Terms of Service
ALL SERVICES SOLD BY CLANCOMS.COM ARE SOLD AS VIRTUAL, DIGITAL, INTANGIBLE GOODS
The use of services from ClanComs / ClanComs.com constitutes your agreement to these terms.
1.) Account Setup / Email on file / Name on file:
We will initiate setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with a valid email address that is not associated with the domain(s) you are signing up under. If there is ever an event of "abuse" or we need to contact you, the primary email address on file will be used as the point of contact. It is your responsibility to ensure the email address on file is current and/or up to date at all times. Providing false contact information of any kind Name First & Last Must be accurate if it is found to be a false name it may result in the termination of your account and/or service. If you fail to meet these requirements, the order may be considered fraudulent/erroneous and will be denied/terminated.
2.) Domain/Website Transfers:
Our team will make every effort to help you move your information to ClanComs / ClanComs.com, however, we can not make guarantees of the transfer process, other companies have varying policies or agreements. We provide this as a courtesy service, and can not make guarantees regarding its availability, or the amount of time it may take, as each host's configurations may also vary. In some cases we may be unable to assist you in a transfer of data from a former host.
2.a) ALL DOMAIN NAME PURCHASES ARE FINAL NO REFUND WILL BE OWED ON ANY DOMAIN PURCHASE.
All services provided by ClanComs / ClanComs.com may only be used for lawful purposes. The laws governing the United States of America, and State of Nevada will be applied. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
The customer agrees to indemnify and hold harmless ClanComs / ClanComs.com from any claims resulting from the use of our services.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs DDOS Master/Slave node, TOR, Mail Bombers and Spam Scripts. Forums that distribute or link to "warez" content is prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to an email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 24 hours.
Potential harm to minors is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography:
Any site found to host child pornography or linking to child pornography will be suspended/ terminated immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.
3.a) Fraud Record:
Clancoms / clancoms.com utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service (TOS). In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information and all services with our company may be terminated with or without notice. If a fraudrecord search finds that you have a valid fraudrecord on file with fraudrecord.com at any time during your account holdings with our company, then from that point forward we reserve the right to refuse service with or without notice for any and all services that you hold with our company either by reseller or not. We also reserve the right to refuse any payment grace period for invoices and to terminate service of any kind for non payment on the day of invoice due beginning at midnight + 1 second our time on the due date, even if no TOS or other violation has occurred.
3.b) SpamCop: "ip blascklist monitoring"
Clancoms / clancoms.com utilizes SpamCop to screen for IP Blacklisting, if any our IP's are found to be listed the offending customer will receive an invoice for $25 per ip and all services suspended until such invoice is paid in full, also any customer found to have got any of our IP's listed will pay in full any and all FEE's in conjunction with getting our ip's removed from said blacklist.
3.c) NPL-Teamspeak Servers:
NPL VPS Servers are to be used only Teamspeak software no ports other than the required ports for teamspeak to operate fully will be allowed open.
NPL Teamspeak Servers are hosted on a NON Managed VPS server, f you need support to manage your NPL server please open a support ticket and request paid support.
We offer a Teamspeak restart script for $2 monthly we will install the script for you, if your server ever goes down this script will restart your server automaticly.
It is up to you the customer to know how or learn how to manage your Teamspeak3 NPL VPS server we have help guides if you need them and Google has a lot of videos on how to set up and maintain
your NPL Teamspeak3 server.
3.d) IP ADDRESS PRICING:
All of our servers are deployed with either 4 or 5 usable IP addresses, depending on the particular configuration. If you need more IP addresses, you can order them via our website once your initial order has been completed and your server is online. We do require justification per ARIN guidelines for all IP allocations. We typically allow a maximum of a /25 per server (125 IP's) - if you need more, please contact us for more information.
