1. Parties
This agreement is between HostClub (HostClub .co.uk /HostClub .ie
provider / we / our /us) and the party as specified in the on-line
application (User / client / customer / you / your). Hosting
services may also be provided by a company associated with HostClub
2. Usage Policy
We reserve the right to refuse service to anyone or to suspend or
cancel a customer’s access to any or all service we provided when we
decide that the account has been inappropriately used. In short, we
do not allow certain activities hosted on our servers: No adult
content, No pornography, No satanic materials, No online gambling,
No spam, No unsolicited e-mailing, No warez / cracks / copyright
infringement etc. Transmission of any material in violation of any
people’s republic, federal, provincial or local law and regulations
is strictly prohibited. We expressly forbid you or anyone from using
our servers for the propagation, distribution, housing, processing,
storing, or otherwise handling in any way lewd, obscene material, or
any other material (as such described above) which we deem to be
objectionable
3. Server Abuse
Any attempt to undermine or cause harm to a server, or customer of
ours is strictly prohibited and will result in legal actions against
the abuser.
4. Unauthorized Use of Other People’s Accounts or Computers
We will
strongly react to any use or attempted to 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 robbery, security hole scanning etc. Any
unauthorized use of accounts or computers by a customer, whether or
not the attacked account or computer belongs to us, will result in
action against the attacker, such as warnings, account suspension or
cancellation and civil or criminal legal actions
5. Abuse of Unlimited Traffic and / or Unlimited Storage
If one of our hosting plans offers unlimited traffic and/or
unlimited storage for the client web sites, the intention is to
provide a large space to serve web documents, not an offsite storage
area for electronic files. All web pages (html) of clients must be
linked with files (gif, jpeg etc.) stored on our server. Websites
that are found to contain either/or no html documents, a large
number of unlinked files are subject to warning, suspension or
cancellation at the discretion of our management. To maintain the
integrity of our services the following limitations are applicable
to such hosting plans: Sites with banners, graphics or CGI scripts
running from their domain used on other domain,
Sites with picture galleries (this is any site where 50% of the
files transferred is graphics),
Sites offering download files or archives (this is any site where
more than 50% of the monthly traffic is from file downloads). HostClub
will be the sole arbiter as to what constitutes a violation of
this provision. The maximum
storage file limit is 50,000 (fifty thousand ) per accounts .
6. Commercial Advertisements with E-mail
Unsolicited commercial advertisements are not allowed with E-mail.
Commercial advertisements are unwelcome in most UseNet discussion
groups and on most E-mail mailing lists. Inappropriate posting,
spamming or sending a message to many different off-topic
newsgroups, is particularly unethical may result in account
suspension or cancellation or legal actions. Sending a message,
especially an advertisement, is by itself spamming unless the
individuals have specifically requested to be added to a mailing
list on that topic. E-mail is a person-to-person medium, not a
broadcast medium.
7. Background Running Programs
In addition to this client agrees not to run any kind of Server
Application. Every program/script that opens a port on the shared
hosting server is considered a ‘server application’. These include
but are not limited to servers, proxies and bots. Client understands
that the services are subject to immediate termination without
compensation for non-compliance with the policies. Further, client
will be responsible for the full amount of any tangible and
intangible damages this may cause. provider reserves the right to
change the policies from time to time to reflect the dynamic nature
of the internet which are available on-line.
8. Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be
charged for all new accounts and major account changing. All pricing
is guaranteed for the term of pre-payment. HostClub
reserves the right to change prices at any time. Any account
not brought current within a week (7 days) of e-mail notice or
exceeding this time frame in any way is subjected to suspension. The
customer is responsible for all money owed on the account from the
time it was established to the time that the customer notifies us in
writing for a request for termination of services. Credit card
information is stored on file and will be auto-billed on the due
date of the account. E-mail notification will be sent to the
customer prior to the hosting renewal date.
9. Cancellation, Refund
and Non-refund Procedure
HostClub reserves the right to cancel service at any time. All
fees paid in advance will be pro-rated and paid for the execution of
the right of cancellation. Any violation of policies results in
extra costs will be billed to the customer (i.e., transfer, space
etc.). All of our web hosting plans is backed by a 30 days money
back guarantee. If you are not completely satisfied with our
services or support within the first 30 days of your contract, you
will be given a full refund of the contract amount including setup
fees but excluding overages. Domain registration fees are not
refundable at all. If the web hosting plan includes a free domain
name registration, when cancelled an amount equal to the regular
domain name registration fee will be charged. For web hosting
contracts of 3 months or less, the full contract amount less any
domain registration fees and overages will be refunded if we are
notified within the first 30 days following activation. No
refund is available after the 30th day. For web hosting
contracts longer than three months, a refund equal
to one half of the contract amount less any domain registration fees
and overages will be given if we are notified prior to the first day
of the second half of the contract term. For example, on the twelve
months contract we must receive the notice of cancellation prior to
the first day of the sixth month of the contract. No refunds will be
given once the second half of the contract term has begun. This
policy does not apply to any additional services such as overages,
additional disk space, additional pop accounts, etc. Due to security
concerns, account cancellation prayer must
be done in writing via mail or fax with a valid signature of the
primary
contact of the account, account name, reason for cancellation.
