Terms of Service
1. Parties
This agreement is between HostClub (HostClub .co.uk /HostClub .ie provider / we / our /us) and the party as specified in the on-line application (User / client / customer / you / your). Hosting services may also be provided by a company associated with HostClub
2. Usage Policy
We reserve the right to refuse service to anyone or to suspend or cancel a customer’s access to any or all service we provided when we decide that the account has been inappropriately used. In short, we do not allow certain activities hosted on our servers: No adult content, No pornography, No satanic materials, No online gambling, No spam, No unsolicited e-mailing, No warez / cracks / copyright infringement etc. Transmission of any material in violation of any people’s republic, federal, provincial or local law and regulations is strictly prohibited. We expressly forbid you or anyone from using our servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene material, or any other material (as such described above) which we deem to be objectionable
3. Server Abuse
Any attempt to undermine or cause harm to a server, or customer of ours is strictly prohibited and will result in legal actions against the abuser.
4. Unauthorized Use of Other People’s Accounts or Computers
We will strongly react to any use or attempted to use of an internet account or computer without the owner’s authorization. Such attempts include internet scamming (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker, such as warnings, account suspension or cancellation and civil or criminal legal actions
5. Abuse of Unlimited Traffic and / or Unlimited Storage
If one of our hosting plans offers unlimited traffic and/or unlimited storage for the client web sites, the intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All web pages (html) of clients must be linked with files (gif, jpeg etc.) stored on our server. Websites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. To maintain the integrity of our services the following limitations are applicable to such hosting plans: Sites with banners, graphics or CGI scripts running from their domain used on other domain,
Sites with picture galleries (this is any site where 50% of the files transferred is graphics),
Sites offering download files or archives (this is any site where more than 50% of the monthly traffic is from file downloads). HostClub will be the sole arbiter as to what constitutes a violation of this provision. The maximum storage file limit is 50,000 (fifty thousand ) per accounts .
6. Commercial Advertisements with E-mail
Unsolicited commercial advertisements are not allowed with E-mail. Commercial advertisements are unwelcome in most UseNet discussion groups and on most E-mail mailing lists. Inappropriate posting, spamming or sending a message to many different off-topic newsgroups, is particularly unethical may result in account suspension or cancellation or legal actions. Sending a message, especially an advertisement, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
7. Background Running Programs
In addition to this client agrees not to run any kind of Server Application. Every program/script that opens a port on the shared hosting server is considered a ‘server application’. These include but are not limited to servers, proxies and bots. Client understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, client will be responsible for the full amount of any tangible and intangible damages this may cause. provider reserves the right to change the policies from time to time to reflect the dynamic nature of the internet which are available on-line.
8. Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changing. All pricing is guaranteed for the term of pre-payment. HostClub reserves the right to change prices at any time. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subjected to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. Credit card information is stored on file and will be auto-billed on the due date of the account. E-mail notification will be sent to the customer prior to the hosting renewal date.
9. Cancellation, Refund
and Non-refund Procedure
HostClub reserves the right to cancel service at any time. All fees paid in advance will be pro-rated and paid for the execution of the right of cancellation. Any violation of policies results in extra costs will be billed to the customer (i.e., transfer, space etc.). All of our web hosting plans is backed by a 30 days money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount including setup fees but excluding overages. Domain registration fees are not refundable at all. If the web hosting plan includes a free domain name registration, when cancelled an amount equal to the regular domain name registration fee will be charged. For web hosting contracts of 3 months or less, the full contract amount less any domain registration fees and overages will be refunded if we are notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than three months, a refund equal to one half of the contract amount less any domain registration fees and overages will be given if we are notified prior to the first day of the second half of the contract term. For example, on the twelve months contract we must receive the notice of cancellation prior to the first day of the sixth month of the contract. No refunds will be given once the second half of the contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc. Due to security concerns, account cancellation prayer must be done in writing via mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. Account cancellation prayer submitted from the registered email address of the account holder will also be accepted but the phone requests will not. If payment was made by check or bank transfer, refund will be made by our company check within 15 days of cancellation.
10. Limitation of Liability
You agree that neither the primary service provider nor back-end service provider will be liable for any (a) suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; (b) interruption of business; (c) access delays or access interruptions to the web site(s) provided through or by the services; (d) loss or liability resulting from acts of god; (e) data non-delivery, mis-delivery, corruption, destruction or other modification; (f) events beyond the control of the primary service provider or back-end service provider; (g) the processing of your application for the services; or (h) loss or liability resulting from the unauthorized use or misuse of your account identifier or password. You further agree that neither the primary service provider nor back-end service provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service provider or back-end service provider have been advised of the possibility of such damages. In no event shall the maximum aggregate liability of either the primary service provider or the back-end service provider exceeds the total amount paid by you for the services for a one-month period, but in no event greater than one hundred US dollars ($100.00).
11. Indemnification
You agree to release, indemnify, and hold the primary service provider and back-end service provider, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to your use of the services or arising under this agreement, including without limitation, infringement by you or someone else using your account or computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When either the primary service provider and/or back-end service provider may be involved in a suit involving a third party and which is related to the services under this agreement, either the primary service provider and/or back-end service provider may seek written assurances from you in which you promise to indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Your failure to provide such assurances may be considered a breach of this agreement by you.You agree that the back-end service provider shall not be liable for the actions, in-actions, negligence, or intentional misconduct of the primary service provider. You acknowledge and agree that neither the primary service provider nor the back-end service provider are agents for one another. You agree 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, our agents, our 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, it’s agents, employees or assigns. You agree 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 our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold using our servers.
12. Disclaimer of Warranties
Neither the primary service provider nor back-end service provider makes any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from either the primary service provider or back-end service provider shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Law Jurisdiction
Any controversy or claim arising out of or relating to this agreement, the formation or the breach of this agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Ireland. If any provision or portion of any provision of this agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
14. Disclosure to Law Enforcement
HostClub may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
15. Changes to the Agreement or the Services
HostClub reserves the supreme right to change, modify, add or delete or discontinue portions of this Agreement or any aspect of the Services at any time and You agree/bound to comply with all the above when accessing or using HostClub
