Introduction to ClickHOST’s Terms of Service
At ClickHOST our natural inclination is to trust everybody. Unfortunately, we live in a world where we have to protect ourselves and you, our customer, from the baddies. Therefore this lengthy Terms of Service agreement.
What does “unlimited disk space, data transfer, and email storage” mean?
It’s pretty straightforward: Customers who use ClickHOST can obtain unlimited disk space, data transfer, and email storage if they use their services consistently with these paragraphs.
What is appropriate usage?
ClickHOST is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
ClickHOST is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. ClickHOST uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site.
You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. ClickHOST will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy (“AUP”) agreement between ClickHOST (“ClickHOST”) and the personal or corporate account holder (“YOU/YOUR/Customer”). ClickHOST provides World Wide Web Hosting, Marketing, and Development. ClickHOST has certain legal and ethical responsibilities consistent with the use of its servers and equipment involved in these services.
ClickHOST general policy is to act as a provider of Internet presence. ClickHOST reserves the rights to suspend or cancel a customer’s access to any or all services provided by ClickHOST when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of ClickHOST is strictly prohibited.
ClickHOST 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, phishing, malware, hacking, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to ClickHOST, 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 – ClickHOST 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:
pornographic content and nudity,
online gambling and related activities,
warez sites (including links to/from),
software serial numbers,
link farming (the act of or by use of scripts),
FFA (Free-For-All) and/or
anything else determined by ClickHOST 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 they include the following content or have links to the following content:
Providing material that is grossly offensive 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; 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
ClickHOST 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 ClickHOST servers. Websites 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 ClickHOST 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 of $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.
ClickHOST will be the sole arbiter as to what constitutes a violation of this provision.
The intention of ClickHOST 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 websitebeing disabled within 3 days of YOUR first notice.
ClickHOST 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.
ClickHOST’s customers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm).
ClickHOST 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 no 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 ClickHOST (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
COVERAGE: This 99.99% uptime guarantee applies to any Customer in good financial standing with ClickHOST at the time of a service outage.
SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS: ClickHOST 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 ClickHOST to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via ClickHOST’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by emailing firstname.lastname@example.org. ClickHOST’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the ClickHOST network.
SHARED HOSTING CREDITS: In the event that YOUR website is unavailable for less than 100%, ClickHOST 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
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 service.
CLICKHOST RESERVES THE RIGHT
ClickHOST 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 ClickHOST 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 ClickHOST) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to ClickHOST 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. ClickHOST will reinstate YOUR domain name registration solely at ClickHOST discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar away from ClickHOST
ClickHOST 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 transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be YOUR sole responsibility, and ClickHOST will not be held liable for the failure of a domain name transfer for any reason.
ClickHOST reserves the right to refuse service to anyone. YOU may only use ClickHOST servers 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, defamatory, 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 ClickHOST management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that ClickHOST may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of accepting this agreement, YOU agree that for purposes of venue this agreement is entered in Atlanta, Georgia, USA, and any dispute will be litigated or arbitrated in Atlanta, Georgia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Atlanta, Georgia courts. IN NO EVENT SHALL ClickHOST’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ClickHOST HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST ClickHOST, 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 ClickHOST AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ClickHOST’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 ClickHOST’S SERVER.
ClickHOST WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ClickHOST MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ClickHOST 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 ClickHOST AND ITS EMPLOYEES. ClickHOST RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ClickHOST MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
ClickHOST follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.