2ClickHere.com ("2ClickHere.com") agrees to furnish services to the Customer, subject to the following TOS (Terms of Service).
Use of 2ClickHere.com Service constitutes acceptance and agreement to 2ClickHere.com's AUP (Acceptable Use Policy) as well as 2ClickHere.com's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of 2ClickHere.com, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of 2ClickHere.com. Customer understands that change to the AUP by 2ClickHere.com 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 state of Florida, County of Orange City applicable to contracts enforceable in that state. Venue will be Orange City, Florida.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that 2ClickHere.com may disclose any and all Customer 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 Customer. In addition 2ClickHere.com shall have the right to terminate all service set forth in this Agreement.
Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that 2ClickHere.com may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon 2ClickHere.com achieving and maintaining its cost of service goals including but not limited to rates charged to 2ClickHere.com by its suppliers.
Establishment of this service is dependent upon receipt by 2ClickHere.com of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge for all shared hosting accounts. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by 2ClickHere.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay 2ClickHere.com a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes:
All payments to 2ClickHere.com, are nonrefundable unless otherwise specified at, or prior to, the time of purchase.. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in 2ClickHere.com's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay 2ClickHere.com an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay:
2ClickHere.com may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to billing@2ClickHere.com. You must have all account information to cancel.
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of 2ClickHere.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that 2ClickHere.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of 2ClickHere.com. Customer further acknowledges that 2ClickHere.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall 2ClickHere.com be liable for any special or consequential damages, loss or injury.
New Domain Accounts:
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 3 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by 2ClickHere.com, on behalf of the account holder a handling fee will be incurred.
Transfer of Domains:
New web hosting accounts which involve the transfer of a domain from another provider to 2ClickHere.com, will require a minimum of 24 hours to be set up and entered into our DNS servers. In some rare cases, such transfers may take up to 3 (three) business days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by 2ClickHere.com, on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
2ClickHere.com, provides 24x7 technical support to our Customers. The following is our guidelines when providing support:
2ClickHere.com provides support related to your server or virtual site physical functioning. 2ClickHere.com does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue.
2ClickHere.com does not provide technical support for YOUR customers.
If you have questions regarding your hosting account, the answers may be on our support site at http://support.2clickhere.com/ - we encourage you to check there first. Lastly, the help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE):
2ClickHere.com 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 2ClickHere.com may not use or permit others to use our network to transact in UCE. Customers of 2ClickHere.com 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.
Violation of 2ClickHere.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, 2ClickHere.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, 2ClickHere.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, 2ClickHere.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, 2ClickHere.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. 2ClickHere.com will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" not to exceed $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" not to exceed $500 and 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 $175 per hour that 2ClickHere.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the 2ClickHere.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their hosting account immediately removed from our network without notice.
2ClickHere.com domain hosted accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in immediate termination of your account without warning.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of 2ClickHere.com systems or networks. 2ClickHere.com reserves the right to terminate or limit such activities.
IP Address Ownership:
If 2ClickHere.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to 2ClickHere.com, and Customer shall have no right to use that Internet Protocol address except as permitted by 2ClickHere.com in its sole discretion in connection with the Services, during the term of this Agreement. 2ClickHere.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by 2ClickHere.com, and 2ClickHere.com 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.
Disk Space & Bandwidth Allocation
2ClickHere.com allots server space for your domain hosted account. We add server space continually as it's used and have 5,000MB to 15,000MB free on our servers, as the server space is used by the domain accounts on the servers we have the ability to add more server space and remove older log files to free space on our servers.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). 2ClickHere.com will monitor Customer's bandwidth and disk usage. 2ClickHere.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in 2ClickHere.com's sole and absolute discretion. If 2ClickHere.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, 2ClickHere.com may, at its sole discretion, collect a deposit, in an amount determined by 2ClickHere.com, against customer's credit card on file with 2ClickHere.com.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the 2ClickHere.com network. Violations of system or network security may result in civil or criminal liability. 2ClickHere.com 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:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
It is the clients responsibility to do all back ups of their site. If, in the unfortunate event, something happens to your files, it is your responsibility to have a local copy of your files. 2ClickHere.com is NOT held liable in any way for any files, money, time, effort, etc... lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises what so ever about whether the files will be brought back successfully or not. Again, back ups are the client's responsibility.
IRC & Server Processing
We currently do not allow IRC or IRC bots to be operated on our servers.
We currently do not allow eggdrops to be operated on our servers.
We currently do not allow BNC to be operated on our servers.
Notification of Violation:
2ClickHere.com 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.
First violation: Any User, which 2ClickHere.com 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 2ClickHere.com's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that 2ClickHere.com 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.
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.
Suspension of Service or Cancellation:
2ClickHere.com reserves the right to suspend network access to any customer if in the judgment of the 2ClickHere.com 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 2ClickHere.com 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.
2ClickHere.com wishes to emphasize that in agreeing to the 2ClickHere.com Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies 2ClickHere.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to 2ClickHere.com or the bringing of any claim against 2ClickHere.com by any third-party. This means that if 2ClickHere.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against 2ClickHere.com, plus all costs and attorney's fees.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by 2ClickHere.com of any breach of any provision of this Agreement by Customer 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.
Customer shall not transfer or assign this Agreement without the prior written consent of 2ClickHere.com. 2ClickHere.com may assign Agreement at anytime without consent from or notice to Customer. 2ClickHere.com reserves right to cancel customers rights under this contract at anytime without further obligation.
2ClickHere.com takes no responsibility for any material input by others and not posted to the 2ClickHere.com Network by 2ClickHere.com. 2ClickHere.com is not responsible for the content of any other websites linked to the 2ClickHere.com Network; links are provided as Internet navigation tools only. 2ClickHere.com 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.
2ClickHere.com is not responsible for any damages your business may suffer.
2ClickHere.com does not make implied or written warranties for any of our services.
2ClickHere.com 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 2ClickHere.com.
It is absolutely forbidden to host pornographic content or IRC servers on shared hosting. Shared hosting accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as 2ClickHere.com's customer, are solely responsible for the content stored on and served by your 2ClickHere.com hosting account.