Terms of Use
Updated as of 14 Feb 2024
- ACCEPTANCE OF TERMS
1.1 We are Crunch Studio Pte. Ltd. (“Crunch Studio”) and we provide web hosting services (“service(s)”) to subscribers around the world. Our web hosting services are meant strictly for hosting WordPress websites only.
1.2 Your use of our services is subject to these Web Hosting Terms of Service (“Terms”). By checking box presented with these Terms, clicking the “Complete Order” button, or using this service (the “Effective Date”), you are deemed to have acknowledged, accepted and agree to be bound by these Terms. You acknowledge and accept that we may make changes to these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms on our website. Your use of the Service following changes to these Terms of Use will constitute your acceptance of those changes.
1.3 By signing up for any of our services, you consent to be included into Crunch Studio’ mailing list and to receiving our email and newsletters containing announcements, updates, promotions and/or any other topics we deem fit and appropriate to communicate. You can unsubscribe from this mailing list at any time.
- ABILITY TO ACCEPT TERMS OF USE
2.1 You affirm that you are either more than 21 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2.2 If you are subscribing to this service on behalf of an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. You acknowledge that you have read these terms, and you agree to abide by and comply with these Terms
- GENERAL
3.1 These terms will commence on the Effective Date and remain in effect until terminated by you or Crunch Studio in accordance with the Termination Clause of this Agreement.
3.2 Shared hosting (be Web or Email Hosting) is solely for your use only. As a subscriber, you may not sublet or in any way, give away any portion of the resources to any third party be it for profit or otherwise. Doing so is a material breach of these Terms and can result us immediately terminating of account without refund and without prior notice.
- CONTENT
4.1 You agree that all services Crunch Studio provides are intended and must be used for lawful purposes only. We strictly prohibit any storage, transmission, publishing, linking to content elsewhere and/or presentation of any data or information (including but not limited images, video, website material, domain name, and/or links) that violates of any Singapore, local or international law, including, but is not limited to: pornographic material, cyber bullying material, racist material, material that puts in jeopardy Singapore’s national security or that of any other nation, or material protected by copyright, trade secret or any other applicable laws. You agree to indemnify, defend and hold harmless Crunch Studio, from any claims resulting from your use of our services which damages any other party or yourself.
Prohibited content under this provision includes, but are not limited to, the following:
- IRC software
- Pirated software
- Hacking sites, programs or archives
- Warez sites
- Phishing sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Adult sites
- Sex related merchandising
- Gambling Sites
- Pharmaceuticals/Drug Sites
- Game Servers (dedicated game server programs)
- Racist Sites
- Engaging in or promoting behavior that is defamatory, harassing, abusive or otherwise objectionable
4.2 You are solely responsible for ensuring compliance with this provision. Unless in instances required by law, Crunch Studio will not be monitoring your activities to ensure your compliance with this provision. However should Awesome Site become aware of any possible violation, you agree that Crunch Studio will have the sole right to decide if this provision has been violated and in the event of a violation, that Crunch Studio has the sole discretion to take all necessary action to redress the situation, including but not limited to terminating your account without refund, removing any content deemed to be in violation without any prior notice to you, taking appropriate legal action against you and/or invoke any other possible action that Crunch Studio deems appropriate. Crunch Studio further reserves the right take direct legal action against your customer for any violation of these provisions and/or take action against you, because of your customers activities and violations.
4.3 At all times, you are required to cooperate with Crunch Studio in any action to enforce this provision.
4.4 To comply with court orders, statutes, regulations, government requests and/or any other applicable law, Crunch Studio may disclose all required information, including but not limited to, any information we have on or concerning you, transmission(s) you made when using our service, or any content residing on or recoverable from our servers. For avoidance of doubt, it is agreed and understood that Crunch Studio need not notify you in advance prior to releasing and disclosing such information.
4.5 At all times when using our services, be is as a subscriber, reseller or Internet Services provider, we expect you to comply with all applicable Singapore, local or International laws and regulations. Failure on your part to comply with any regulation and/or law is a deemed a material breach of our Terms and can result in the termination of your account without notice, legal action against you or any other action which Crunch Studio deem appropriate to protect our interest and position. By subscribing to our services, you agree to indemnify Crunch Studio for any breaches or violations of these Terms that result in any form of losses to us, whether financial or otherwise, including but not limited to claims and lawsuits by any third party. For avoidance of doubt this includes instances where legal action is taken against Crunch Studio because of your activities when using our services or that of your client(s).
