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Our Legal Terms and Policies
By viewing this website, you agree to our terms of use and promise
to respect all of the rules outlined below.
Copyright and Trademarks
Michelle Clancy, owner of Clancy Creations, owns the copyright and trademarks of all content, materials, logos, certain design elements and any other material from within the Clancy Creations.com domain and website, unless otherwise stated, and may not be copied, reproduced, rewritten, published or altered in any form without written permission from Michelle Clancy (Owner). Some images on this website were obtained from public domain image websites.
Our Terms of Use
You agree not to sell, license, rent, redistribute, retransmit, modify, adapt, edit, alter or recreate any content in whole or in part, of this site. However, you may print or download one copy of the materials or content on this site on any single computer for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. Any and all use of this site whether in whole or in part, without written permission from Michelle Clancy (Owner) is strictly prohibited. Clancy Creations name and all logo's, and slogans are all trademarks or service marks of Clancy Creations and are not to be used in any way without written permission from Michelle Clancy (Owner). All other trade names used are the property of their respective owners and have been used on this site with permission from their respective owners.
Clancy Creations Hosting Terms of Service
Effective November 04, 2007: Please take the time to read through our Hosting Terms of Service, as you will be expected to abide by the following if you choose to host your website with Clancy Creations Web Hosting.
Acknowledgment and Acceptance
Clancy Creations Web Design ("Provider") shall provide electronic services to an individual or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at Terms of Use.
This TOS shall be binding on both Provider and Client and shall include but not be restricted to, all services ("Service") provided at or by, ClancyCreations.com. In this TOS, "we", "our" and "us" means Provider and "you", "they" or "their" means Client.
Provider reserves the right to change these TOS from time to time, at its sole discretion and without notice. It is the Client's responsibility to be familiar with and to provide themselves with, a current copy of our TOS.
Provider reserves the right to refuse and/or terminate the Service, to any individual or organization for any; legal, moral or ethical reasons, or that is deemed by Provider to be unsuitable.
Description of Services
Hosting
Provider will give Client the ability to store Web pages, data, and files; plus various types of scripts, that shall be accessible via the Internet and the World Wide Web and be considered to be Hosted by Provider.
For access to any Service rendered by Provider, Client must:
Provide all equipment, including a computer and communications device(s) necessary, to establish and maintain their own connection to the Internet and the World Wide Web.
Provide for their own method of access to the Internet and the World Wide Web plus pay for any fees (including, but not limited to, telephone service(s) or other telecommunications service) associated with such access.
Provide their current and valid ISP eMail address.
In consideration for using any Services of Provider, Client agrees to:
Provide complete and accurate information about the Client as requested by the Provider or approved Agent of Provider.
Maintain and update this information as required to keep it current, complete and accurate.
At all times, maintain a level of common courtesy and respect when dealing with Provider. Abuse will not be tolerated in any communications between any personal of Provider, their agents, third-party representatives or other Clients of Service. Abusive language can include, but is not limited to, foul or vulgar language, threats, or stated intentions to do harm to Service.
If any information provided by Client is; inaccurate, false, or fraudulent, Provider retains the right to terminate any and all of the Service provided to Client and rights to use the Service, with or without notice. Client agrees in this case, it is the prerogative of the Provider as to whether there will be any reimbursement for any unused portion of pre-paid fees for the Service.
The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is subject to Internet regulations, policies and procedures.
Provider Responsibilities:
Server(s) will be maintained on a regular basis.
Due diligence for security will be made according to best practice of Provider.
Current versions of Control Panel be available with respect to a reasonably functional version.
Current versions of L.A.M.P. (Linux, Apache, mySQL, PHP) be provided with respect to already functional Server(s).
When possible, an eMail warning or notice of disruption or potential disruption to Service with reason why, to be acted upon by Client and allow for them to make correction(s) in a timely manner.
Client Responsibilities:
Knowledge of or the ability to learn on their own, how to operate programs such as; an email and FTP program, the various features of the Control Panel.
Checking and correcting errors created by Client Web pages, scripts or any other errors, created through Client's use of Service. Daily checking of a specific eMail address, to be provided within the "Welcome" eMail, for messages from Provider and acting upon them in a timely manner.
