Spam

Sending or aiding (by promoting the sale or use of “Bulk Email” software or services) in the sending of unsolicited bulk email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a PointClick Technologies email address or website URL is prohibited. The use of PointClick Technologies servers as a mail drop for responses to activities described above is also prohibited. Linking to providers of the activities listed above is also prohibited. Accounts canceled due to spam will be billed a clean-up fee of $500.

Refund

PointClick Technologies’ renewal charges are billed automatically. Clients who prepay by credit card must keep their billing information current. At the beginning of your next payment cycle, PointClick Technologies will begin applying hosting charges against the credit card on file. In the event of processing failure, a notice will be sent to the billing contact by email. If after 5 days payment has not been made the account will be suspended and another notice will be emailed. If after another 5 days payment has not been made, the account will be canceled.

Renewal

Hosting prepayments are nonrefundable. You must request cancellation prior to the start of your next billing cycle to prevent charges from being assessed.

30 Day Satisfaction Guarantee

30 Day Satisfaction Guarantee applies to any hosting fees paid within the first 30 days. A refund must be requested and the account must be cancelled within the first 30 days of service. If canceling your account in accordance with the Satisfaction Guarantee, any promotions received in concert with the hosting account will not be fulfilled.

Cancellation

PointClick Technologies reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that:

1. The account violates our posted policy.
2. Payment for hosting fees is not received.

An account can be canceled voluntarily at anytime by contacting our billing department via email with your 30 day written cancellation notice. The contents of a canceled website may be deleted at anytime subsequent to account termination. Website files for canceled accounts are removed from the server 24 hours after the cancellation date and are NOT retrievable except from the archive backup (See Website Content Management below).

Security

Attempts to manipulate PointClick Technologies servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to PointClick Technologies servers, mail bombing, or other means of deliberately overloading systems.

System Abuse

This includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of PointClick Technologies, mass emails (i.e. 300 or more email messages per day), or using disproportionate amount of system resources for CGI Scripts. PointClick Technologies will determine what constitutes system abuse.

Software/Multimedia Distribution

Accounts cannot to be used to distribute “cracked” versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3s). Sites that contain links to pirated software or illegal contraband are also prohibited.

Policy Violation

If an account is used unlawfully or is in violation of the user policy, PointClick Technologies reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the User Policy will be held responsible for damages to PointClick Technologies, including but not limited to, PointClick Technologies systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $500 clean-up fee. Determining what constitutes a policy violation is the sole discretion of PointClick Technologies.

Website Content Management

PointClick Technologies is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained outside of PointClick Technologies’ facilities. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. A fee of $100 is applicable should a client require any files from our backup systems. We cannot guarantee that the files contained in our backup systems will be the most current copies available for a given site. Tape backups are rotated frequently so retrieval requests should be made within one week of deletion to ensure files are available for restoration.

Adult Content

Sites containing adult material, links to adult material or adult-oriented merchandise are not permitted. The final determination of what constitutes “adult content” is made by PointClick Technologies.

System Updates

PointClick Technologies updates systems in real time as queued batch processes. Therefore, any updates made to the system may not be immediate. These processing times may be changed at anytime without notice. If a client or PointClick Technologies support personnel (authorized by a client) makes any modifications to a hosting account, the client is responsible to ensure that these updates occurred.

Log Files

Log files will be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

Indemnification/Disclaimer

PointClick Technologies does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use PointClick Technologies services including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to PointClick Technologies servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures and natural disasters. By using PointClick Technologies services, the client agrees to indemnify and hold PointClick Technologies harmless against any liabilities arising out of defective products sold to customers from PointClick Technologies servers, personal injury or property damage caused by products or services sold or distributed from PointClick Technologies servers, any material that infringes or allegedly infringes on the rights of a third party available from PointClick Technologies servers, and any material that libels or allegedly libels a third party available from PointClick Technologies servers.

Note: PointClick Technologies reserves the right to revise our policies at anytime.