This Hosting Agreement between ClickExcel.com and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Click Excels's Domain, Website Development and Hosting services, and represents the entire agreement between you and ClickExcel.com concerning the subject matter hereof.
Using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services.
Limitations for Account & Termination:
Domain Redirection. You acknowledge and agree that you are not allowed to redirect domain registered on our website to other hosting provider, still if you want use other hosting providers service then you can transfer your domain to that server.
Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.
Free Products/Ad Credits. Upon termination of the Services, all free products and Ad Credits provided as part of the Services will be cancelled or revoked.
Abusive Activities: You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if we receive activities that threaten the stability of our network.
Website/Server Content: You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product.
Rules of Conduct
You acknowledge and agree that:
(i). Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
(ii). You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
(iii). You will not use this Site or the Services found at this Site in a manner (as determined by Click Excel in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Click Excel or Click Excel's Services.
(iv). You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by ClickExcel.com.
(v). You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
(vi). You will not access Click Excel Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Click Excel may designate.
(vii). You agree to back-up all of your User Content so that you can access and use it when needed. Click Excel does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
(viii). You will not re-sell or provide the Services for a commercial purpose, including any of Click Excel’s related technologies, without Click Excel's express prior written consent.
(ix). You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
(x). You are aware that Click Excel may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Click Excel, in its sole discretion, to record the entirety of such calls regardless of whether Click Excel asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which Click Excel is a party.
ClickExcel.com reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.