UNIVERSAL TERMS OF SERVICE AGREEMENT
Last Revised: 25-04-2020
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service Agreement got into by and between HostingClown.com and you, and is made effectual as of the date of your use of this website or the date of electronic receiving. This Agreement sets all-purpose terms and conditions of your use of the Site’s products and services acquired or accessed through this Site (individually and collectively). Service agreement and policies apply to definite Services and are in addition to this Agreement.
The terms “we”, “us” or “our” shall refer to Hosting Clown. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to award any third-party rights or benefits.
MODIFICATION OF AGREEMENT, SITE OR SERVICES
HostingClown.com may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to this, Agreement, do not use (or continue to use) this Site or the Services.
In addition, HostingClown.com may occasionally inform you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. HostingClown.com assumes no legal responsibility for your failure to receive an email notification if such failure results from an inexact email address. In addition, HostingClown.com may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You.
In order to access some of the features of HostingClown.com, you will have to create an Account. You represent and warrant to HostingClown.com that all information you submit when you create your Account is correct, up to date and complete, and that you will keep your Account information correct, up to date and complete. If HostingClown.com has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, HostingClown.com reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
GENERAL RULES OF CONDUCT
You accept and agree that:
i. Your use of HostingClown.com including any content you submit, will fulfill with this Agreement,
any applicable Services Agreement or policy that may apply to your Services 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 in a manner (as determined by HostingClown.com in its sole and absolute discretion) that:
• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
• 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;
• Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or
facilitates prostitution and/or sex trafficking;
• 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
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding HostingClown.com Services.
iv. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by HostingClown.com.
v. You will not modify or alter any part of this Site or the Services found at this Site or any of its
vi. You will not access HostingClown.com Content (as defined below) or User Content through any
technology or means other than through this Site itself, or as HostingClown.com may designate.
vii. You agree to back-up all of your User Content so that you can access and use it when needed.
HostingClown.com 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 HostingClown.com related technologies, without HostingClown.com express prior written consent.
ix. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any HostingClown.com Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the HostingClown.com Content or the User Content therein.
x. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
xi. You are aware that HostingClown.com may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations there under, including, where permissible, to record the entirety of such calls regardless of whether
HostingClown.com 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 as evidence in any legal proceeding in which Hosting Clown is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Hosting Clown that may be initiated by an automatic telephone dialling system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Hosting Clown. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Hosting Clown that may be sent by an automatic telephone dialling system. You understand that providing consent is not a condition of purchasing any good or service from Hosting Clown. Message and data rates may apply.
xii. Without limiting any of the rights set forth elsewhere in this Agreement, Hosting Clown expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Hosting Clown policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Hosting Clown in its sole and absolute discretion).
PROTECTION OF YOUR DATA
Hosting Clown offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Hosting Clown’s Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Covered Services, meets with compliance under applicable data privacy laws. For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the DPA, please send an email request to privacy@ hostingclown.com.
Covered Services, as defined in this Section and in the DPA, include hosted services that are subject tothe terms and conditions of the following Agreements: (1) Domain Name Registration, (2) Email Marketing Services, (3) Websites + Marketing, (4) Hosting, (5) Logo Designing, (6) Online Store/Quick Shopping Cart, (7) Game Developing and (8) Website Builder Services.
Some of the features of this Site or the Services, including those Services that are hosted with Hosting Clown, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Hosting Clown that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Hosting Clown to treat your User Submissions as confidential or secret, that Hosting Clown has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Hosting Clown may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Hosting Clown shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Hosting Clown generally does not pre-screen User Content (whether posted to a website hosted by Hosting Clown or posted to this Site). However, Hosting Clown reserves the right (but undertakes duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Hosting Clown may remove any item of User Content (whether posted to a website hosted by Hosting Clown or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Hosting Clown in its sole and absolute discretion), at any time and without prior notice. Hosting Clown may also terminate a User’s access to this Site or the Services found at this Site if Hosting Clown has reason to believe the User is a repeat offender. If Hosting Clown terminates your access to this Site or the Services found at this Site, Hosting Clown may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy. Price Changes. Hosting Clown reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card, (ii) Paypal (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal, (v) International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.
Refunds Issued. You agree that where refunds are issued to your Payment Method, issuance of a refund receipt is only confirmation that Hosting Clown has submitted your refund to the Payment Method charged at the time of the original sale, and that Hosting Clown has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Hosting Clown, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a Hosting Clown check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. Hosting Clown also has the right to offer an in- store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the
Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.
Auto-Renewal Terms. Other than as required by applicable law, Hosting Clown does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your Hosting Clown account.
EXPIRED DOMAIN NAME PURCHASES
For expired domains names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close. If we are unable to collect payment, you may lose the rights to purchase the domain name.
ADDITIONAL RESERVATION OF RIGHTS
Hosting Clown expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Hosting Clown in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Hosting Clown in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Hosting Clown, its officers, directors, employees and agents, as well as Hosting Clown and its affiliates, including, but not limited to, instances where you have sued or threatened to sue Hosting Clown, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Hosting Clown’s business, operations, reputation or shareholders.
Hosting Clown expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. Hosting Clown expressly reserves the right to terminate, without notice to you, any and all Services where, in Hosting Clown its sole discretion, you are harassing or threatening Hosting Clown and/or any of Hosting Clown and its employees.
TRADEMARK AND/OR COPYRIGHT CLAIMS
Hosting Clown supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Hosting Clown’s Trademark and/or Copyright Infringement Policy referenced above.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Hosting Clown. Hosting Clown assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Hosting Clown does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Hosting Clown from any and all liability arising from your use of any third- party website. Accordingly, Hosting Clown encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
COMPLIANCE WITH LOCAL LAWS
Hosting Clown makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or a jurisdiction where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.