Hosting Terms of Service
InfoClear Internet Consulting/InfoClear Hosting reserves the right to change this Policy any time, so please, check this page frequently or when in doubt. InfoClear Internet Consulting/InfoClear Hosting's Policies, Guidelines, and Disclaimer are intended for all domains residing on InfoClear Internet Consulting servers. By using our web hosting services, you agree to comply with our policies. InfoClear Internet Consulting/InfoClear Hosting has a zero-tolerance policy with regard to all Unacceptable Content and Behavior and no exceptions will be made to these policies. InfoClear Internet Consulting strives to provide the best possible service to all our customers, and therefore, we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These policies are imposed to protect you, and other InfoClear Internet Consulting/InfoClear Hosting customers and us against such harm.
Age Restrictions
The client must be 18 years of age to obtain our services. If you are under the age of 18, you must have a parent or legal guardian obtain services for you.
Payment Policies
Full payment is required before any hosting service is rendered,
which includes renewals. InfoClear Internet Consulting/InfoClear Hosting will accept
Visa, Mastercard, Discover, AMEX, PayPal, and Check. If paying by
credit card, the card that you use to activate your account will
be automatically charged each month, unless you have chosen to pay
for multiple months. Prepayment is due each anniversary (monthly
or annual) following the date the account was established. Billing
will continue until you cancel your hosting account.
All payment-due notices will be sent by electronic mail. No bills
or invoices will be sent by postal mail or fax. Prepayment is due
each anniversary (one month, one year) following the date the account
was established. Billing will continue until you cancel your hosting
account. You may cancel at any time. As a policy, we do not offer
credits or refunds for hosting time already expended unless you
are within the thirty day money back guarantee. If cancellation
is made by InfoClear due to a policy violation, there will be no
refund. Additional features can be added at any time. Monthly features
are not prorated. InfoClear Internet Consulting/InfoClear Hosting reserves the right
to change prices at any time.
All past due accounts will be placed with collections and any additional fees will be the responsibility of the client and may be reported to the appropriate credit reporting agencies if left uncollected.
Cancellation Policy
To cancel your service, you must send your request to .
There are no refunds after 30-days.
Notification of cancellation must be received at least ten business
days prior to your cycle date, with the cycle date being the day
of the month you sign up, in order to avoid charges in full for
the next cycle. It is the Client's responsibility to secure email
confirmation from InfoClear that the account has been cancelled.
If the Client has not yet received email confirmation of account
cancellation, then the account remains active, and you will continue
to be invoiced.
If the account has a balance due at the time of cancellation, this balance must be paid in full before the account can be cancelled. Cancellation does not absolve the account holder of any outstanding financial obligations. Billing for the account will continue until the balance is paid in full.
InfoClear Internet Consulting/InfoClear Hosting's services are independent of account usage and domain name records, and are still in effect whether the account holder's domain is pointing to InfoClear Internet Consulting/InfoClear Hosting's nameservers or to some other nameservers. If the account holder transfers a domain without properly notifying InfoClear Internet Consulting, they will continue to be charged/billed until the cancellation guidelines have been followed. In other words, until you have notified InfoClear Internet Consulting/InfoClear Hosting of your cancellation, we are still providing your account with our services and you will be billed for same.
If you have any questions regarding this policy, please contact us at billing@infoclearhosting.com.
Chargebacks
If you have a question about charges made to your account, please
contact us immediately. If the charges were made in error, we will
immediately credit your account or credit card account for the appropriate
amount.
If you dispute the credit card charge that we charge for our services,
we reserve the right to suspend your account as soon as we are informed
of it. Undeserved chargebacks for services received are considered
theft and it hurts businesses and raises prices for consumers.
Please do not request chargebacks until you have spoken with our
billing department. There is a $50.00 fee for chargebacks. Any chargeback
fees, past due fees and costs will be sent to collections. If our
collection efforts fail, unpaid debts WILL be reported to all available
credit reporting agencies and Host Abuse.
Indemnification Policy
You agree to use all InfoClear services and facilities at your own risk. InfoClear Internet Consulting/InfoClear Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall InfoClear Internet Consulting/InfoClear Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold InfoClear Internet Consulting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against InfoClear Internet Consulting/InfoClear Hosting, its agents, its customers, 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. Customer agrees to defend, indemnify and hold harmless InfoClear Internet Consulting/InfoClear Hosting against liabilities arising out of:
1. any injury to person or property caused by any products sold
or otherwise distributed in connection with a InfoClear Internet
Consulting account;
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 customer from an InfoClear Internet
Consulting server.