Account cancellation prayer submitted from the registered email
address of the account holder will also be accepted but the phone
requests will not. If payment was made by check or bank transfer,
refund will be made by our company check within 15 days of
cancellation.
10. Limitation of Liability
You agree that neither the primary service provider nor back-end
service provider will be liable for any (a) suspension or loss of
the services, except to the limited extent that a remedy is provided
under this agreement; (b) interruption of business; (c) access
delays or access interruptions to the web site(s) provided through
or by the services; (d) loss or liability resulting from acts of
god; (e) data non-delivery, mis-delivery, corruption, destruction or
other modification; (f) events beyond the control of the primary
service provider or back-end service provider; (g) the processing of
your application for the services; or (h) loss or liability
resulting from the unauthorized use or misuse of your account
identifier or password. You further agree that neither the primary
service provider nor back-end service provider will be liable for
any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise,
regardless of whether or not either the primary service provider or
back-end service provider have been advised of the possibility of
such damages. In no event shall the maximum aggregate liability of
either the primary service provider or the back-end service provider
exceeds the total amount paid by you for the services for a
one-month period, but in no event greater than one hundred US
dollars ($100.00).
11. Indemnification
You agree to release, indemnify, and hold the primary service
provider and back-end service provider, their contractors, agents,
employees, officers, directors and affiliates harmless from all
liabilities, claims and expenses, including attorney’s fees and
court costs, for third party claims relating to your use of the
services or arising under this agreement, including without
limitation, infringement by you or someone else using your account
or computer, of any intellectual property or other proprietary right
of any person or entity, or from the violation of any term or
condition of this agreement. When either the primary service
provider and/or back-end service provider may be involved in a suit
involving a third party and which is related to the services under
this agreement, either the primary service provider and/or back-end
service provider may seek written assurances from you in which you
promise to indemnify and hold such parties harmless from the costs
and liabilities described in this paragraph. Such written assurances
may include the posting of performance bonds or other guarantees.
Your failure to provide such assurances may be considered a breach
of this agreement by you.
You agree that the back-end service provider shall not be liable for
the actions, in-actions, negligence, or intentional misconduct of
the primary service provider. You acknowledge and agree that neither
the primary service provider nor the back-end service provider are
agents for one another. You agree that it shall defend, indemnify,
save and hold us harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney’s fees
asserted against us, our agents, our 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 customer,
it’s agents, employees or assigns. You agree to defend, indemnify
and hold us harmless against liabilities arising out of; (1) any
injury to person or property caused by any products sold or
otherwise distributed in connection with our servers; (2) any
material supplied by customer infringing or allegedly infringing on
the proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold using our servers.
12. Disclaimer of Warranties
Neither the primary service provider nor back-end service provider
makes any representations nor warranties of any kind whatsoever,
express or implied, in connection with this agreement or the
services, including but not limited to warranties of merchantability
or fitness for a particular purpose, unless such representations and
warranties are not legally excludable. You understand and agree that
any material and/or data downloaded or otherwise obtained through
the use of the service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such
material and/or data. No advice or information, whether oral or
written, obtained by you from either the primary service provider or
back-end service provider shall create any warranty not expressly
made herein. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply
to you.
13. Law Jurisdiction
Any controversy or claim arising out of or relating to this
agreement, the formation or the breach of this agreement,
including any claim based upon an alleged tort, shall be governed by
the substantive laws of Ireland. If
any provision or portion of any provision of this agreement is found
to be illegal, invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions or portions (unless otherwise
specified) thereof shall remain in full force and effect.
14. Disclosure to Law Enforcement
HostClub may disclose User information to law enforcement agencies
without further consent or notification to the User upon lawful
request from such agencies. We cooperate fully with law enforcement
agencies.
15. Changes to the Agreement or the Services
HostClub
reserves the supreme right to change, modify, add or delete or
discontinue portions of this Agreement or any aspect of the Services
at any time and You agree/bound to comply with all the above when
accessing or using HostClub
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