Terms of Service

A

A. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

• Privacy Notice
• Acceptable Use Policy

B

B. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

A

A. By registering for or using the Services, you represent and warrant that:

i. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

ii. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

B

B. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. CrocWeb is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the CrocWeb Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In certain cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

C

C. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

D

D. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

E

E. The Service and any data you provide to CrocWeb is hosted in Canada unless otherwise provided. If you access the Service from outside of Canada, you are voluntarily transferring information (potentially including personally-identifiable information) and content to Canada. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of Canada, and not necessarily of the jurisdiction in which you are located.

A

A. Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by CrocWeb (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “CrocWeb Content”), are the property of CrocWeb or its licensors. No CrocWeb Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any CrocWeb Content.

B

B. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.

C

C. Any use of CrocWeb Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any CrocWeb Content. All rights to use CrocWeb Content that are not expressly granted in this Agreement are reserved by CrocWeb and CrocWeb’s licensors.

A

A. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to CrocWeb that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to CrocWeb a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, CrocWeb does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

B

B. CrocWeb exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through CrocWeb’s computers, network hubs and points of presence or the Internet. CrocWeb does not monitor User Content. However, you acknowledge and agree that CrocWeb may, but is not obligated to, immediately take any corrective action in CrocWeb’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that CrocWeb shall have no liability due to any corrective action that CrocWeb may take.

A

A. Third Party Providers

CrocWeb may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

CrocWeb does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. CrocWeb is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

B

B. CrocWeb as Reseller or Licensor

CrocWeb may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-CrocWeb Products”). CrocWeb shall not be responsible for any changes in the Services that cause any Non-CrocWeb Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-CrocWeb Products, either sold, licensed or provided by CrocWeb to you will not be deemed a breach of CrocWeb’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-CrocWeb Product are limited to those rights extended to you by the manufacturer of such Non-CrocWeb Product. You are entitled to use any Non-CrocWeb Product supplied by CrocWeb only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-CrocWeb Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-CrocWeb Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

C

C. Third Party Websites

The Services may contain links to other websites that are not owned or controlled by CrocWeb (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

A

A. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

B

B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. CrocWeb may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

C

C. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. CrocWeb may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

D

D. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by CrocWeb of an issue, we reserve the right to leave access to services disabled.

E

E. CrocWeb reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

A

A. You agree to cooperate fully with CrocWeb in connection with CrocWeb’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, CrocWeb is not responsible for any delays due to your failure to timely perform your obligations.

B

B. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by CrocWeb to provide the Services, which may be changed by CrocWeb from time to time in our sole discretion.

C

C. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. CrocWeb does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

A

A. Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

B

B. Autorenewal

Unless otherwise provided, you agree that until and unless you notify CrocWeb of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

C

C. Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to CrocWeb’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

D

D. Late Payment

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, CrocWeb may suspend or terminate your account and pursue the collection costs incurred by CrocWeb, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. CrocWeb will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

E

E. Domain Payments

It is solely your responsibility to notify CrocWeb’s Billing department by submitting a billing ticket from your CrocWeb Portal after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and CrocWeb is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed twenty-one (21) days before the renew date.

F

F. Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. CrocWeb may report any such misuse or fraudulent use, as determined in CrocWeb’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

G

G. Invoice Disputes

You have sixty (60) days to dispute any charge or payment processed by CrocWeb. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

H

H. Payment Card Industry Security Standard Disclaimer

CrocWeb complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. CrocWeb does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

A

A. Payment Method

No refunds will be provided if you use any of the following methods of payment: checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

B

B. Money-Back Guarantee

If an account with a sixty (60) day money-back guarantee is purchased and then cancelled within the first sixty (60) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the CrocWeb Billing Team (the “Refund Request”) within sixty (60) days of such termination or cancellation (“Notice Period”), receive a full refund of all hosting fees previously paid by you to CrocWeb for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 14. Requests for these refunds must be made in writing to the CrocWeb Billing Team. Refunds will only be issued for hosting services and will not include domains, administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money-Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

C

C. Refund Eligibility

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

D

D. Non-refundable Products and Services

There are no refunds on domain names, SSL certificates, administrative fees, install fees for custom software, and certain add-on services.

E

E. Cancellation Process

You may terminate or cancel the Services by giving CrocWeb written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) CrocWeb may, in our sole discretion, refund all pre-paid fees for hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

F

F. Domains

Domain renewals are billed and renewed twenty-one (21) days before the renewal date. It is your responsibility to notify CrocWeb’s Billing department by submitting a billing ticket from your CrocWeb Portal to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

G

G. Termination

CrocWeb may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to CrocWeb; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm CrocWeb or others, cause CrocWeb or others to incur liability, or disrupt CrocWeb’s business operations (as determined by CrocWeb in its sole discretion); (iv) you are abusive toward CrocWeb’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, CrocWeb will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

A

A. Acceptable Use Policy

Disk space is intended for use in accordance with CrocWeb’s Acceptable Use Policy and limited to web files, active email and User Website content only. Shared/reseller hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. CrocWeb expressly reserves the right to review every shared/reseller account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. CrocWeb may, in its sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of CrocWeb’s terms and conditions.

B

B. Excessive Server Resources

Use of CrocWeb’s resources must be consistent with a shared/reseller hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables or an excessive database size negatively affect the performance of the server. In the event that your account is affecting the performance of the server, CrocWeb may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. CrocWeb reserves the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.

C

C. Bandwidth Usage

Shared/reseller servers are not limited in their bandwidth allowance.

A

A. Resellers shall ensure that each of their clients complies with this Agreement.

B

B. Resellers are responsible for supporting their clients. CrocWeb does not provide support to clients of CrocWeb’s resellers. If a reseller’s client contacts CrocWeb, CrocWeb reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.

C

C. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. CrocWeb will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.

D

D. CrocWeb is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify CrocWeb from and against any and all claims made by any User arising from the reseller’s acts or omissions.

E

E. CrocWeb reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by CrocWeb.

F

F. Resellers in the CrocWeb Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

A

A. CrocWeb may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the CrocWeb website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

A

A. CrocWeb reserves the right to modify, change, or discontinue any aspect of the Services at any time.