Communication is always of utmost importance and without it, there can be no common ground. It is always to the benefit of each party involved, to use communication for resolving differences or making arrangements that are agreeable.
These Expectations do not absolve or indemnify, Provider or Client of specific terms and obligations mentioned elsewhere in this TOS.
Bandwidth
Client may occupy only the amount of disk space provided to client on the Providers Server and utilize no more than the network bandwidth that is allotted by to client. Additional fees, specified in the Hosting Plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
Backups
While Provider shall make every reasonable effort to protect Client's Web pages, data and files stored using the Service, Provider is not responsible for theft, loss of, or damage to them. Client is solely responsible for maintaining backups of all of their own Web pages, data and files, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or suspected by Client.
Disclaimer of Warranties
Provider makes no warranties, representations, or assurances that Client or anyone else's equipment will be compatible with the Service. Client expressly agrees that use of the Service is at Client's sole risk. The Service is provided on an "AS IS, AS AVAILABLE" basis. Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or use and non-infringement.
Provider makes no Warranty that the service will meet Client's requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does Provider make any Warranty as to the results that may be obtained from the use of the Service or as to the accuracy of reliability of any information obtained through the Service or that defects in the software will be corrected.
Client understands and agrees that any Web pages, data, or files downloaded or uploaded for storage through the use of the Service is done at the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data that results from use of the Service.
No advice or information, whether oral, written, obtained by Client from Provider or through the Service shall create any warranty not expressly made herein.
Provider makes no warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.
Copyright and Ownership
Client agrees that all website materials, including, but not limited to, content, graphics, scripts, programs and any other website materials is the property of client or client has permission to use such materials.
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Provider is in violation of any local, state, federal or non-United States law or regulation, is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. The Customer agrees to indemnify and hold harmless Provider from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Hosting Privacy Policy
The policy of Provider is to respect the privacy of its Client's, as well as the privacy of all those conducting business through use of the Service. Although, Client grants Provider the right to disclose information about the Client and their use of the Service, if Provider is required to disclose such information by any applicable law or legal process served on Provider and/or Provider deems it necessary to use third-party credit reference or collection agencies, security agencies, or any others, under a duty of confidentiality to us and any of our actual or proposed assignees or transferees of our rights with respect to you, to use at Providers discretion.
Client acknowledges and agrees that Provider does not endorse the contents of any Client communications or use of the Service and specifically disclaims any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
Client acknowledges and agrees that certain technical processing of communications and their content may be required to:
Communicate with Client's of Provider
Conform to connecting networks technical requirements
Conform to the limitations of the Service
Conform to other similar requirements
Provider may at times monitor the use of the Service by and between Client and Third parties and the Service itself. There may also be times when, for the benefit of the Service as a whole, Client related processes will need to be stopped and/or have alterations done to certain files. Client agrees that Provider has their permission to perform these alterations when needed; at the discretion of Provider and without prior warning.
Payment Policies
Provider reserves the right to change prices at any time and prices are only guaranteed for the term of pre-payment.
Client agrees they are responsible for keeping current with all monies owed for the Service, from the time the Service was established to the time that Client notifies Provider of intent to terminate the Service and Client has received an acknowledgement from Provider of said intent. Any delinquency for the Service not brought current within three (3) Calendar days, inclusive, of eMail notice from Provider, is subject to Suspension of the Service. If the delinquency is not brought current within a further two (2) Calendar days, inclusive, the Service will be Terminated and any Agreements deemed to be terminated.
Provider reserves the right to Suspend or Terminate Client Service at anytime, for non-payment or payment delinquency.
Refund of Payment
The Hosting Service provides for a 30 Day Money Back Guarantee, inclusive from the first day of Service to the 30th day. The 30 Day Money Back Guarantee expires on the 31st day with day one being the day when the order for the Service was placed. If Client is not satisfied with the Service or for any reason they deem worthy and decides to invoke the 30 day refund policy, Client will receive a full refund of the Hosting amount, paid at the time of ordering the Service and minus any applicable setup fee(s). Termination of Service by Client, must be done, either in writing and submitted through the Postal service and addressed to the current Mailing Address of Provider or, by using eMail with the "FROM" address being the Client's ISP assigned eMail address on file with Provider and stating the Domain name their account is currently hosted under. No other methods are acceptable and Client must respond to any contact made by Provider with regard to Termination. There will be NO REFUNDS given after the 30 day initial period.
