1) Account Setup / Email on file
We will setup your account right after we have received payment and our payment partner have screened the order in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is up to date at all times.
If you have a domain name registered with Hostclipse, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Hostclipse is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of
your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase.
If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
We will make every effort to help you move your site to Hostclipse. However,
transfers are provided as a courtesy service, and we can guarantee the availability or time required to complete a transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult (sometimes not possible) to migrate some or all account data.
Free account transfer is available for 60 days from your sign up date. Transfers outside of the 60 day free period will incur a small fee;
2) Content
The customer agrees to indemnify and hold Hosclipse harmless from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared account as a backup device is not allowed, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on our servers include:
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Hostclipse may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled),
with or without notice.
If in doubt regarding the acceptability of your site or service, please contact us at support@hostclipse.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of
credentials such as user name and password. It is required that you use a secure password.
3) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who
sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups.
4) Payment Information
You agree to supply appropriate payment for the services received from Hostclipse, in advance of the time period during which such services are provided. You agree that until and unless you notify Hostclippse of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Hostclipse, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
It is the customer's responsibility to notify our sales team via email at support@hostclipse.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Hostclipse cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Hostclipse reserves the right to change the monthly payment amount and any other charges at anytime.
5) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy.
6) Cancellations and Refunds
Hostclipse reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Hostclipse gives you an unconditional 45 day money back guarantee on our hosting services for any customer who paid the first invoice with with Paypal.
Cancellations requested after the initial 45 days will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 45 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you
will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7) Uptime Guarantee
If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Hostclipse dependent upon justification provided. Third party monitoring
service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime
from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@hostclipse.com with justification.
8) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on hostclipse.com, and the right to increase the amount of resources given to plans at any time.
9) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
9) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Hostclipse harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted
against Hostclipse. Customer agrees to defend, indemnify and hold harmless Hostclipse against liabilities arising out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Hostclipse; (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 to customers from Hostclipse's server.
10) Disclaimer
Hostclipse shall not be responsible for any damages your business may suffer. Hostclipse makes no warranties
of any kind, expressed or implied for services we provide. Hostclipse disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions caused by Hostclipse
11.) Changes to the TOS
We reserve the right to revise its policies at any time without notice.