I don't know much about webhosting or running my own web space; so I rely on Clear-Data to do that for me. When I have problems figuring out how to set something up, they are always eager to assist.– A. Atwood

Terms of Service

Please read and agree to the following Service Agreement.

This Services Agreement (the "Terms of Service") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Clear-Data. As used in this Agreement, "Clear-Data" or "Clear-Data.com" means Clear-Data and "Client", "you", or "your" means you, the consumer. By clicking on the "Submit" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Clear-Data Website. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Clear-Data's Website" refers to the Site located at the URL http://www.clear-data.com , or any other successor Sites owned or maintained by Clear-Data. By e-mailing a notice 30 days in advance to you, Clear-Data may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of Clear-Data's services as offered by Clear-Data and used by you, including the provision of web hosting services on Clear-Data's dedicated servers and connectivity to the Internet (the "Services"). Clear-Data will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Clear-Data maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

1.2. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages, or Forums). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Clear-Data assumes no responsibility to provide you with such knowledge.

1.3. During the period that Clear-Data provides the Services to you, you hereby grant to Clear-Data a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.

1.4. For server restoration purposes only, Clear-Data makes full back-ups of websites weekly; however, Clear-Data makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of Clear-Data, Clear-Data will attempt to recover the data for no charge. Otherwise, Clear-Data will attempt to recover the data from the most recent archive for a $25 fee.

1.5. Clear-Data reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. Clear-Data will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Clear-Data's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.6. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Clear-Data is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Clear-Data will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Clear-Data has a policy of terminating account holders who are repeat copyright infringers.

2. Payment Obligations

2.1. Clear-Data will publish a notice of fee increases 30 days before such increases take. A listing of current monthly, quarterly, semi-annual and annual fees (each, a "Payment Interval") can be found at Clear-Data's Website.

2.2. You agree to provide Clear-Data with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.

2.3. You shall receive a confirmation letter via e-mail at the time Client contracts for Clear-Data's Services, which shall confirm the fees payable to Clear-Data. Thereafter, Client shall receive a monthly billing statement for the upcoming month, which shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice as set forth in Section 2.5 herein.

2.4. You are responsible for all activities and charges resulting from Clear-Data's Services. You agree to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred and set forth in the monthly billing statement. You acknowledge that no refunds will be given by Clear-Data in the event that your account is terminated for improper use of Clear-Data's Services. In the event of a breach of security, you are liable for any unauthorized use of the Clear-Data's Services until you notify Clear-Data by contacting us with your contact information.

2.5. Current rates for using the Clear-Data's Service may be obtained on our web site at www.clear-data.com. Clear-Data reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' prior notice to customer. If Clear-Data.com does not receive the full amount of Client's Clear-Data service account balance within thirty (30) days of invoice date, ( an additional 1.5% ) or highest amount allowed by law per month late charge will be added to Client's bill and shall be due and payable. Client shall also be liable for all attorney and collection fees arising from Clear-Data's efforts to collect any unpaid balance of Client's account(s) then Clear-Data may terminate Client's account immediately without further notice to Client.

2.6. You acknowledge responsibility for your account until payment in full is made.

2.7. Payment terms are net 20 days. Payments made more than 10 days after billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without further notice. A $20 reactivation fee will be charged upon reactivation of suspended or terminated accounts. Accounts paid by a returned check may be suspended until the balance is paid in full, including returned check and reactivation fees.

2.8. Returned checks and charge backs for subject to a $28.00 fine.

2.9. All balance not paid in full will be subject to a penalty ("Late Payment Fee") of 1.5% per month, or the maximum amount permitted by law until the statement is paid in full.

3. Acceptable Uses

3.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 3 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please contact us and ask first.

You are responsible for all use of your website, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically WAREZ,MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; 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; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When Clear-Data becomes aware of possible violations of this Agreement, Clear-Data may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Clear-Data's servers. Clear-Data, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD CLEAR-DATA HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY CLEAR-DATA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM CLEAR-DATA AS A RESULT OF CLEAR-DATA'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CLEAR-DATA'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

3.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Clear-Data's servers. You may not post, upload or otherwise distribute copyrighted material on Clear-Data's servers without the consent of the copyright holder.

Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

Clear-Data supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Clear-Data will not substitute itself for a court of law in deciding tort claims raised by the third party.

3.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Clear-Data by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email.

The actions stated above will not be tolerated. Should Clear-Data in its sole discretion deem that you or any other party using your account is in violation of the Acceptable Use under this Agreement, Violation will result in the immediate deactivation of services without refund of any kind and you will be subject to maximum penalties under applicable state and federal laws. As provided in United States Code Title 47 Section 227(b) (1) (C), Clear-Data will exercise action against you for liquidated damages of at least one-hundred dollars ($100) for each electronic message initiated or delivered in violation of the Acceptable Use in which you fully recognize "telephone facsimile machine" to mean any computing device capable of transmitting or receiving information in electronic format, such as a computer and modem. Further in addition to any other action available under law, Clear-Data will pursue civil action against you to recover actual monetary losses suffered by Clear-Data, or liquidated damages of fifty dollars ($50) for each electronic mail message initiated or delivered in violation under this heading, up to a maximum of twenty-five thousand dollars ($25,000) per day, whichever amount is greater.

3.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Clear-Data or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, Clear-Data reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Clear-Data will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

3.5. System Resources. System abuse includes any use of Clear-Data resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of Clear-Data's system resources is an undue burden on Clear-Data's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds 10 gigabytes over their set limit of bandwidth traffic can be terminated without prior notice.

Further, running programs in the background on a Clear-Data server without Clear-Data's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of Clear-Data's servers.

4. Clear-Data's Right to Terminate Agreement

(a) Clear-Data reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Clear-Data, in its sole discretion, believes violates this Agreement or is otherwise harmful to Clear-Data's interests or the interests of other account holders. (b) Clear-Data also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

5. Cancellation of Accounts

5.1. You may cancel your Clear-Data account by submitting a copy of your activation letter to our sales department along with a request for cancellation and the reason why, this can be done via the contact page. If you do not have a copy of your activation letter please include your: Name, Account Login, Password, and Domain Name to the above address. Charges for canceling accounts are not prorated on a monthly basis and any cancellation must be made 15 days prior to the notice.

5.2. All Clear-Data accounts must be paid in full before the cancellation will be considered complete.

5.3. If your account is suspended or terminated for any reason permitted by this Agreement, Clear-Data may, at its sole discretion, permanently delete your website contents from Clear-Data servers, and Clear-Data will not be able to reopen or restore such content.

6. Limited Warranty; Limitation of Liability; Indemnification

6.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither Clear-Data, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Clear-Data is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Clear-Data be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

6.2. Limitation of Liability. IN NO EVENT SHALL CLEAR-DATA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE CLEAR-DATA'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CLEAR-DATA'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CLEAR-DATA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLEAR-DATA.COM'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CLEAR-DATA.COM FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CLEAR-DATA'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

6.3. Indemnification. You agree to indemnify, defend and hold Clear-Data and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Clear-Data's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Clear-Data's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Clear-Data's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

7. Miscellaneous

You may not assign your rights and obligations under this Agreement without the prior written consent of Clear-Data, which may be withheld at Clear-Data's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Clear-Data to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Clear-Data of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Clear-Data. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Clear-Data and supersede and govern all prior proposals, agreements, or other communications.

By purchasing an account, you agree to be bound by and to comply with this Agreement just as if you had signed it, and your purchase is the legal equivalent of your signature on a written contract.