TOS

ClamHost Terms of Service

Terms of Service

This HOSTING Agreement (this "Agreement") is between ClamHost, a General Partnership business formed under the laws of the State of Texas (ClamHost) and the person (individual or legal person) whose signs ClamHost's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of ClamHost's HOSTING service.

1. Services

Subject to the terms of this Agreement, and contingent on Customer's satisfaction of ClamHost's credit approval requirements, ClamHost agrees to provide the HOSTING services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that ClamHost generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless ClamHost or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments (Shared and Reseller Hosting)

  • (a) Recurring Fees
    • Renewal notices are emailed 7 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on the day your renewal notice is sent. (ie. Your renew date is May 22nd, your invoice will be sent on May 20th and your card on file will be charged May 20th) If your billing method is Paypal you will need to manually pay your invoice every month. Service will be made inactive on accounts that are not paid by the due date at 12 PM EST. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. ClamHost reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment are subject to a $10.00 late payment fee. As such all customers agree to all price fluctuations. If they dislike them,the client has the right to cancel. No refunds outside of the 30 day money back guarantee, same for annual, quarterly, semi-annually, or monthly.

  • (b) Credit/Debit card and your Address on File
    • When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month on the date your renewal notice is sent (two days before your actual renewal date). For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.

  • (c) Non-Recurring Fees
    • All customers exceeding their bandwidth allowance will be sent invoices due upon receipt each month. All customers are responsible for monitoring transfer or bandwidth usage each month. Bandwidth overages are charged at $1.00 per each GB used over the allowed limit of the package. Customers have the option before their bandwidth billing cycle ends to upgrade per our a la carte upgrade option. Once your plan is upgraded you can not request a downgrade of the same plan for at least one month.

  • (d) Taxes
    • At ClamHost's request Customer shall remit to ClamHost's all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on ClamHost, regardless of whether ClamHost fails to collect the tax at the time the related services are provided.

  • (e) 30 Day Money Back Guarantee for Shared and Reseller Hosting
    • All new ClamHost Customers are eligible for a 30 day money back guarantee on all hosting packages excluding VPS and Dedicated Servers. The definition of a new customer is one who has never purchased services from ClamHost in the past. Software licenses are not refundable. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund.If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this voids your eligibility for the 30 day money back guarantee. ClamHost, Gen PTR, reserves the right to deny the refund if we feel abuse of services has occurred. Monthly, Quarterly, Semi-Annually, and Annually paying clients are limited to this 30 day money back guarantee. After the 30 days are up, no refund will be given should the client cancel. That is to prevent 3 month trials, then asking for all their money back. Clients also agree to all price fluctuations, and may cancel immediately with no refund or at the end of the billing period, should they dislike the price increases that may occur in the future. Existing customers that choose to upgrade or downgrade there plan must agree that no refunds will be given as the money back guarantee does not cover downgrades or upgrading then downgrading back. This is to prevent existing clients from upgrading for two days then asking to downgrade back after abusing the node. 

4. Cancellation and Early Termination (Shared and Reseller Hosting)

Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event ClamHost terminates the Agreement for Customer's breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for ClamHost breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 7 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to ClamHost or the Customer will be responsible for full payment of the following term. Monthly, Quarterly, Semi-Annually, and Annually paying clients are limited to this 3 day money back guarantee. After the 3 days are up, no refund will be given should the client cancel. That is to prevent 3 month trials, then asking for all their money back. Clients also agree to all price fluctuations, and may cancel immediately with no refund or at the end of the billing period, should they dislike the price increases that may occur in the future. Software licenses are not refundable. Existing customers that choose to upgrade or downgrade there plan must agree that no refunds will be given as the money back guarantee does not cover downgrades or upgrading then downgrading back. This is to prevent existing clients from upgrading for two days then asking to downgrade back after abusing the node. 