Termination of Service
Provider reserves the right to Terminate at any time, Client access to the Service when Provider decides the Service has been inappropriately used. If Provider institutes its right of Termination then all fees paid in advance of Termination will be forfeited. There are NO REFUNDS after the 30 day initial hosting period. If it is discovered and proven to the satisfaction of Provider that the Client is using the Service for an Illegal purpose, Client will be considered in violation of these TOS and the Service shall be immediately terminated. All fees and/or pre-paid amounts shall be deemed forfeited and non-refundable. Illegal purpose shall include but not be restricted to; all applicable Local and Federal laws of Kansas City, Missouri, USA and International laws and regulations. Termination shall be accompanied by eMail notice to the ISP assigned eMail address provided by Client and currently on file with Provider. Under certain circumstances described within this TOS, Provider may terminate Service with or without notice. Provider shall not be liable to Client or any third party for termination of the Service. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.
Client understands and agrees, Provider reserves the right to conclude when they are in violation of this TOS, and may come to such a conclusion even if it is only based upon opinion or belief of Provider.
Not Allowed
The Service will not be used for any of the following and are considered as a violation of these TOS:
Web Sites having only an IP address
Web Sites having a blank Index page (min 100 characters of Content)
Directory or File names using other than English characters
Sites related to or Web pages linking to, using money to Gamble or make Bets of any kind and/or instruction or methodology of such Illegal activities or materials, including but not limited to materials that may violate another's intellectual property rights
Promoting or linking to; pornographic, sexually explicit, violent, lewd or obscene materials
Anything that constitutes promotion of Spam or UCE Warez, Pirated or otherwise related to, illegal software for use or sale
Chat Rooms other than included by Provider
MP3s of others (any created and Copyrighted by Client is fine)
IRC Bots
Attempts to undermine or cause harm to other Client's
Matt Wright FormMail script - any version
Any other reason that is deemed by Provider to be unsuitable
These Scripts (any version) are not allowed without pre-approval:
UBB [ http://www.infopop.com/ ]
YaBB [ http://www.yabb.info/ ]
Ikonboard [ http://www.ikonboard.com/ ]
Any Forum script using Perl coding for the database
Abuse of Service
Provider realizes that abuse of Service can be done intentionally or unintentionally. In all cases, abuse of Service will be determined by Provider, will not be tolerated and must be stopped and/or corrected. Client agrees that their use of Service regarding any type, format or process used by their account and that uses 15% or more of Server resources, per instance, for more than 30 continuous seconds, is subject to being shutdown and/or Client will be requested to remove it.
Note: Approx. 99% of scripts use less than 15% of Server resources at any one time.
Abuse of Service can also include Excessive Errors generated by Client Web pages, scripts or other use of Service by Client. Client will receive notice of Excessive Errors from Provider and agrees to correct or remove, any such files creating the Excessive Errors within, maximum 48 hrs. from time of notice, else, Provider has the option of resolving the Excessive Errors to best judgment of Provider. Notice shall be by eMail sent to a specific eMail address using the Domain name of the Client's Hosting account with Provider. Client has agreed elsewhere in these TOS to accept and read eMail sent to that address within 24 hrs.
Client agrees and maintains that Provider may or may not, charge a US $25.00 Maintenance fee, when Client has not resolved said Excessive Errors within 48 hrs. of notice and Provider has to resolve said Excessive Errors. Client also agrees and maintains, Provider has the option to first correct Excessive Errors to best judgment of Provider, before notifying Client. In those cases Client will not have to pay any Maintenance fee. Only when 48 hrs. of notice to Client has passed and Excessive Errors still remain, will Provider determine what action is be taken, including but not limited to, if any maintenance fee is to be paid.
Guidelines of Excessive Errors generated by any means.
7 per second
12 per minute
60 per day
Client will be able to verify all cases of Errors and Excessive Errors, by viewing their own Error Log as provided within the Control Panel.
Indemnification
Client agrees to defend, indemnify, save and hold Provider harmless from any and all claims, actions demands, including reasonable attorneys fees, liabilities, judgments, damages, settlements, losses and costs, made by any third party due to or arising out of use of the Service, violation of this TOS, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity. Client also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of Provider.