4.6 To report any potential, suspect or confirmed case(s) of violation of this provision, please email Crunch Studio at report@awesomesites.com.sg.
- FAIR USAGE POLICY (Server Resources, Bandwidth, Email)
5.1 In good faith, Crunch Studio does not set a limit on resources allotted to you. And as long as you comply with these Terms, Crunch Studio will make every commercially-viable effort to provide you with the needed resources to smoothly operate your web site(s).
5.2 However, to ensure the consistency and quality of our services across all subscribers, Crunch Studio has measures in place to prevent any one website from consuming more than its fair share of resources and adversely impacting other websites on the same shared hosting.
5.3 In instances where it is found by Crunch Studio that a website is using more than its fair share of resources, Crunch Studio reserves the right to take all necessary actions, including but not limited to limiting processor time, bandwidth, processes and/or memory usage.
5.4 Bandwidth usage is checked daily, and abusers of this fair usage policy can have their account immediately suspended without prior notice, at Crunch Studio sole discretion. To lift this suspension, you will have to upgrade to a higher plan as advised by Crunch Studio.
5.5 Notwithstanding the above, Crunch Studio reserves the rights to suspend and/or terminate any account found using 15% or more of the server CPU or memory.
5.6 Additionally, running programs that consume excessive amounts of CPU, Disk or Network resources are prohibited.
Examples of resource heavy programs, content and websites prohibited under fair usage grounds includes, but are not limited to, the following:
- File sharing sites (music, video, etc)
- Game servers
- Cryptocurrency Mining activities
- IRC (Including but not limited to Egg Drops, BNC, or IRC bots).
- ShoutCast Servers
- Proxies
- PortScanning
- PHP Shell
- Resource-intensive scripts including but not limited to Magento, PennyAuction, and GroupBuy
- Background Running Programs running without obtaining explicit permission from Crunch Studio.
- SERVER ABUSE
6.1 Crunch Studio strictly prohibits any attempts to compromise any Crunch Studio server, security measures or subscriber including, but not limited to:
- Unauthorized logging into a server or account not intended for your use including but not limited to unauthorized access of data or services
- Unauthorized hacking, modifying, tampering or breaching of any security measures Crunch Studio has in put in place
- Transmitting viruses, Trojan horses, ransom ware, worms, malware, adware, time bombs, cancelbots or any other computer program with any likeness thereof, intended to damage, destroy, disrupt, corrupt or otherwise
- compromise our servers, systems, subsystems, network and/or subscribers
- Scanning or testing the vulnerability of any of Crunch Studio system, subsystem and/or network including attempts to do so
- Disrupting service to any user, subscriber, host or network
- Intercepting or stealing any data or information from any Crunch Studio server or network, system or subsystem
You are solely responsible for all actions, activities and transactions from your account, even if these actions, activities and/or transactions are performed by others without your knowledge or authorization.
- SUBSCRIBER/ CUSTOMER DATA, BACKUPS AND RESTORATION POLICY
7.1 Crunch Studio will never sell existing subscriber/ customer data.
7.2 Crunch Studio does not guarantee or warrant that the data stored in your hosting account will be backed up and is not responsible for the said data.
7.3 You are solely responsible for the backing up of your website(s) hosted and data (including but not limited to images, videos, articles, web content and databases) stored with Crunch Studio and shall hold harmless Crunch Studio at all times for any losses, financial or otherwise resulting from data loss due to your own failure to back up your website and/or data, whether the cause of your losses is due to events not within the control of Crunch Studio or even actions or omissions by Crunch Studio.
- NO UPTIME GUARANTEE
8.1 While Crunch Studio will endeavor to make our services available at all time, you agree and acknowledge that Crunch Studio does not provide any network uptime guarantee. You further agree that service disruptions or inaccessibility from time to time are inevitable and will at all times hold Crunch Studio harmless for any such downtime even if the downtime results in losses (financial or otherwise) for you.
- SCHEDULED MAINTENANCE
9.1 Crunch Studio will endeavor to notify you at least 48 hours in advance for Scheduled Maintenance
9.2 This is a courtesy service and failure to do so is not sufficient grounds for any claims against Crunch Studio even if the failure results in losses (financial or otherwise) for you.
- EMAIL POLICY
10.1 Your email activity limits are capped at either 100 emails per hour. Upon exceeding this limit, you will not be able to end out further emails from our servers.
