Terms of Service Agreement

Last Updated: November 1, 2013

Terms Of Service

Modification

HostClearly reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed HostClearly may reasonably make to this agreement when such changes are made. If you have purchased services or software from HostClearly, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.


Satisfaction Guaranteed

60-Day Guarantee Shared and Reseller Accounts If for any reason you are unhappy with the services you receive from HostClearly during the first 60 days of service, you may request in writing via email or by our cancellation form that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request from any cancellation). We are the sole arbiters as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. Please note that all domain registration and software is NON-refundable.


New Accounts

All new web hosting account purchase on our order form are set up within 24 hours by our account executives. You will receive (2) emails including details after your purchase for login. Due to unforeseen complications with various mail servers and any connection problems between your ISP and HostClearly, this processed may be delayed.


Domain Names and Domain Transfers

In order for you to point your domain name to HostClearly servers your new account is located on, you must change your DNS at your registrar. These DNS details are located within your client account information email. Please note: Our DNS are unique to each server so if you sign up for one account and then a few months late you sign up again you may have different name servers than previously.

Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to HostClearly.com and away from your original registrar. A domain transfer is $15.99 and that goes towards one year of registration added on to your current registration period with the previous registrar. HostClearly will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domains names.

HostClearly does not take responsibility for failing to renew domain names. Please note that domain registration is irreversible. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk, or hosting is renewed with domain name charge. If you have any questions at all about DNS change or domain names in general, please open a ticket at our helpdesk.


Content

HostClearly.com believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if HostClearly is made aware of any questionable content on a HostClearly hosted website, we will address the concern immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a HostClearly server that copyrights their own material or that they wish to be removed, we require a proper DCMA notice to begin investigation.


Liabilities

HostClearly.com makes no endorsement, claims, or promises regarding the service offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall HostClearly.com, be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer website. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.


Hosting Package Modifications

We are always evolving to stay competitive in our market so, in the future, if modifications are made to your respective plan’s specifications and/or price, the change will not automatically take effect on your plan. It is the sole responsibility of the client to request any updates or modifications to a plan.


Registrant Rights & Responsibilities

By registering your domain with HostClearly.com, you agree to the Registrant Rights a& Responsibilities as outlined by ICANN.


Payments and Agreement to Pay

As consideration for the software or services purchase by you and provided to you by HostClearly, you agree to pay HostClearly at the time of order. All fees are due immediately and are non-refundable unless otherwise stated, even if your services are suspended, terminated, or transferred prior to the end of the services term. HostClearly.com reserves the right to modify pricing through email notification and/or notice on its website. You may make payment by providing either a valid credit card or Paypal email address.

Shared hosting, reseller hosting, dedicated servers and other service are all billed on the same date of purchase every month. HostClearly.com will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with HostClearly.com at HostClearly.com’s current rates.

If for any reason, HostClearly.com is unable to charge your payment method for the full amount owed, or if HostCearly is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that HostClearly may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or service registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that HostClearly shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all service that have been rendered on your behalf until a termination of service has been officially received from the accountholder of services.


Late Payments

If at any time, your hosting services become past due, you will receive a notification via email with instructions on rectifying the situation. Please note that HostClearly.com holds the right to deny all services to clients with past due balances. This may or may not affect clients with multiple accounts, as a past due balance, regardless of which individual package it applied to, will cause interruption in all services provided by HostClearly.com.

Shared/Reseller Accounts 7 days past due will be assessed a late fee of $10.00 to reactivate their service.

VPS Accounts 4 days past due will be assessed a $15.00 late fee to reactivate service.

If an account holder submits a bank assisted dispute for services rendered, their account will be de-activated within 48 hours if the payment issue has not been recovered. A $50 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards, debit cards, or PayPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Please note that HostClearly.com holds the right to deny access to and/or reactivate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR BILLING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK. (http://my.hostclearly.com)


Refunds

All shared and resller web hosting services include a money back guarantee in your first 60 days of service. Under any circumstance if you are unhappy with your service please open a support ticket and ask if we can cancell your account and you will be refunded. This refund policy is void if you have violated any terms of service policy or have had an account with us prior to this. Account credits added to accounts may not under any circumstances be refunded to you for any cash vaule. VPS and dedicated servers are not under any curcumstances a refundable service. Please note that if you request a refund after day 30 you will only recieve one 30 day refund and not both.


Overage Charges

Our service plans are designed to accommodate the majority of usage seniors given the needs of our customer. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. Bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.


Cancellations

Shared/Reseller/Dedicated/VPS Accounts – if you wish to cancel your services, you must complete the cancellation form in the client area. You must confirm that you are cancelling your service or you will be held liable for any charges that were invoiced to you.

If you cancel your account and your payment still continues to recur for any reason as fault by us or your card provider we are to be held free of liability for any overdraft fees that are issues for your financial institution.

Refunds/Account Termination If, for any reason, HostClearly fails to deliver said services to you, a refund will be issue within your first 30 days of hosting. No refunds will be issued if abuse of our stated polices force HostClearly to suspend or terminate your services prematurely. In the even you request your account cancellation, once your service has been cancelled your account will be suspended from use. It will be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.


Bandwidth Usage Policy

All dedicated servers are given access to bandwidth graphs, which are updates in five minute intervals. These graphs are located in the client area. All bandwidth billing is exclusively calculated base on the graphs provided.

All service plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overages exceeding 4.5 Mbps base on the 95th percentile metering. In accordance of these terms of service, you are liable and agree to pay such overages at the rate of $75 per 1Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $75.00/mbps = $37.50
If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.


cPanel Transfers

HostClearly provides free cPanel account transfers for all new accounts (less than 30 days from sign-up date). Transfer request submitted after this 30-day period are subject to transfer fees of up to $5 per account base on the source account size. Please contact a member of our sales team for more information. All transfers from remote networks are not guaranteed. There are many factors that can affect remote transfer that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, and corrupted source account data.) We can only promise that we will make our best effort to transfer your data to our servers. If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself. We also cannot be held responsible for the integrity of your transferred data.

Source Server Requirements:
· Active cPanel license
· Recent stable version of cPanel
· Perl 5.8.8
· MySQL 4 or later (Note: All servers/accounts come with MySQL 5. Please ensure the database compatibility before submitting request.)


If you have any questions or concerns about our Terms Of Service Agreement please email us at Abuse@HostClearly.com and we will get back to you as soon as possible.


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