Terms of Service
CLICKONHOSTING agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of CLICKONHOSTING service constitutes acceptance and agreement to CLICKONHOSTING's AUP as well as CLICKONHOSTING's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of CLICKONHOSTING and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of CLICKONHOSTING. Subscriber understands that change to the AUP by CLICKONHOSTING shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the country of Sweden applicable to contracts enforceable in that country. Venue will be Sweden
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 to the Subscriber. In addition CLICKONHOSTING shall have the right to terminate all service set forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by CLICKONHOSTING of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that CLICKONHOSTING automatically charges subscriber`s credit card every month if nothing else has been stated in the invoice sent out.
4. Payments and Fees:
Service will be interrupted on accounts that reach 10 days past due. Accounts not paid by due date are subject to a $5 late fee. Accounts that are not collectable by CLICKONHOSTING may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay CLICKONHOSTING a "Processing and Collection" Fee of not less than $50 nor more than $100. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes:
All payments to CLICKONHOSTING are non refundable if the 30 day money back guarantee have passed. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in CLICKONHOSTING's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay CLICKONHOSTING an "Administrative Fee" of not less than $10 and not more than $50.
IMPORTANT INFORMATION ABOUT CLICKONHOSTING's 30 day money back guarantee:
CLICKONHOSTING'S 30 day money back guarantee DO ONLY apply to CLICKONHOSTING's shared hosting accounts ("Web hosting" & "ASP hosting") and CLICKONHOSTING's reseller hosting accounts. CLICKONHOSTING's 30 day money back guarantee DO NOT apply to any other services provides by CLICKONHOSTING, such as domain name registration or ssl certificate registration.
6. Failure to Pay:
CLICKONHOSTING may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation:
All requests for canceling accounts must be made via email to email@example.com with at least 7 days before next invoice due date. You must include all your account information in your cancellation e-mail.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of CLICKONHOSTING and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that CLICKONHOSTING shall not be liable for any damages arising from such causes beyond the direct and exclusive control of CLICKONHOSTING. Subscriber further acknowledges that CLICKONHOSTING's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall CLICKONHOSTING be liable for any special or consequential damages, loss or injury.
CLICKONHOSTING send out invoices automatically via email NOT by regular mail. ADDITIONAL: NEW SIGNUPS: On completion of the transaction you will receive an email from our service which will contain your invoice within a few minutes of placing the your order.
10. Datacenter public access:
Public access to CLICKONHOSTING datacenter is NOT allowed, due to security reasons.
11. Support Boundaries:
CLICKONHOSTING, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) CLICKONHOSTING only ensures that the server is online and is remotely accessible. CLICKONHOSTING does not offer tech support for application specific issues such as cgi programming, html, php programming, mysql programming or any other software or script programming.. CLICKONHOSTING does not provide technical support for YOUR customers. If you can email, we encourage you to email firstname.lastname@example.org for assistance.
12. SPAM and Unsolicited Commercial Email (UCE):
CLICKONHOSTING takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CLICKONHOSTING may not use or permit others to use our network to transact in UCE. Customers of CLICKONHOSTING may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
A. Violation of CLICKONHOSTING's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CLICKONHOSTING will initiate an immediate investigation (within 48 hours of notification). During the investigation, CLICKONHOSTING may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CLICKONHOSTING may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CLICKONHOSTING reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CLICKONHOSTING will notify law enforcement officials if the violation is believed to be a criminal offense.
B. First violations of this policy will result in an "Administrative Fee" of $5 and your account will be reviewed for possible immediate termination. A second violation will result in immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $5 per hour that CLICKONHOSTING personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
C. As our Customers are ultimately responsible for the actions of their clients over the CLICKONHOSTING network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Anyone hosting websites or services on their server and or shared hosting account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
A. IP Address Ownership: If CLICKONHOSTING assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to CLICKONHOSTING, and Customer shall have no right to use that Internet Protocol address except as permitted by CLICKONHOSTING in its sole discretion in connection with the Services, during the term of this Agreement. CLICKONHOSTING shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CLICKONHOSTING, and CLICKONHOSTING reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client
B. Bandwidth Usage. CLICKONHOSTING will monitor Customer's bandwidth. CLICKONHOSTING shall have the right to take corrective action if Customer's usage negatively impacts other clients.
C. System and Network Security: Users are prohibited from violating or attempting to violate the security of the CLICKONHOSTING Network. Violations of system or network security may result in civil or criminal liability. CLICKONHOSTING will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
I. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
II. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
III. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
IV. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
V. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
A. CLICKONHOSTING is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
B. First violation: Any User, which CLICKONHOSTING determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CLICKONHOSTING's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
C. Second Violation: Users that CLICKONHOSTING determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
D. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation:
CLICKONHOSTING reserves the right to suspend network access to any customer if in the judgment of the CLICKONHOSTING network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CLICKONHOSTING chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
IMPORTANT INFORMATION ABOUT ACCOUNT CANCELLATION:
If you wish to cancel one or all your services provides by CLICKONHOSTING you will have to contact CLICKONHOSTING's billing department via e-mail: email@example.com - You must provide CLICKONHOSTING's billing department with all your account information including full name, username and password for CLICKONHOSTING's billing department to carry our your request to cancel one or all your services provided by CLICKONHOSTING.
CLICKONHOSTING reserves the right to close all it's services at any time, customers will NOT be entitled a re found.
CLICKONHOSTING wishes to emphasize that in agreeing to the CLICKONHOSTING Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CLICKONHOSTING for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CLICKONHOSTING or the bringing of any claim against CLICKONHOSTING by any third-party. This means that if CLICKONHOSTING is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CLICKONHOSTING, plus all costs and attorney's fees.
18. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, telephone and address contacts are used, in that order of preference.
A. A waiver by CLICKONHOSTING of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
B. Subscriber shall not transfer or assign this Agreement without the prior written consent of CLICKONHOSTING. CLICKONHOSTING may also assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
C. CLICKONHOSTING takes no responsibility for any material input by others and not posted to the CLICKONHOSTING Network by CLICKONHOSTING. CLICKONHOSTING is not responsible for the content of any other websites linked to the CLICKONHOSTING Network; links are provided as Internet navigation tools only. CLICKONHOSTING disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
D. CLICKONHOSTING is not responsible for any damages your business may suffer. CLICKONHOSTING does not make implied or written warranties for any of our services. CLICKONHOSTING denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CLICKONHOSTING.
E. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
19. Responsibility for Content:
You, as CLICKONHOSTING's customer, are solely responsible for the content stored on and served by your CLICKONHOSTING server and or virtual hosting account.
20. Loss of Information and Backup:
You accept that CLICKONHOSTING can NOT be held responsible for any loss of your information (such as html files, database information, text files, images etc.) if CLICKONHOSTING's backup server crashes and or such.
21. Reselling a service or product provided CLICKONHOSTING:
You are NOT allowed to resell any services or products provided by CLICKONHOSTING unless CLICKONHOSTING has specified this in the service or product specification on the CLICKONHOSTING website (www.clickonhosting.com). If you are not sure regarding a specific service or product you can contact CLICKONHOSTING sales department at firstname.lastname@example.org.