10.2 You are prohibited from using your Crunch Studio account from conducting mass emailing activities. Mass emailing activities includes, but are not limited to the following
- The simultaneous sending of the same email content to a large number of people, whether or not this content is of a promotional or commercial nature
- Spamming or the sending of unsolicited email
- Sending emails to a purchased mailing list
- Sending emails to people who did not confirm via double opt-in their intention of being on your mailing list. (Proof of opt-in must be kept at all times and produced for verification by Crunch Studio if called upon)
10.3 Also strictly prohibited is the using or making available for use to any Crunch Studio subscriber, any software, program and/or service designed violate this policy, including but not limited to software, program and/or service that send unsolicited bulk emails, initiate flooding, pinging, mail bombing and/or distributed denial of service (DDOS) attacks
10.4 For clarity the above prohibition applies to all emails send from our server and/or network as well as emails directly or indirectly referencing a domain pointing to any Crunch Studio web hosting account
10.5 Email scrapping or any method of cultivation of email without the consent of the email owner is likewise strictly prohibited as is the operating of an account for and/or in collaboration with any entity listed in the database of ROKSO at www.spamhaus.org
10.6 Crunch Studio reserves the sole right to determine if our email policy has been breached and if so, to suspend or terminate, without refund and/or any prior notice, accounts found to be in violation
- REFUNDS
11.1 Outside of the first 30 days, all subscription fees paid for web hosting are strictly non-refundable
11.2 Within the first 30-Days, you can request to cancel your hosting at any time and receive a refund from us subject to the following conditions
- All setup fees paid are not refundable
- All refunds are subject to a 5% admin fee to defray finance charges incurred by Crunch Studio
- If a domain name is provided free with the hosting plan, a fee of $60 will be levied from the refund amount
- No refund will be entertained for misspelled domains registered
- No refund for domain renewals
11.3 No refund request will be entertained if you are found to be in violation of any of the terms and provisions found in this Web Hosting Terms of Service
- Billing Discrepancies
12.1 You will have 90 days from our invoice date to contest any billing discrepancies
12.2 Outside of this 90 day period, any such request for refunds on the grounds of billing discrepancies will be rejected
- ACCOUNT SETUP, BILLING AND TERMINATION
13.1 All orders will be processed immediately once received and service will be activated within 24 hours upon payment being received by Crunch Studio. We currently do not accept orders with delayed activation date request
13.2 All payments are to be made either via PayPal or Stripe payment gateway, both of which allows for payment using all major credit cards. Services and Domains will by default be auto renewed as long as payment deduction is successful and this option can be turn off on our customer panel.
13.3 Renewal notices will be sent to you latest on renewal date via email. It is your responsibility to whitelist our email address as non-receipt of our renewal notice is insufficient grounds for late payments or waiver of fees incurred as a result of your late payment
13.4 All accounts must be paid in full within 7 days of renewal date. Failure to do so will result in account suspension and a re-connection of $100 may be levied upon you on your request to re-activate the account. In addition, hosting fees and domain charges will continue to incur during the suspension period and you will be required to make good these charges
13.5 If your account is 30 or more days past due, Crunch Studio will terminate the account, and delete all information and data in that said account. In addition, hosting fees and domain charges will continue to incur during this 30-day period and you will be billed accordingly unless a termination request was received by us on or before the renewal due date
13.6 Payments overdue by 30 or more days will be subjected to a 10% late fee charges
13.7 Either party will have the right to terminate this agreement at any time by giving 30-day notice. To serve your notice to Crunch Studio, all termination request must be received by us at this email: termination@awesomesites.com.sg, 30 days before the requested termination date and deemed valid at the sole discretion of Crunch Studio
13.8 For Crunch Studio to serve you a termination notice, we can do so via sending you an email to your registered email address with us and/or via registered mail to your billing address on record with us
13.9 A termination request from you will only be deemed valid and complete if you are able to provide valid proof of your account ownership with the request. Valid proof of ownership will have to take the form of having the termination instructions sent to us directly from your registered email with us. We will not accept citing of contact number, office/ billing address and/or email address as valid proof of ownership as such information is easily attainable. Failure to provide a valid termination request as defined herein shall be construed as not serving a termination request at all. Crunch Studio will not act on invalid request and you will continue to incur both hosting and domain name charges. All late payment will continue to apply as well
13.10 You agree it is your sole responsibility to secure your registered email and will hold harmless Crunch Studio for acting on any termination request sent from your registered email without your knowledge
13.11 Notwithstanding the above, Crunch Studio reserves the right to immediately terminate without refund, any account found to be in violation of any of these Terms
13.12 Crunch Studio further reserves the right to immediately terminate any account without prior notice, if Crunch Studio determines at its sole and absolute discretion that it is required to do so by a valid court orders, statutes, regulations, government requests, order from an appropriate internet controlling entity such as ICANN and/or any other applicable la
- WEB ACCESS LOG FILE
14.1 The storing of Web Access Log files is not included in the web hosting packages Crunch Studio provides nor are we contractually obligated to keep this log
- LIMITATION OF DAMAGES
15.1 Crunch Studio provide this Web Hosting service and Domain Registration service on an “as is” basis and make no representations as to the quality, completeness or accuracy of any service made available to you. To the maximum extent permitted by law, we expressly exclude
- All conditions, warranties and other terms that might otherwise by implied by law into these Terms; and
- Any and all liability to you, whether arising under these Terms or otherwise in connection with your use of our Services.
