Club Uptime

Club Uptime, LLC
Last Modified: October 28, 2009

1. Club Uptime (the "Company" or "we") agrees to furnish web hosting services to the Customer (the "Customer" or "you") subject to the following Terms of Service and Acceptable Use Policy (collectively the "TOS" or "AUP"). Use of Club Uptime's services constitutes your acceptance and agreement to our TOS. All provisions of this contract are subject to this Terms of Service and Acceptable Use Policy. We reserve the right to change or modify this TOS, in whole or in part, without any prior notice to you. It will be the responsibility of the Customer to obtain the latest available version of the Terms of Service from our website. The Customer understands that modification to this TOS shall not be grounds for early contract termination or non-payment. As applicable, singular refers to plural, and masculine refers to feminine, and vice-versa in all parts of this TOS.
2. Definition of Terms - All hosting services provided by the Company are to be considered as shared hosting services. All Customers, both shared or reseller, are subject to the same TOS and all clauses within that TOS, unless explicitly excluded.
3. Disclosure to Law Enforcement - This TOS specifically prohibits the use of our service for illegal activity. Therefore, the Customer agrees that the Company may release any and all account information including, but not limited to, IP address usage, account history, account use, etc. to any law enforcement providing a court order and/or subpoena in regards to the specific information or any other applicable information. The Customer further acknowledges that the Company is under no obligation to obtain permission from nor notify the Customer regarding any such disclosure. In addition, Club Uptime reserves the right to terminate all service set forth in this agreement.
4. Refunds and Disputes - All payments to Club Uptime are non-refundable. This includes the one-time setup charge (if applicable) and subsequent charges or fees regardless of usage. All overcharges or billing disputes must be handled directly via the Club Uptime Billing Team within 10 days of the overcharge or dispute. Initiation of a formal complaint or chargeback for services from Club Uptime is a strict violation of this TOS. A "formal complaint" or "chargeback" shall be defined as initiation of any complaint, dispute, or chargeback with PayPal, 2CheckOut, and/or your credit card issuer. Upon receipt of a formal complaint or chargeback, Club Uptime will take immediate action against the offending account including suspension or termination at our sole discretion. Further, such a complaint or chargeback will result in deactivation of all services on your account whether you disputed one or all of the services on your account. Chargebacks will also result in being reported to debt collection agencies. You will be responsible for all debt collection fees as well as all owed fees to Club Uptime Internet Services.
5. Price Changes - Club Uptime may change their prices to the public at any time without offering compensation for current clients for price differences, greater or lower. If you have signed up for a package and the price changes within 14 business days, you are eligible for an upgrade if the plan offers greater specifications than the clients current plan.
6. Failure to Pay - In order to best manage billing, the Company does permit our customers to make payments to us via automated recurring subscriptions. If subscriptions are not chosen as payment choice, we will generate an invoice on your account approximately fifteen (14) days prior to the actual due date of your service. Within those fifteen (14) days, you must login to our Members Center at https://www.Club Uptime.com/members and pay the invoice manually. Failure to make payment on any invoice by the due date specified will result in suspension of service on the account in which is past due. Accounts suspended for non-payment are subject to a ten dollar ($10.00 USD) re-activation fee, in addition to any subsequently incurred charges or fees. Past due accounts will be kept online, in suspended status, for upto ten (10) days following an account becoming past due pending full payment of the full service amount plus any re-activation fees. If, after the ten (10) day period has expired, the account in past due status will be permanently removed from our servers, including deletion of all files, database, and any other information stored on the account. The Company reserves the right to perform said termination or removal prior to the expiration of the ten (10) day suspension period. The Company assumes no liability for any data lost resulting from termination of an account for non-payment. In the case of a reseller account, suspension or termination will apply to all accounts under the reseller account, including the Customer's main account.
7. Account Cancellation - You may cancel your web hosting services with Club Uptime at any time. Account cancellation requests must be submitted directly to our Billing Department via our online help desk located at http://www.clubuptime.com/cancel. Cancellation requests submitted outside the help desk (including instant messenger, phone, e-mail, or live chat) will be considered informal and no official action will be taken to close the account. Unless specifically instructed otherwise, account cancellations take effect immediately upon request. Account cancellation is to be defined as removal of all data from the server and cancellation of the billing account in question.