InfoClear Internet Consulting/InfoClear Hosting will be the sole arbitrator of what violates this Policy.
Email Policy
InfoClear Internet Consulting/InfoClear Hosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 30 email addresses or more than 10 news groups. Client is responsible for keeping email storage on hosting account below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora.
Spam Policy
InfoClear Internet Consulting/InfoClear Hosting is committed to a zero-tolerance,
anti-Spamming policy. Under this policy, we prohibit Spam, or
any unsolicited commercial email, from being sent either: Over the
InfoClear Internet Consulting/InfoClear Hosting network, by customers or any other
users of the InfoClear Internet Consulting/InfoClear Hosting network; AND/OR over
ANY network--if the message sent advertises or mentions a site hosted
on the InfoClear Internet Consulting/InfoClear Hosting server.
We react quickly and seriously to violations, and we further reserve
the right to terminate the services, without prior notice, of any
customer disregarding this policy. Sending unsolicited commercial
email (a.k.a. "spam"), cross-posting messages to a large
number of usenet groups, posting obscene or threatening messages
while using or referring to an InfoClear Internet Consulting/InfoClear Hosting email
address or web site URL is prohibited. The use of InfoClear Internet
Consulting servers as a mail drop for responses to activities described
above is also prohibited. Accounts cancelled due to spam will be
billed a "clean up" fee of a maximum of $1000.
Content and Use of Services
InfoClear Internet Consulting/InfoClear Hosting's services may be used for lawful
purposes only. Transmission, distribution or storage of any material
in violation of any applicable laws or regulations are prohibited.
Linking to illegal material is also prohibited.
Examples of illegality, unacceptable content, links and behaviors
include but are not limited to:
- Pirated software, pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators)
- Hacker programs or archives
- Warez sites
- Pornography and sex-related merchandising; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person
- Schemes to defraud
- Threatening bodily harm or damage to individuals or groups
- Violating U.S. export restrictions
- Stalking
- Spamming - (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups)
- Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message
- Trolling (posting controversial messages in newsgroups to generate responses)
- Mailbombing (inundating a user with email without any serious intent to correspond)
- Subscribing someone else to an electronic mailing list without that person's permission
- Distribution of mass emailing programs
- Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
- Attempt to circumvent any user authentication or security of host, network, or account
- Accessing data not intended for user
- Probing the security of any network
- Promulgation of viruses
- IRC bots such as eggdrop or BitchX
- Or violating other state or federal laws, including the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.
InfoClear Internet Consulting/InfoClear Hosting does not host sites of its competitors
or web pages promoting sites of its competitors. Any violation of
these policies may result in immediate account termination or suspension
without prior notification and without any refunds. Any client who
violates our policies will be held responsible for any and all damages
to InfoClear Internet Consulting/InfoClear Hosting and may be charged a fee for any
necessary repairs or clean ups. InfoClear Internet Consulting/InfoClear Hosting will
be the sole arbiter as to what constitutes a violation of this provision.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to InfoClear Internet Consulting/InfoClear Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be given in this case.
Traffic/Bandwidth/Data Transfer
You will be charged for all transfer that you use beyond our data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel, and you can have us notify you you when you are nearing your limit by going to Account Management in your Control Panel and setting up notification.
Backups
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of InfoClear Internet Consulting/InfoClear Hosting, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, InfoClear Internet Consulting/InfoClear Hosting will attempt to recover the data from the most recent archive for a $100.00 fee.
Account Ownership
InfoClear Internet Consulting/InfoClear Hosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number, name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.
Limitation of Liability
InfoClear Internet Consulting/InfoClear Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from InfoClear Internet Consulting/InfoClear Hosting's servers going off-line or being unavailable for any reason whatsoever. Further, InfoClear Internet Consulting/InfoClear Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of InfoClear Internet Consulting’s servers. All damages shall be limited to the immediate termination of service.
- InfoClear Internet Consulting/InfoClear Hosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
- InfoClear Internet Consulting/InfoClear Hosting reserves the right to terminate an account at any time and for any reason that causes harm to any InfoClear Internet Consulting customer's web sites. InfoClear Internet Consulting/InfoClear Hosting reserves the right to delete all content and files upon termination.
- InfoClear Internet Consulting/InfoClear Hosting reserves the right to withhold any prepaid funds for any site removed for violations of these policies.
- InfoClear Internet Consulting/ InfoClear Hosting reserves the right to refuse, cancel, or suspend service at our sole discretion.
InfoClear Internet Consulting/InfoClear Hosting reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. Violations of these Policies should be referred to abuse@infoclearhosting.com All complaints will be investigated promptly.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
