Terms of Use
1. The client will not use Clever Web Designs facilities for the storage or distribution of any image that is considered obscene, pornographic, lewd, erotic, or appeals to the prurient interest of the average person. The owners of Clever Web Designs reserve the right to make the sole determination of what may or may not fall under the above mentioned categories and such decision will be applied by Clever Web Designs without appeal by the client.
2. The client will not use Clever Web Designs facilities for the delivery of any proprietary software or copyrighted material to any other person unless the client has the full and legal right to claim ownership and/or distribution rights of said software or material for the purposes of sale and/or distribution.
3. The client will not use Clever Web Designs facilities for the purpose of sending or receiving the responses of bulk commercial email without first receiving authorization from Clever Web Designs, nor shall the client use Clever Web Designs's facilities for the sending of any unsolicited email in any form for any purpose. Neither shall the client allow any unsolicited commercial email to be sent that directs the recipient to go to any website hosted by Clever Web Designs. Neither shall the client use any of Clever Web Designs Hosting facilities to facilitate the harassment of any Internet user in any fashion.
4. The client will not permit any other person(s) to use Clever Web Designs Hosting facilities for the purpose of violating client agreement paragraphs one, two, and three.
5. The client grants Clever Web Designs the right to investigate any large and/or sustained transfer of data for the purposes of determining if the client is violating client agreement paragraphs one, two, and three.
6. The client understands that if he or she is in violation of client agreement paragraphs one, two, three, or four that Clever Web Designs will immediately and without recourse terminate the client's account without warning or refund.
7. Clever Web Designs reserves the right to move large client files to another server if necessary for the purpose of effective delivery of those files. Clever Web Designs will notify the client by email if such a change is necessary.
8. No client will interfere with, disrupt, electronically intrude upon, or attempt to gain unauthorized access to any aspect of Clever Web Designs network, servers, hard drives, or any other equipment owned or leased by Clever Web Designs Hosting for any purpose whatsoever. Violation of the terms of this paragraph may result in civil or criminal penalties and/or immediate termination of the account without warning or refund.
9. Clients shall not rent, sell, transfer, or otherwise allow others to use their account space or services without the explicit and advance written consent of Clever Web Designs Clever Web Designs has the right to accept or deny that request at Clever Web Designs's discretion.
10. The client assumes all responsibility and liability for any text, images, graphics, or other electronic data that the client deposits on Clever Web Designs Hosting equipment whether that data is distributed or not to any other user. The client assumes all responsibility and liability for any damages resulting from the storage and/or distribution of such electronic data if any storage and/or distribution of such electronic data results in a violation of any local, state, federal, or international law or regulation.
11. The client agrees to pay all charges incurred for services on or before the date on which those charges are due as specified on invoices sent to the client by Clever Web Designs Unless agreed to in advance by Clever Web Designs Hosting in writing, all payments will be considered late by the 10th day after the due date. The client understands that failure to pay such charges by the 10th day after the due date will result in interest charages. The client understands that failure to pay such charges by the 60th day after the due date may result in discontinuance of services to that client by Clever Web Designs
12. A reconnection fee will be charged to reactivate any services discontinued by Clever Web Designs due to non-payment under paragraph 11.
13. Clients wishing to discontinue hosting services must notify Clever Web Designs Hosting in writing the 30 days before cancellation is to take effect. Refunds for services not used will be prorated.
14. Clever Web Designs reserves the right to interpret the above paragraphs in a broad manner and to modify, delete, or add to these agreements at any time. Clever Web Designs will notify the client of any changes in this agreement by email or US Postal Service.
15. Clever Web Designs reserves the right to refuse service to anyone.
16. Any adjudication of any applicable laws regarding this user agreement or any other agreements as they relate to Clever Web Designs shall fall within the jurisdiction of the State of California, in the United States of America.
The submission of a Clever Web Designs Web Hosting Service sign-up form indicates that you have read the above client agreement and agree to abide by its terms and conditions.