The following policies provide additional terms and conditions related to your QuikClicks Web hosting account. In addition to these Terms and Conditions, customers who order Web Hosting services must also comply with and accept the Quikclicks General Terms and Conditions.
Illegal Usage
QuikClicks servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Adult content by way of pornography and sex-related merchandising, Pirated software / Warez, Hackers programs or archives, MP3, IRC bots, Proxy Scripts / Anonymizers, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Quikclicks reserves the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
The subscriber to QuikClicks service agrees to indemnify and hold harmless QuikClicks from any claims resulting from the use of the service that damages the subscriber or any other party. QuikClicks will be the sole arbiter as to what constitutes a violation of this provision.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, bandwidth and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. QuikClicks shall be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting the server performance or the network integrity will be cautioned by QuikClicks. A Repeated offence may incur suspension of the account in question.
Backups & Client Responsibility
The client assumes responsibility for all backups of any content on a Quikclicks Web Hosting account including any Websites, Email or Databases.
Backups can be performed through the client’s control panel interface at any time by selecting the “Backups” option and downloading a “home directory backup” to a local computer. QuikClicks is NOT liable for any lost data, time, income or any other resource due to server downtime or failure, faulty backups or non-existent backups.
The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that has been created for them by QuikClicks. Use of QuikClicks service requires a certain level of knowledge. The client agrees that he or she has the necessary knowledge to create and maintain their own email account with the instructions provided to them upon account activation. Client agrees that it is not the responsibility of QuikClicks to provide this knowledge or support outside matter specific to QuikClicks servers.
SPAM and UCE (Unsolicited Commerce Email)
Spamming, or the sending of mass unsolicited email, from or through a QuikClicks server or using an email address that is maintained on a QuikClicks machine is STRICTLY prohibited. QuikClicks will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channelling activities through a QuikClicks server as a mail drop for responses, you are in violation. Violators may attract penalty fines and/or immediate suspension of their account. QuikClicks reserves the right to decide what it considers “SPAM” and terminate any account that violates this policy.
Server Abuse
Any attempts to undermine or cause harm to a QuikClicks server or customer of QuikClicks is strictly prohibited. Any sub-networks of QuikClicks and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.
Actions Taken by Quikclicks
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. QuikClicks will be the sole arbiter as to what constitutes a violation of the AUP. QuikClicks reserves the right to remove any account without prior notice.
When QuikClicks becomes aware of an alleged violation of its AUP, QuikClicks will initiate an investigation. During the investigation, QuikClicks may restrict a customer’s access in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, QuikClicks may, at its sole discretion, restrict, suspend, or terminate a customer’s account and/or pursue other civil remedies. If such violation is a criminal offence, QuikClicks will notify the appropriate law enforcement authorities of such violation.
QuikClicks does not issue credits for outages incurred through service disablement resulting from AUP violations. QuikClicks customers agree to indemnify and hold harmless QuikClicks from any claims resulting from the use of our services that damages them or any other party. The QuikClicks service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. QuikClicks expressly disclaims any representation or warranty that the QuikClicks service will be error-free, secure or uninterrupted. No oral advice or written information given by QuikClicks, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. QuikClicks and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Bandwidth
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer’s responsibility to ensure they do not exceed their assigned limits. Our system may automatically suspend your account for that month if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month.
Indemnity
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with QuikClicks; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a QuikClicks server. (5) Any service response times, ‘uptime’ or ‘downtime’ figures stated by QuikClicks are approximate only and QuikClicks shall not be liable for any direct or indirect loss or damage to a business or their website arising from its failure to meet such response times, howsoever occasioned.
By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Modification of Terms
QuikClicks reserves the right to add, delete, or modify any provision of this agreement at any time without notice.
