripts, Client’s negligence, hardware failure beyond our control, DDoS attacks originating from external networks, or acts of God (force majeure).

3. ACCOUNT ACTIVATION, UPGRADES, AND INSTALLATIONS

a) New accounts are typically activated within 48 hours of payment confirmation.

b) By completing the order process, the Client acknowledges and agrees to all terms and conditions outlined in this document.

c) For downgrades (moving to a lower-tier plan), the Client must submit a request at least 15 days before the next billing cycle. Requests made less than 15 days before the due date will be processed for the following month.

d) No refunds or credits will be issued for the remaining value of the current billing period when a downgrade is performed. The new plan price will apply to the next billing cycle.

e) Downgrading may result in the loss of promotional pricing associated with the original plan.

f) Any additional services or add-ons ordered by the Client will be activated upon payment confirmation and subject to technical availability.

g) Fees paid for domain registrations, SSL certificates, software licenses, and other third-party services are non-refundable once activated, as these costs are passed through to the respective providers.

4. UNLIMITED TRAFFIC POLICY

a) “Unlimited Traffic” means that we do not charge overage fees for data transfer. Your website/application can handle the traffic it needs within the shared resources of your server. Optimized websites can transfer terabytes of data without issue.

b) To ensure quality for all users, our “Unlimited” plans are for hosting standard websites and applications. They are not intended for, and may not be used for: dedicated file storage/backup, file sharing/hosting services (like a cloud drive), video/audio streaming platforms (like a personal YouTube), or any other use that primarily consumes disk space and bandwidth with minimal web content.

5. BILLING AND PAYMENT

a) Invoices are generated and sent to the Client’s email 15 days prior to the due date.

b) If payment is not received within 5 calendar days after the due date, services will be automatically suspended, and all associated files, emails, and data will be blocked. Reactivation requires the payment to be cleared in our system. We do not accept payment receipts or proof of scheduling as confirmation of payment.

c) If an account remains unpaid for 30 calendar days past the due date, Gugweb will permanently delete all data, files, and emails associated with the account and any sub-accounts (for resellers), resulting in the definitive cancellation of services.

d) The Client is responsible for ensuring payments are made on time, regardless of third-party issues (e.g., bank strikes, system outages). Alternate payment methods should be used if the primary method fails.

e) After account deletion, backups may be retained for up to 7 days as a courtesy, but this is not guaranteed. Data restoration will incur a service fee of $50.00 USD per hosting account or $100.00 USD per reseller account, in addition to payment of all outstanding invoices.

6. ACCOUNT SECURITY

a) Login credentials are provided at account creation. The Client is responsible for maintaining strong passwords (containing letters, numbers, and special characters) and for all activity under their account. Gugweb reserves the right to reset passwords if necessary for security reasons.

b) The Client is solely responsible for safeguarding their password and for any actions taken using their account.

7. WEB HOSTING PLAN SPECIFICATIONS

a) Hosting of file storage/sharing sites (like file dump or media directories) is prohibited.

b) Mass email marketing or sending bulk unsolicited emails from our servers is prohibited.

c) Hosting of daily deal/group buying sites is generally prohibited due to high email volumes often flagged as spam.

d) Each domain is subject to resource limits defined by our CloudLinux environment (e.g., memory, CPU, and process limits). Sites exceeding these limits may be automatically throttled or suspended.

e) Websites consuming excessive server resources or causing performance degradation may be suspended without prior notice. High-traffic websites requiring dedicated resources should be hosted on a Managed VPS or Dedicated Server plan.

8. RESELLER HOSTING PLAN SPECIFICATIONS

a) Same content restrictions as Section 7 apply to all reseller client accounts.

b) Bulk email sending is limited (e.g., 350 emails per hour per domain). Violation may lead to restrictions.

c) Hosting of daily deal sites is generally prohibited.

d) Each domain within the reseller account is subject to the same CloudLinux resource limits as shared hosting plans.

e) Reseller accounts or their client sites found to be abusing server resources, sending spam, or hosting malicious scripts may be suspended immediately without prior notice to the reseller.

f) Gugweb reserves the right to migrate accounts to optimized servers to maintain performance and stability.

9. MANAGED VPS AND SAAS SOLUTIONS

a) Managed VPS plans include technical administration of the virtual server, including OS updates and security patches, but do not include management of the Client’s own applications or software running on the VPS unless specified in a separate support agreement.

b) SaaS solutions are provided on an “as-is” basis with specific terms defined in their respective service level agreements. Usage of these platforms must comply with all applicable laws and the software’s own acceptable use policies.

c) Clients using Managed VPS or SaaS platforms are responsible for securing their own applications and user data.

10. PROHIBITED ACTIVITIES AND ABUSE

a) Use of unlicensed or nulled software (e.g., cracked themes, plugins, billing systems) is strictly prohibited and will result in immediate account suspension or termination.

b) The Client is responsible for keeping all installed applications (CMS, plugins, scripts) updated to prevent security vulnerabilities that could lead to hacking or abuse.

c) The Client shall not engage in any form of attack (DDoS, hacking, cracking) against Gugweb infrastructure or any other target using our services. Violation will result in immediate termination and legal action.

d) The Client shall not copy, duplicate, or imitate any Gugweb service, design, or proprietary technology.

e) Unblocking an account suspended for abuse requires payment of a $100.00 USD service fee. Non-payment will result in continued suspension.

11. CANCELLATIONS AND REFUNDS

a) The Client may cancel their service at any time through their control panel or by contacting support.

b) Gugweb may modify service pricing with 10 days’ notice. Refunds are not provided for partial months of service upon cancellation.

c) Refunds for new services (excluding domains and third-party fees) may be requested within 48 hours of the initial order, provided no free migration services were utilized.

d) Clients who receive free website migration assistance at the time of sign-up waive their right to a refund, acknowledging the labor costs incurred by Gugweb.

12. DISPUTE RESOLUTION AND GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of The Federal Republic of Germany. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the German Institution of Arbitration (DIS) in accordance with the DIS Arbitration Rules. The seat of the arbitration shall be Berlin, Germany. The language of the arbitration shall be English. This clause shall not limit Gugweb’s right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Effective Date: January 1, 2026