Single IP's are $2.00 month per IP
these IP blocks are only for Dedicated servers
8 IP Addresses (5 usable) - $10 per month, $10 one-time setup
16 IP Addresses (13 usable) - $26 per month, $10 one-time setup
32 IP Addresses (29 usable) - $58 per month, $10 one-time setup
64 IP Addresses (61 usable) - $122 per month, $10 one-time setup
3.e) Leased Licenses:
Any licensing purchased through clancoms is for use only on clancoms network. At no time can a license be removed from our network for uses elsewhere
4.) Zero Tolerance Spam Policy:
ClanComs / ClanComs.com maintains a "zero" tolerance policy against unsolicited e-mail, bulk emailing, email bombing, and/or Unsolicited Commercial Email (UCE) or SPAM over our network. Subscribers to ClanComs / ClanComs.com may not use or permit others to use our network to transact in spam messages. Subscribers to ClanComs / ClanComs.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy; Subscribers who distrbute spam will have their account terminated with or without notice, and/or incur severe penalties.
Violation(s) of ClanComs / ClanComs.com SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, ClanComs / ClanComs.com will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, ClanComs / ClanComs.com may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ClanComs / ClanComs.com may, at its sole discretion, restrict, suspend or terminate customer’s account. Furthermore, ClanComs / ClanComs.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ClanComs / ClanComs.com will notify law enforcement officials if the violation is believed to be in relation to a criminal offence.
A) First Violation Offence - of this policy may result in an Administrative Fee of $100 at the discretion of management and your account will be reviewed for possible immediate termination.
B) Second VIolation Offence - will result in an Administrative Fee of $399 and immediate termination of your account.
C) ClanComs / ClanComs.com reserves the right to charge up to a total of $1500 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
D) ClanComs / ClanComs.com resellers are ultimately responsible for the actions of their clients over the ClanComs / ClanComs.com network, it is advisable that resellers develop a similar, or more stringent policies for their clients. ClanComs / ClanComs.com Subscribers are solely responsible for the use of their hosting account at all times, No Exceptions.
E) Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
F) ClanComs / ClanComs.com reserves the right to require changes or disable as necessary, any web site, account, database, or other component that does not comply with our established policies, or to make any such modifications in an emergency at its sole discretion.
G) ClanComs / ClanComs.com reserves the right to charge the Subscriber of the account used to send any "unsolicited e-mail" a recompense or clean up fee. The amount of the "clean up" fee will be assesed at the discretion of ClanComs / ClanComs.com, and may or may not include Section 4.C.
H) Subscribers who violate this policy agree that these fees will be paid on request. (Please see Failure to Pay, Payments and Fees information.)
5.) Payment Information:
You agree to supply "appropriate" payment(s) for the services received from ClanComs / ClanComs.com, in advance of the time period during which such services are provided. You agree if you (the account holder) do not notify ClanComs / ClanComs.com of your desire to cancel any or all services received, these services will be "billed" on a recurring basis.
As a client of ClanComs / ClanComs.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. any account with a credit card on file will have the card automatically charged on day of invoice creation. ClanComs / ClanComs.com provides a 10 day grace period from the time the invoice is sent out and when it must be paid in full."Exception" Any account with a Credit/Debit card saved on account will be automatically charged at time of invoice creation. Any invoice that is overdue will result in an account / service suspension until account balance has been paid in full (a $5 late fee may also apply). Your debt may be referred to a private debt collection agency if account is not paid in full, and /or Customer hereby grants ClanComs / ClanComs.com a security interest in the Customer Equipment to secure Customer’s obligations hereunder. Services sold as virtual, digital, or intangible, which are not honored under PayPal Purchase Protection shall NOT be refunded, only claims involving physical items that can be shipped and/or tracked will be considered eligible for refund. any account with a open invoice that receives a cancelation notice after invoice creation will be charged the full invoice before any changes/cancelations can be made to the account.
ClanComs / ClanComs.com reserves the right to modify the monthly payment amount and/or any other charges at anytime.
5.A) Charge back fee:
A credit card chargeback or PayPal Disputes or Claim can result in immediate account termination.
A credit card chargeback fee of $50 will be charged to any customer’s account for any chargeback or PayPal Disputes or claim received by their financial institution or PayPal. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 1 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy, and result in account termination. If the account is terminated all information within the account will be sent to our collection agency. All Fee's not paid in full with in 30 days will be sent to our collection agency:
ClanComs / ClanComs.com reserves the right to cancel the account at any time with or without notice.
Cancellations must be done in writing via the Client Area.