8. Uptime Guarantee - The Customer acknowledges that our service is of such a nature that interruption of service can occur for a variety of unexpected reasons. Club Uptime guarantees ninety-nine per cent (99%) network uptime for any given calendar month. In the unlikely event we fail to meet our ninety-nine per cent (99%) network uptime guarantee, a one (1) day credit will be applied to the customer's next invoice for each percent of downtime beyond the amount allowed by our guarantee, up to a maximum of five (5) days credit in any given month. It is the responsibility of the Customer to request the credit within twenty-four (24) hours of an invoice being generated on his account to receive the credit. The Customer must be active on our server during the following month to receive the credit. In no event shall the company be liable for any damages resulting from downtime or service outages beyond the scope of this guarantee.
9. Downtime Compensation - If you feel that your account has suffered an extended period of downtime and you wish to receive credit for this downtime, you may apply for an account review at http://www.clubuptime.com/credit 24 hours a day, seven days a week, and we will get back to you within two business days.
10. Support Boundaries - Club Uptime provides 24x7 technical support to our Customers (except for a few holidays and brief company meetings when we close our centers). We limit our support to our area of expertise. Club Uptime provides technical support directly related to the physical functioning of your account. We do not provide support for third-party scripts or programs, and, as such, you should refer the program's help documentation for assistance. Club Uptime provides support only to our direct Customers and therefore resellers will be responsible for providing support to their own customers. Technical support is provided via our online help desk, e-mail, and live chat support, in that order of preference. Instant messenger support is not an acceptable form of support, and customers requesting support over an instant messenger client are subject to warning or suspension at our sole discretion. Live chat support should not be used for any account-specific issues, including account suspension issues, billing questions (upgrades, downgrades, cancellations), or any issues requiring in-depth investigation. In the event a live help representative asks you to submit a ticket regarding an issue brought to them via live help, you are to do so unquestioningly.
11. Support Abuse - Abuse towards our staff will not be tolerated. If you use foul language, threaten us, or anything else we may find offensive, we reserve the right to suspend or terminate your account at our sole discretion. Per this TOS, we offer no refunds in the event a termination results from your abuse of our staff. When submitting a ticket via our online help desk, you are to specify an appropriate status for your request. Urgent status tickets are only to be used when an urgent matter is at hand, which usually includes only a service outage. Customers who submit non-urgent tickets with an urgent status are subject to having their ticket closed without reply, their account suspended, and/or upto a twenty-five dollar ($25 USD) administrative fee to cover the costs incurred by our technicians receiving pager alerts if the support desk is abused consistently. We strongly advise only submitting tickets with a maximum of high priority to avoid any problems with violating this clause.
12. Network Performance - Our services are operated on shared resources. Excessive use or abuse of these resources by one customers can have an adverse and negative effect on other customers. Misuse of resources in a manner which impairs network performance is prohibited by this policy and may result in suspension or termination of your account. You are strictly prohibited from excessive consumption of resources including CPU time, memory, disk space, and session time. You may not use resource-intensive programs which have a negative impact on other customers or the performance of our systems or networks. We reserve the right to terminate or limit such activities. We further reserve the right to suspend or terminate any account in violation of this policy.
13. SPAM and Unsolicited Commercial e-mail - Club Uptime takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. This simply means that Club Uptime's Customers may not engage in or allow for others to transact UCE. Customers may not host, or permit to be hosted, websites or information that is advertised using UCE on other networks. Violations of this policy carry severe penalties, including termination of service and a fine of a minimum of $.10 per email and a maximum of $.25 per email. In order to prevent unnecessary blacklisting due to spam, we reserve the right to sample bulk email being sent from our servers. Upon receipt of an alleged violation of our SPAM or UCE policy, Club Uptime will initiate an immediate investigation into the matter. We reserve the right to suspend the account in questions during such investigation to prevent further violations of this TOS. Violations of this policy will result in immediate termination of service without refund. If the violation is believed to be a criminal offense, we reserve the right to notify the proper law enforcement agencies as outlined in this TOS. As our Customers are ultimately responsible for their client's actions on our servers, we recommend developing a similar or stricter policy for your clients.
14. Bandwidth and Disk Usage - The Customer agrees that bandwidth and disk usage shall not exceed the maximum amount of megabytes allowed in your purchased hosting package. Club Uptime will monitor Customer's disk space and bandwidth usage. In the event that you exceed your maximum allowed bandwidth allotment, your account will be automatically suspended by the system pending your upgrade to a better plan, or the start of a new calendar month when bandwidth is reset. When a disk space overage occurs, we will notify you via e-mail of the overage and provide you twenty-four (24) hours in which to either upgrade your plan to the a better package or cut back on the space you consume. Failure to respond to our inquiries within the time period specified will result in suspension of your account.