The cancellation request will be subject to the following guidelines:

  • Cancellation request must be submitted to the billing department (link)
  • Cancellation request must be submitted from the main email address on file with ClamHost
  • Cancellation request must contain the main IP address (VPS account) or main domain (shared/reseller account) of the hosting plan you wish to cancel

5. Payments (VPS & Dedicated Servers)

We do not offer a 30 day money back guarantee on Dedicated Servers. Renewal notices are emailed 10 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged 3 days before your renewal date. (ie. Your renew date is May 20th, your invoice will be sent on May 10th and your card on file will be charged May 17th) If your billing method is Paypal you will need to manually pay your invoice every month by the due date at 12 PM EST. All renewals made with a credit card are expected to work on the day your card is charged. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. In the event you fail to pay your invoice by the due date, we reserve the right to suspend your entire account and a late fee of $25 applies. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address.If your invoice is still not paid by the 3rd day past the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server. Software licenses are not refundable. Existing customers that choose to upgrade or downgrade there plan must agree that no refunds will be given as the money back guarantee does not cover downgrades or upgrading then downgrading back. This is to prevent existing clients from upgrading for two days then asking to downgrade back after abusing the node. 

6. Cancellation and Early Termination (VPS & Dedicated Servers)

Customer acknowledges that a minimum of 14 days cancellation notice prior to the following renewal term must be given in writing to ClamHost or the Customer will be responsible for full payment of the following term. Dedicated servers and VPS have a 3 day money back guarantee. Software licenses are not refundable. Monthly, Quarterly, Semi-Annually, and Annually paying clients are limited to this 3 day money back guarantee. After the 3 days are up, no refund will be given should the client cancel. That is to prevent 3 month trials, then asking for all their money back. Clients also agree to all price fluctuations, and may cancel immediately with no refund or at the end of the billing period, should they dislike the price increases that may occur in the future. Software licenses and fees are non-refundable. Existing customers that choose to upgrade or downgrade there plan must agree that no refunds will be given as the money back guarantee does not cover downgrades or upgrading then downgrading back. This is to prevent existing clients from upgrading for two days then asking to downgrade back after abusing the node.  The cancellation request will be subject to the following guidelines: 

  • Cancellation request must be submitted to the billing department (link)
  • Cancellation request must be submitted from the main email address on file with ClamHost
  • Cancellation request must contain the main IP address of the server you wish to cancel

7. Law/AUP

Customer agrees to use the service in compliance with applicable law and ClamHost's Acceptable Use Policy posted at aup (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that ClamHost may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of ClamHost's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with ClamHost's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between ClamHost and Customer regarding the interpretation of the AUP, ClamHost's commercially reasonable interpretation of the AUP shall govern.

8. Customer Information

Customer represents and warrants to ClamHost that the information he, she or it has provided and will provide to ClamHost for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to ClamHost that he or she is at least 18 years of age. ClamHost may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

9. Indemnification

Customer agrees to indemnify and hold harmless ClamHost, ClamHost's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

10. Disclaimer of Warranties

CLAMHOST DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW CLAMHOST DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

11. Limitation of Damages.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF CLAMHOST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

12. Suspension/Termination.

  • (a) Suspension of Service.
    • Customer agrees that ClamHost may suspend services to Customer with or without notice and without liability.
  • (b) Termination.
    • ClamHost reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if ClamHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively.
    • Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations. Monthly, Quarterly, Semi-Annually, and Annually paying clients are limited to this 30 day money back guarantee. After the 30 days are up, no refund will be given should the client cancel. That is to prevent 3 month trials, then asking for all their money back. Clients also agree to all price fluctuations, and may cancel immediately with no refund or at the end of the billing period, should they dislike the price increases that may occur in the future.
    • No license fees will be refunded unless ClamHost chooses to.

13. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account 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. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.