15.2 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO S$100.00.
- GOODWILL SERVICES FOR SUBSCRIBERS
16.1 You acknowledge, agree and accept that your use of any of our services is on an “AS IS” basis and without support of any kind from Crunch Studio
16.2 Your further acknowledge, agree and accept that any service we provide not described in these terms are provided on a goodwill basis. We cannot be held liable for damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, even is the losses are the results of our actions, negligence and/or omissions
- PRICES AND SUBSCRIPTION FEES
17.1 Crunch Studio reserves the right to revise subscription fees and prices for any services, at any time without prior notice to the you
- ACCESS AND CONTROL POLICY
18.1 To prevent unauthorized access to your account, we will require anyone asking for assistance or access to your account to proof ownership. Crunch Studio will give assistance or grant access to the person if and only if that person is able to sufficient proof including but not limited to the following
- Name of the person who registered for the account
- The email address tied to the account
- An official email detailing the assistance request, sent from the email address tied to your account (mandatory)
18.2 Should the person be unable to show proof of ownership as detailed above, Crunch Studio will reject the access or assistance request unless instructed by the courts, required by law or instructed by an appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”) to do so
You accept that such an access and control policy is necessary to safeguard your account and agree you will not bring about legal action of any form, including but not limited to lawsuits against Crunch Studio for following this policy. You further discharge Crunch Studio from all liabilities and damages claims as a result of us denying you access or assistance due to our strict adherence to this policy.
- HOSTING MIGRATIONS
19.1 Crunch Studio reserves the right to accept or reject any request for hosting migration support
19.2 If Crunch Studio chooses at its discretion to provide such support, it must always be taken as a goodwill service and you accept that we cannot guarantee the success of the migration and cannot be held liable for any website availability delays, failed migration or damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties as a result of your Hosting Migration
19.3 By making your Hosting Migration request, you warrant and represent that you are legally allowed and authorized to
- Provide us access to your third-party hosting account, and
- Permit us to conduct the Hosting Migration exercise.
19.4 You acknowledge and agree that you are solely responsible for reviewing the contents of the migrated website, spot and rectify errors, if any as well as updating the DNS records to point your domain to our hosting
19.5 You further acknowledge and agree that you are aware Crunch Studio will not, before, during and/or after any Hosting Migration, back up your website or any data. It is your sole responsibility to make a backup of your website before migration
19.6 For avoidance of doubt, it is agreed and understood that you will continue to retain all ownership as well as all contractual obligations and responsibilities for your third-party hosting account after migration
- OWNERSHIP OF HOSTED WEBSITES AND DOMAIN NAMES
20.1 You acknowledge, agree and accept that it is not the responsibility of Crunch Studio to determine the ownership of domain names and websites it host
20.2 When registering a domain name or for a web hosting account, you warrant to us that all information provided, including but not limited to domain name, web hosting account and website ownership is complete and factually accurate
- TRANSFER OF OWNERSHIP WHEN THERE IS DISPUTE
21.1 In the event of an ownership dispute, Crunch Studio will officially recognize and acknowledge a change in ownership of any websites, domain names or accounts it hosts only under the following conditions
- A valid court order or order from an appropriate internet controlling entity such as ICANN mandating the transfer of ownership; or
- A notarized signature from both the original account owner and claimant certifying that the ownership of the domain name, website or hosting account has been transferred to the claimant.