15. Notification of Violation - Club Uptime is under no duty to monitor our Customer's activities to determine if a violation of the TOS has occurred, nor do we assume the responsibility to police Internet-related activities. In the event a user is found in violation of the TOS, we reserve the right to temporarily suspend the account in question pending a user's confirmation, in writing, to refrain from further offenses. While we make every possible attempt to contact our customers before suspending their accounts, some situations do not permit us to contact you prior to a suspension. We are under no duty to notify you of a violation of the TOS or that your account has been suspended, it is a simple courtesy to you.
16. Suspension or Termination of Service - Club Uptime reserves the right to suspend any account suspected to be in violation of the TOS. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated pending an investigation into the alleged violation. Prior notification of the Customer is not assured. In extreme cases, law enforcement officials may be contacted. Customer's will receive no credit for the time their accounts were suspended due to violations of the TOS. Club Uptime further reserves the right to terminate all service set forth in this agreement in the event of a serious or repeated violation of this TOS. Per this TOS, we offer no refunds in the case of termination.
17. Contact Information - You must provide us with, and keep current, valid contact and client profile information including full name, mailing address, city, state, postal code, country, telephone number, and e-mail address. In addition, a valid and working contact e-mail must be set in your cPanel account. Failure to acknowledge this important policy will result in suspension or termination of your account without prior notice or refund. You can update your contact information at any time by visiting http://members.clubuptime.com. If for any reason we need to contact you and are not able to do so for 14 consecutive business days due to faulty contact information, your account may be terminated without further notice.
18. Content Restrictions - In order to maintain quality and reliable service, Club Uptime is forced to restrict certain content from being hosted on our servers. We take this provision very seriously and Customers found in violation are subject to suspension or termination of service and/or administrative fees at our sole discretion.
    1. Pornographic or adult content is not allowed on our servers without previous notification to our webmaster. All parties that do so without notification will be fined a nominal fee of $75.00. All accounts that host pornographic material MUST purchase allocated IP addresses for their account on our server. This policy is strictly enforced and any users found in violation may be immediately terminated without warning. No refunds will be issued for any account termination/suspension periods.
    2. At no time shall any Customer upload or host any proxy script or program on our servers. These programs are resource intensive and can cause the server to crash. Any account found hosting a proxy script or program will be suspended without notice pending removal of the offending script. Repeat offenders may be terminated.
    3. All installed scripts and Open Source Applications must be kept up-to-date and upgraded to the latest versions. Users found running vulnerable versions of said scripts are subject to suspension of their account to avoid any possible attack on the server. We recommend installing scripts using Fantastico so that you may update your installations as updates are released.
    4. You, as Club Uptime's customer, are solely responsible for the content hosted on your account. Resellers of Club Uptime are responsible for not only their content, but the content of their clients. It is highly recommended to use a strict Terms of Service similar, or stricter, than this one.
    5. Any script found to be potentially harmful to our server will be removed. If a Club Uptime employee contacts you and requests for a file to be removed, it is to be removed immediately. The lack of removing the file may lead to your account to being suspended or terminated.
    6. You may not host the website of a web hosting company within our servers and/or network. If you have a reseller account, your account may contain websites for your, or other hosting companies.
    7. You may not provide a free web hosting service publicly from within our network. Doing so will lead to immediate account termination.
19. Limitation of Liability - Club Uptime is not responsible for any damages your business may suffer. Club Uptime does not make implied or written warranties for any of our services. Club Uptime denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Club Uptime. In no event shall Club Uptime be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to, or use of, your account. Club Uptime wishes to emphasize that in agreeing to the Club Uptime TOS, the Customer indemnifies Club Uptime for any violation of the TOS that results in loss to Club Uptime or the bringing of any claim against Club Uptime by any third-party. This means that if Club Uptime is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Club Uptime, plus all costs and attorney's fees.
20. Transfer of Rights - Under no circumstances shall the Customer transfer their rights under this TOS to any other individual or company without the direct written consent of the company. This means that you may not sell, give away, or other transfer your rights under this TOS to any other person without our permission.
21. Domain Registration and Refunds
    1. Domain Registrations are non-refundable in any situation, even if the domain was registered with a typo within the domain accidentally.
    2. Any refund for a hosting package that comes with a domain name will be refunded, less the cost of the domain name as priced by Club Uptime.
    3. Any and All information provided by the client for domain names must be accurate and kept accurate throughout the registration period. If the information is found to be false, access to the domain name will be permanently revoked with no refund provided.
22. Notification of Terms - Club Uptime is not required to notify clients of changes to these Terms of Service, Acceptable Use Policy, or Privacy Policy. Club Uptime will make an attempt to notify all clients of any changes made, but does not guarantee notification. Upon change of any terms listed above, the customer is obligated to abide by those terms set and it is the customers responsibility to periodically check the terms listed above for changes. The last date of modification is noted at the top of each document.