Governing Law
This TOS shall be governed by and construed in accordance with the laws of Kansas City, Missouri. Client and Provider agree to submit any legal action involving any disputes of this TOS to the exclusive jurisdiction of the courts of Kansas City, Missouri. If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties. Provider's failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by Provider in writing.
Limited Liability
Client is solely responsible for the contents of its transmissions and communications through the Service. Client's use of the Service is subject to all applicable Local, State and Federal laws of the USA and International laws and regulations. Client agrees that any and all use of the Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by Provider as to the accuracy or reliability of the Service, unless otherwise expressly stated in this TOS. Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use of the Service.
Entire Understanding
This TOS constitutes the sole agreement between Provider and Client with respect to the subject matter hereof and shall be attached to any use of the Service. The parties hereby confirm that they each require that this TOS and all documents and notices in connection therewith be drawn up in the English language.
Website Privacy Policy
Your information will never be sold or exchanged, ever, PERIOD! We respect the privacy of all our clients! This site does not use cookies, however, we do monitor all IP addresses that access and use this site for general demographic information. This is used solely for the purpose of analyzing site traffic, page hits and monitoring user trends. Your IP address is never in anyway linked to your personal identifiable information.
Contacting Us
If for any reason you may have questions or concerns about our privacy policy, terms of use, copyright or anything else related to this site, you may contact us at anytime. To report any unacceptable behavior by any third party, client or otherwise, or any violations of this TOS, please contact us.
Clancy Creations
P.O. Box 46675
Kansas City, MO. 64188-6675
(816) 479-2000
Click here to send us your questions or comments.
Copyright and Trademarks
Michelle Clancy, owner of Clancy Creations, owns the copyright and trademarks of all content, materials, logos, certain design elements and any other material from within the Clancy Creations.com domain and website, unless otherwise stated, and may not be copied, reproduced, rewritten, published or altered in any form without written permission from Michelle Clancy (Owner). Some images on this website were obtained from public domain image websites.
Our Terms of Use
You agree not to sell, license, rent, redistribute, retransmit, modify, adapt, edit, alter or recreate any content in whole or in part, of this site. However, you may print or download one copy of the materials or content on this site on any single computer for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. Any and all use of this site whether in whole or in part, without written permission from Michelle Clancy (Owner) is strictly prohibited. Clancy Creations name and all logo's, and slogans are all trademarks or service marks of Clancy Creations and are not to be used in any way without written permission from Michelle Clancy (Owner). All other trade names used are the property of their respective owners and have been used on this site with permission from their respective owners.
Clancy Creations Hosting Terms of Service
Effective November 04, 2007: Please take the time to read through our Hosting Terms of Service, as you will be expected to abide by the following if you choose to host your website with Clancy Creations Web Hosting.
Acknowledgment and Acceptance
Clancy Creations Web Design ("Provider") shall provide electronic services to an individual or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at Terms of Use.
This TOS shall be binding on both Provider and Client and shall include but not be restricted to, all services ("Service") provided at or by, ClancyCreations.com. In this TOS, "we", "our" and "us" means Provider and "you", "they" or "their" means Client.
Provider reserves the right to change these TOS from time to time, at its sole discretion and without notice. It is the Client's responsibility to be familiar with and to provide themselves with, a current copy of our TOS.
Provider reserves the right to refuse and/or terminate the Service, to any individual or organization for any; legal, moral or ethical reasons, or that is deemed by Provider to be unsuitable.
Description of Services
Hosting
Provider will give Client the ability to store Web pages, data, and files; plus various types of scripts, that shall be accessible via the Internet and the World Wide Web and be considered to be Hosted by Provider.
For access to any Service rendered by Provider, Client must:
Provide all equipment, including a computer and communications device(s) necessary, to establish and maintain their own connection to the Internet and the World Wide Web.
Provide for their own method of access to the Internet and the World Wide Web plus pay for any fees (including, but not limited to, telephone service(s) or other telecommunications service) associated with such access.
Provide their current and valid ISP eMail address.
In consideration for using any Services of Provider, Client agrees to:
Provide complete and accurate information about the Client as requested by the Provider or approved Agent of Provider.
Maintain and update this information as required to keep it current, complete and accurate.