21.2 You acknowledge, agree to this provision and accept that this is the one and only way to serve notice to Crunch Studio about a change in website, domain name or web hosting account ownership
- UNRESOLVED OWNERSHIP DISPUTE
22.1 From time to time, there can be disputes between multiple parties regarding the rightful ownership if a hosting account, domain name or website. In the event of such ownership dispute, it will not be Crunch Studio responsibility to resolve them. Instead the interested parties are to reach a conclusive settlement as to a rightful ownership among themselves such that it absolves Crunch Studio from all liabilities, duties and/or obligations arising from the dispute
22.2 Should the parties be unable to reach an agreement within what Crunch Studio solely determines to be a reasonable timeframe, Crunch Studio may as an option and not obligation, file for interpleader action in a Singapore court. The person(s) deemed by the court as the rightful owner will then be liable to reimburse Crunch Studio all expense incurred arising from the interpleader action, including but not limited to all attorney fees, cost, disbursements and court fees. This said reimbursement will be immediately due and payable upon the reaching of a court judgement and settlement
- NOTIFICATION OF HOSTING ACCOUNT OWNERSHIP CHANGE
23.1 Such changes must can be requested by the original owner. Awesome Site reserves the right to acknowledge or reject such ownership change notifications at its sole discretion
- ICANN DOMAIN REGISTRANT AGREEEMENT
24.1 When purchasing a domain name from Crunch Studio, you agree, acknowledge and accept that you are governed by the ICANN Registrant Agreement
Information on WHOIS Service
24.2 Under the ICANN Registrant Agreement, all domain registrants are required to furnish current, complete and accurate information of the WHOIS record upon domain registration order and to update such records no later than seven (7) days of any change during the term of the Order. The required information, which will be published in the Public WHOIS directory includes
- Registrant Full Name
- Registrant Postal Address
- Registrant Phone Number
- Registrant Email Address
- Name of Authorized Contact Person
24.3 The above information will also be used by Crunch Studio to contact you, the registrant, in instances where there are issues pertaining to your registered domain, website or hosting account
- ID PROTECTION SERVICE SUBSCRIPTION
25.1 Crunch Studio provides for a fee (if any), ID Protection Subscription service for all domains registered with us or transferred to us. This service will hide your personal contact information from public WHOIS searches by displaying instead, the contact information for Crunch Studio’ ID Protection service
- PROVISIONS SPECIFIC TO RESELLER HOSTING
26.1 For the purpose of this agreement, a Reseller is defined as a party reselling the services of Crunch Studio
- CONDITIONS FOR CLIENT(S) OF RESELLERS
27.1 While Crunch Studio may offer reseller web hosting services, such services, its pricing, discounts and/or promotions are determined solely by the resellers, as are the terms and conditions of service. Likewise, any transactions, dealings and/or agreement between a reseller and you will remain solely between the both of you. Crunch Studio is not a party to such transactions, dealings and/or agreement, makes no representation or warranty as to the availability and quality of services provided by the reseller and will not serve as a point of contact between the reseller and you
27.2 Any legal action between the reseller and you will remain between the both of you and you agree not to draw Crunch Studio into such lawsuits or legal battles and to indemnify, defend and hold harmless, Crunch Studio from any claims, damages, demands including legal cost and attorneys’ fees that result from such legal actions. Neither is Crunch Studio required to provide any assistance or information in the event of such legal action
- CONDITIONS FOR RESELLER
28.1 Any lawsuit between your client(s) on an Crunch Studio reseller plan and you will remain between the both of you and you agree not to draw Crunch Studio into such lawsuits or legal battles and to indemnify, defend and hold harmless, Crunch Studio from any claims, damages, demands including legal cost and attorneys’ fees that result from such legal actions. Neither is Crunch Studio required to provide any assistance or information in the event of such legal action
- REPRESENTATION OF RESELLER
29.1 In the event that a reseller is uncontactable for any reason, Crunch Studio may, at our sole discretion, step in to assist the affected reseller client(s). Under such situations, both the reseller and client agree that Crunch Studio’ stepping in is merely a goodwill service and agree to indemnify, defend and hold harmless, Crunch Studio from any claims, damages, demands including legal cost and attorneys’ fees that result directly or indirectly from our stepping in action