14. Domains

ClamHost is not a domain registrar. We are a reseller for ResellerClub via WHMCS so all ClamHost customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by ResellerClub (WHMCS). You can only purchase a domain from ClamHost or transfer a domain to ClamHost at the time when you are purchasing a hosting package. Domain purchases as well as domain transfers are billed at $14.45/year. You have the option to add privacy protection to your domain at $7.00/year. You will receive notice from ClamHost once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. If you choose to cancel your hosting plan with ClamHost or fail to pay your renewal we will not be renewing your domain past the cancellation date of your hosting plan. We are not responsible for domains that expire if you no longer have an active hosting plan. If you cancel your Platinum (which has free domain) within your 30 day money back guarantee, since domains are non refundable, you will NOT receive a refund. ClamHost spends over $9+ on the domains, and we do NOT get refunded. I thank you for choosing ClamHost for your domain services.

15. Requests for Customer Information

Customer agrees that ClamHost may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that ClamHost believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

16. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by ClamHost notwithstanding any agreement by ClamHost to provide back up services. ClamHost is not required to backup any service. Should ClamHost have such backup of client data, then such data will be given. It is the client's responsibility to keep backups of their own data. ClamHost is not liable for any data loss, DDoS attack, hacker, password loss, or any other liability. It is the user's responsibility. This applies too ALL services.

17. Request for Rebuild/Restore of Hosting Package

During any service term, customer may request up to two free rebuilds for a control panel change and one free rebuild/restore for any reason of choice. If a customer should need to request a rebuild/restore after this a $10.00 one time fee will be enforced.

18. Changes to ClamHost's Network

Upgrades and other changes in ClamHost's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. ClamHost reserves the right to change its network in its commercially reasonable discretion, and ClamHost shall not be liable for any resulting harm to Customer.

19. Notices

Notices to ClamHost under the Agreement shall be given via electronic mail to the e-mail address of billing@clamhost.com or via our online ticketing system at https://billing.clamhost.com/index.php

Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

20. Force Majeure

ClamHost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond ClamHost's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

21. Binding Arbitration

As a Customer of ClamHost you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by ClamHost at the time of the dispute.

22. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on ClamHost unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without ClamHost's prior written consent. ClamHost's approval for assignment is contingent on the assignee meeting ClamHost's credit approval criteria. ClamHost may assign the Agreement in whole or in part.

23. Web Design

Web Design fees are custom quote to quote basis. Wordpress is our preference for Web Design services. Example: Platinum WP is Platinum HOSTING, with WP representing a single Wordpress Site. Customers may have contracts on such agreements. Average prices vary from $100 per site to $500 per site. Web Design requires use of ClamHost hosting services, some requiring Platinum WP package. Minimum term of contract is 10 months, average contract 12 months. No refund whatsoever will be given for web design sites that have been fulfilled. In addition ClamHost does not include maintenance of site in the Web Design fee, nor does it consider updating products in the site, providing images, or setting up cart systems. All such should not be expected, as those are extra addon costs. ClamHost reserves the right to offer any customer a template or theme, and consider the Web Design fulfilled. If the customer does not pay the monthly fee for HOSTING, ClamHost reverses the right to invoice the customer for a late fee in addition to owned fees. Customer may also chose to pay off the contract, at the price of $500. By accepting the terms and conditions you agree to all the above conditions, contracts, and any other policy ClamHost has. Should the customer be unhappy, then the client may email support@clamhost.com or legal@clamhost.com, for a settlement.

24. Server Load

Any server load that makes other services unstable or perform poorly due to overuse, abuse, or that violates the AUP/TOS will be suspended, and or terminated.

25. CPU Miners and Game/GameServers

No Gameservers will be allowed until December 2013, but only for new nodes. Current nodes are using slightly older hardware, compared to the processors in the newer hardware. We ask our clients, potential clients, and all those interested to please wait till ClamHost has its new servers. Thank you, - ClamHost

No CPU Miners, if we detect a VPS running miner(s) ClamHost WILL cap the CPU to avoid killing our I/O levels and killing CPU load. *Killing CPU load refers to increasing load on server above 25% per core.*

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Last updated on 4/27/2014

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