We have a set of conditions in place that protect you and us.
This agreement was last edited on October 24th, 2018.
Website or Web Application Owner, the customer; and
Hosting Provider, clak.io LLC,
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which clak.io will provide Web Hosting services on behalf of the customer.
1.1 The agreement is concluded for an indefinite period.
1.2 The agreement can be terminated by both parties to the end of a month. The notice of termination must be received by the respective recipient at least one (1) month prior to the day that it should become effective. This does not affect the right of the contract partners to issue a termination for cause.
2.1 clak.io shall render memory and computing capacity available, on a server operated by clak.io, for the storage of websites and for the operation of applications that can be utilized via the internet.
2.2 clak.io shall create, grant and maintain the connection between the server and the internet so that the website can be transmitted to the calling computer without disruption and whenever required by external computers in the internet (clients) by means of the common internet protocols.
2.3 clak.io shall attempt to render the website, stored by the contract partner in accordance with the Terms and Conditions of the agreement, available to the global public via the internet 24 hours a day, seven days a week. clak.io does not accept liability for successful access to the respective website, insofar as networks are used that are not exclusively operated by clak.io or its direct contractors including their interfaces to third-party networks.
2.4 clak.io shall schedule maintenance times for the optimization and improvement of performance of the systems providing the services, which are, on principle, outside the usual business hours, generally on Saturday between 00:00 and 03:00 CST and are only utilized as required. During these maintenance times clak.io may shut down its infrastructure as necessary and to a minimum. The customer shall be informed of maintenance by email in a timely manner.
2.5 clak.io shall endeavour to render the systems available via internet for at least 99.9% of the annual operating time (availability).
2.6 clak.io shall execute an automatic backup of the website on a weekly basis. Each backup shall be stored for a period of four (4) weeks.
2.7 clak.io shall act as the registrar for the customer. The domain name belongs to clak.io. Should the customer want to move the domain to a new registrar, clak.io must transfer ownership of the domain name within one (1) month of notification from the customer. clak.io will only provide assistance in transferring.
2.8 clak.io shall renew domain names automatically. clak.io will notify the customer when the domain name is one (1) month from expiry by either phone or email. Should the customer wish to cancel the domain renewal, the customer must request one (1) week in advance of the expiry, otherwise cancellation is not guaranteed.
2.9 clak.io will provide small adjustments and assistance to customers free of charge. Projects or adjustments that are estimated over two (2) hours will be discussed and billed with the customer.
3.1 clak.io accepts major credit cards and debit cards. Other forms of payment may be arranged by contacting clak.io at firstname.lastname@example.org.
3.2 Payments are to be made to clak.io by the stated due date on the invoice, generally the last day of each month, unless instructed otherwise by clak.io. clak.io provides invoices many days in advance to the due date of the invoice, generally in the timespan of one (1) week.
3.3 YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING email@example.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
3.4 Payments not made within seven (7) days of the due date will be deemed in arrears. For accounts in arrears, if any amount is more than seven (7) days overdue, without the requirement of providing notice of such arrears, clak.io may suspend service to such account and bring legal action to collect the full amount due, including any attorneys’ fees and costs.
3.5 If a customer is past due on their invoice, clak.io may send up to three (3) email notifications within a fourteen (14) day period before suspending the customer’s service. The customer’s website will be temporarily unavailable during the suspension period. clak.io reserves the right to delete the customer’s suspended websites after the final termination notice.
4.1 If disruptions of the customer’s website is apparent, the customer shall inform clak.io of this immediately. clak.io shall attempt to remove the disruption of availability immediately.
4.2 Should there be significant downtime of service that disrupts the 99.9% guarantee, the customer will be refunded the cost of service during the downtime.
5.1 clak.io will exercise no control whatsoever over the content of the information passing through the network, email or website.
6.1 clak.io is not responsible for the content of the customer’s saved data or the saved contents. clak.io also does not accept liability for damage suffered by the customer due to alterations of the saved data by the customer or other internet users.
6.2 In addition, clak.io is not liable for any damages caused by the circumvention of password protection and similar protection facilities through “hacking” on the server used by the customer. clak.io and the customer are both informed of the fact that a binding assurance regarding the security of these protection facilities is not possible due to the manifold opportunities of unauthorised third parties to influence the system in and via the internet.
7.1 Customers may not use the website in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the website to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. clak.io will, in appropriate circumstances, bar the websites of repeat violators. clak.io is entitled to disrupt the service of the customer’s website on a temporary basis (barring of the system) if sufficient indications in respect of copyright contents exists on the customer’s website, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded. If a third party believes that a customer of clak.io is violating its intellectual property rights, it should notify us by email at firstname.lastname@example.org. A notification should include information reasonably sufficient to permit clak.io to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
7.2 clak.io is entitled to disrupt the service of the customer’s website on a temporary basis (barring of the system) if sufficient indications in respect of illegal contents exists on the customer’s website, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded, or as the result of investigations by state authorities. The bar shall be restricted to the supposed infringing contents, if possible. The customer shall be informed of the bar and should be given the reason. The customer shall also be requested to remove the supposed illegal contents or to present their legality and prove it, if necessary. The bar shall be removed as soon as the suspicion has been invalidated.
7.3 If the customer operates programs on the website, which could negatively impact or, due to known security flaws, threaten the operating characteristics of the systems of clak.io or its agents, clak.io is entitled to immediately bar the customer. The customer shall be informed immediately of the bar and should be given reasons.
7.4 If the customer’s website is barred, the customer is still expected to pay for the website during the time it is barred.
8.1 clak.io may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from clak.io of said failure, 2) upon mutual agreement in writing of clak.io and the customer.
9.1 If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
10.1 The customer shall indemnify and hold clak.io harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against clak.io directly or indirectly arising from or in connection with the customer’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by the customer.
11.1 If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.