Modification
ScarabWeb reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes ScarabWeb may reasonably make to this agreement when such changes are made. If you have purchased services or software from ScarabWeb, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide. You can find the latest update time at the bottom of this page.

You agree that you will be responsible for notifying ScarabWeb should you require to terminate your use of ScarabWeb's services. Notification of your intent to terminate must be provided at least 5 days prior to your billing date.

Privacy
ScarabWeb will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations and take great pride in IT security. Should we need to contact you directly regarding your specific account or service we will do so via email only or by phone.

Satisfaction Guaranteed
30 Day Guarantee Statement
Shared and Reseller Accounts
If for any reason you are unhappy with the services you receive from ScarabWeb during the first 30 days of service, you may request in writing via email or by the cancellation form within your client area that your services be discontinued, at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.
Please note that in order to take advantage of the 30 Day Money Back Guarantee, you must have used less than 50% of your available bandwidth.

New Accounts
All new shared and reseller hosting accounts purchased on our order page are set up instantly by our system, after an online fraud check. You will receive several emails including login details after your purchase, as well as the login details for your client area. Due to unforeseen complications with various mail servers and any connection problems between your ISP and ScarabWeb, this process may sometimes be delayed.

Domain Names and Domain Registrations
In order for your domain name to point to the ScarabWeb server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns*.scarabweb.com and secondary- ns*.scarabweb.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you might not be using the same DNS as before.

Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to ScarabWeb and away from your original registrar. You will need to contact us or submit a support ticket to initiate a domain transfer.

ScarabWeb will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. ScarabWeb does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a support ticket.

Content
ScarabWeb believes in freedom of speech. However, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to colour, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if ScarabWeb is made aware of any questionable content on a ScarabWeb-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a ScarabWeb server that copyrights their own material or that they wish to be removed, we require a proper written notice to begin investigation.

Liabilities
ScarabWeb makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall ScarabWeb be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

Payments and Agreement to Pay
As consideration for the software or services purchased by you and provided to you by ScarabWeb, you agree to pay ScarabWeb at the time of your order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. ScarabWeb expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

All hosting accounts, including VPS and dedicated servers, are billed at the same date as when you signed up, be it monthly, semi-annually or annually.

If for any reason, ScarabWeb is unable to charge your payment method for the full amount owed, or if ScarabWeb is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that ScarabWeb may peruse all available remedies in order to obtain payment. You agree that among the remedies ScarabWeb may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that ScarabWeb shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.

Late Payments
If at any time, your hosting payments become past due, you will receive notifications via email (3 notifications in total, to the most recently updated email address on file within your client area) with instructions on rectifying the situation. Please note that ScarabWeb holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts and servers will get automatically suspended of service if payment for hosting is not received 7 days after the due date.

All Accounts 5 days past due will be assessed a $10 late fee, which will be added to the invoice.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the previously mentioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 60 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that ScarabWeb holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

Please address any questions regarding payments to our billing department by opening a ticket in our support area.

Dedicated Servers
Payments are due every month on the date of signup. They are considered late after 5 days following the due date. Payments past due are subject to a $10 late fee, which will be added to the original invoice. If the server is suspended, payments are subject to a $25.00 reconnection fee.

Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Cancellations
Shared/Reseller/VPS/Dedicated
If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. You may cancel by sending a support ticket or by using the cancellation form within your client area.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of ScarabWeb staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination
If, for any reason, ScarabWeb fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces ScarabWeb to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled, your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Bandwidth Usage Policy
All leased dedicated server plans include an allocated continuous data transfer rate of 4.5 Mbps in a 30-day calendar month, which is an approximate quantity of 1,500 GB of data transfer. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your 30 day billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $75.00 per 1 Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $75.00/mbps = $37.50

If you anticipate high bandwidth usage, please contact our sales department via our support center for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: The rate of 1 Mbps of continuous data transfer in a 30 day period is aproximately 320 GB of bandwidth.


Last updated: May 15th, 2008