Upon receipt of your cancelation and payment of any open invoices "any client with open invoice and credit card on file will have the credit card automatically processed for payment of open invoice before cancelation will take place" and having confirmed all necessary information with you via Support ticket, we will inform you that your account has been canceled. If you do not hear back from us, or receive an support ticket e-mail confirming this cancelation, please contact us immediately.
7.) Money back Guarantee and Refunds:
ClanComs / ClanComs.com reserves the right to refund a prorated amount or no refund at all.
ClanComs / ClanComs.com reserves the right to refuse service to anyone.
Each of ClanComs / ClanComs.com's Teamspeak3 servers carry a 5 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 5 days of your service, you will be given a refund of the service amount minus Teamspeak Licensing Fee's. This does not apply to administrative fees, setup/install fees, software licensing fees, domain name purchases, Cloud, VPS, Dedicated or Colocation, any special offers, 1 time offers, Forum Deals, Teamspeak3 Licensing FEE for used time on server in first 5 days, these will not be refunded for any reason. Refund requests after the initial 5 days will be denied.Credit Card refunds can take up to 30 days to proccess.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
8.) Backups and Data Loss:
Your use of the service is at your sole risk. ClanComs / ClanComs.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ClanComs / ClanComs.com servers.
You (the account holder) are responsible for all backups of any information or data within your account/website, we will not be held responsible or supply any data backups.
For information on backing up your data: cPanel® in the knowledgebase.
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.
Exceeding the limit does not constitute grounds for suspension; however accounts that constantly create and delete large amounts of data (files) on a regular basis or causing file system to be damaged, may cause your account to be flagged for review/suspension.
10.) 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.
10.a) Bandwidth Usage VPS and Dedicated servers only:
Clancoms pro-actively monitors backbone utilization in order to ensure that bandwidth resources are equally shared. Any customers deemed to be abusing bandwidth/connectivity will have their connections limited/disabled for a period of time.
utilization can not exceed 20Mbit per second monitored on the 95th percentile per port if found to be utilizing above this threshold you port will be restricted to 10Mbit for the remainder of the billing period.
11.) Resource Usage:
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
11.a)Port flood excessive port utilization, If our monitoring system finds your port to be flooding traffic 45% of port speed for more than 5 minutes the port speed will be reduced to 10Mbit until the high traffic stop's.
12.) Uptime Guarantee:
13.) Price Change:
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ClanComs / ClanComs.com, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold ClanComs / ClanComs.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ClanComs / ClanComs.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ClanComs / ClanComs.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ClanComs / ClanComs.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ClanComs / ClanComs.com's server.
By using any ClanComs / ClanComs.com services, you agree to binding arbitration. If any disputes or claims arise against ClanComs / ClanComs.com or its subsidiaries, such disputes will be handled by an arbitrator of ClanComs / ClanComs.com's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
ClanComs / ClanComs.com shall not be responsible for any damages your business may suffer. ClanComs / ClanComs.com makes no warranties of any kind, expressed or implied for services we provide. ClanComs / ClanComs.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ClanComs / ClanComs.com and its employees. Please see disclaimer page.
17.) Disclosure to law enforcement:
ClanComs / ClanComs.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from
We will cooperate fully with law enforcement agencies.
18.) Abusive Conduct:
18.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
18.2 Any abuse towards any ClanComs / ClanComs.com employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing ClanComs / ClanComs.com or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at ClanComs / ClanComs.com or it's employees shall be considered a violation of this TOS.
18.3 Any abuse of our staff in any medium or format; whether verbally, orally, written, or delivered by second parties directed towards ClanComs / ClanComs.com or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
18.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. ClanComs / ClanComs.com will be the sole arbitrator in regards to what is deemed a violation.
18.5 No refunds shall be given when the contents of this section necessitates removal of the account.
19.) Changes to this T.O.S.
ClanComs / ClanComs.com reserves the right to revise policies pertaining to ClanComs / ClanComs.com at any time without notice.
All logos and/or trademarks in this site are the property of the respective owner(s).
Digital Millennium Copyright Act - All content on this website may not be reproduced without express written consent.
Copyright © ClanComs / ClanComs.com - All Rights Reserved.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.