At all times, maintain a level of common courtesy and respect when dealing with Provider. Abuse will not be tolerated in any communications between any personal of Provider, their agents, third-party representatives or other Clients of Service. Abusive language can include, but is not limited to, foul or vulgar language, threats, or stated intentions to do harm to Service.
If any information provided by Client is; inaccurate, false, or fraudulent, Provider retains the right to terminate any and all of the Service provided to Client and rights to use the Service, with or without notice. Client agrees in this case, it is the prerogative of the Provider as to whether there will be any reimbursement for any unused portion of pre-paid fees for the Service.
The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is subject to Internet regulations, policies and procedures.
Provider Responsibilities:
Server(s) will be maintained on a regular basis.
Due diligence for security will be made according to best practice of Provider.
Current versions of Control Panel be available with respect to a reasonably functional version.
Current versions of L.A.M.P. (Linux, Apache, mySQL, PHP) be provided with respect to already functional Server(s).
When possible, an eMail warning or notice of disruption or potential disruption to Service with reason why, to be acted upon by Client and allow for them to make correction(s) in a timely manner.
Client Responsibilities:
Knowledge of or the ability to learn on their own, how to operate programs such as; an email and FTP program, the various features of the Control Panel.
Checking and correcting errors created by Client Web pages, scripts or any other errors, created through Client's use of Service. Daily checking of a specific eMail address, to be provided within the "Welcome" eMail, for messages from Provider and acting upon them in a timely manner.
Communication is always of utmost importance and without it, there can be no common ground. It is always to the benefit of each party involved, to use communication for resolving differences or making arrangements that are agreeable.
These Expectations do not absolve or indemnify, Provider or Client of specific terms and obligations mentioned elsewhere in this TOS.
Bandwidth
Client may occupy only the amount of disk space provided to client on the Providers Server and utilize no more than the network bandwidth that is allotted by to client. Additional fees, specified in the Hosting Plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
Backups
While Provider shall make every reasonable effort to protect Client's Web pages, data and files stored using the Service, Provider is not responsible for theft, loss of, or damage to them. Client is solely responsible for maintaining backups of all of their own Web pages, data and files, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or suspected by Client.
Disclaimer of Warranties
Provider makes no warranties, representations, or assurances that Client or anyone else's equipment will be compatible with the Service. Client expressly agrees that use of the Service is at Client's sole risk. The Service is provided on an "AS IS, AS AVAILABLE" basis. Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or use and non-infringement.
Provider makes no Warranty that the service will meet Client's requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does Provider make any Warranty as to the results that may be obtained from the use of the Service or as to the accuracy of reliability of any information obtained through the Service or that defects in the software will be corrected.
Client understands and agrees that any Web pages, data, or files downloaded or uploaded for storage through the use of the Service is done at the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data that results from use of the Service.
No advice or information, whether oral, written, obtained by Client from Provider or through the Service shall create any warranty not expressly made herein.
Provider makes no warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.
Copyright and Ownership
Client agrees that all website materials, including, but not limited to, content, graphics, scripts, programs and any other website materials is the property of client or client has permission to use such materials.
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Provider is in violation of any local, state, federal or non-United States law or regulation, is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. The Customer agrees to indemnify and hold harmless Provider from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Hosting Privacy Policy
The policy of Provider is to respect the privacy of its Client's, as well as the privacy of all those conducting business through use of the Service. Although, Client grants Provider the right to disclose information about the Client and their use of the Service, if Provider is required to disclose such information by any applicable law or legal process served on Provider and/or Provider deems it necessary to use third-party credit reference or collection agencies, security agencies, or any others, under a duty of confidentiality to us and any of our actual or proposed assignees or transferees of our rights with respect to you, to use at Providers discretion.
Client acknowledges and agrees that Provider does not endorse the contents of any Client communications or use of the Service and specifically disclaims any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
Client acknowledges and agrees that certain technical processing of communications and their content may be required to:
Communicate with Client's of Provider
Conform to connecting networks technical requirements
Conform to the limitations of the Service
Conform to other similar requirements
Provider may at times monitor the use of the Service by and between Client and Third parties and the Service itself. There may also be times when, for the benefit of the Service as a whole, Client related processes will need to be stopped and/or have alterations done to certain files. Client agrees that Provider has their permission to perform these alterations when needed; at the discretion of Provider and without prior warning.
Payment Policies
Provider reserves the right to change prices at any time and prices are only guaranteed for the term of pre-payment.
Client agrees they are responsible for keeping current with all monies owed for the Service, from the time the Service was established to the time that Client notifies Provider of intent to terminate the Service and Client has received an acknowledgement from Provider of said intent. Any delinquency for the Service not brought current within three (3) Calendar days, inclusive, of eMail notice from Provider, is subject to Suspension of the Service. If the delinquency is not brought current within a further two (2) Calendar days, inclusive, the Service will be Terminated and any Agreements deemed to be terminated.
Provider reserves the right to Suspend or Terminate Client Service at anytime, for non-payment or payment delinquency.
Refund of Payment
The Hosting Service provides for a 30 Day Money Back Guarantee, inclusive from the first day of Service to the 30th day. The 30 Day Money Back Guarantee expires on the 31st day with day one being the day when the order for the Service was placed. If Client is not satisfied with the Service or for any reason they deem worthy and decides to invoke the 30 day refund policy, Client will receive a full refund of the Hosting amount, paid at the time of ordering the Service and minus any applicable setup fee(s). Termination of Service by Client, must be done, either in writing and submitted through the Postal service and addressed to the current Mailing Address of Provider or, by using eMail with the "FROM" address being the Client's ISP assigned eMail address on file with Provider and stating the Domain name their account is currently hosted under. No other methods are acceptable and Client must respond to any contact made by Provider with regard to Termination. There will be NO REFUNDS given after the 30 day initial period.
Termination of Service
Provider reserves the right to Terminate at any time, Client access to the Service when Provider decides the Service has been inappropriately used. If Provider institutes its right of Termination then all fees paid in advance of Termination will be forfeited. There are NO REFUNDS after the 30 day initial hosting period. If it is discovered and proven to the satisfaction of Provider that the Client is using the Service for an Illegal purpose, Client will be considered in violation of these TOS and the Service shall be immediately terminated. All fees and/or pre-paid amounts shall be deemed forfeited and non-refundable. Illegal purpose shall include but not be restricted to; all applicable Local and Federal laws of Kansas City, Missouri, USA and International laws and regulations. Termination shall be accompanied by eMail notice to the ISP assigned eMail address provided by Client and currently on file with Provider. Under certain circumstances described within this TOS, Provider may terminate Service with or without notice. Provider shall not be liable to Client or any third party for termination of the Service. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.
Client understands and agrees, Provider reserves the right to conclude when they are in violation of this TOS, and may come to such a conclusion even if it is only based upon opinion or belief of Provider.
Not Allowed
The Service will not be used for any of the following and are considered as a violation of these TOS:
Web Sites having only an IP address
Web Sites having a blank Index page (min 100 characters of Content)
Directory or File names using other than English characters
Sites related to or Web pages linking to, using money to Gamble or make Bets of any kind and/or instruction or methodology of such Illegal activities or materials, including but not limited to materials that may violate another's intellectual property rights
Promoting or linking to; pornographic, sexually explicit, violent, lewd or obscene materials
Anything that constitutes promotion of Spam or UCE Warez, Pirated or otherwise related to, illegal software for use or sale
Chat Rooms other than included by Provider
MP3s of others (any created and Copyrighted by Client is fine)
IRC Bots
Attempts to undermine or cause harm to other Client's
Matt Wright FormMail script - any version
Any other reason that is deemed by Provider to be unsuitable
These Scripts (any version) are not allowed without pre-approval:
UBB [ http://www.infopop.com/ ]
YaBB [ http://www.yabb.info/ ]
Ikonboard [ http://www.ikonboard.com/ ]
Any Forum script using Perl coding for the database
Abuse of Service
Provider realizes that abuse of Service can be done intentionally or unintentionally. In all cases, abuse of Service will be determined by Provider, will not be tolerated and must be stopped and/or corrected. Client agrees that their use of Service regarding any type, format or process used by their account and that uses 15% or more of Server resources, per instance, for more than 30 continuous seconds, is subject to being shutdown and/or Client will be requested to remove it.
Note: Approx. 99% of scripts use less than 15% of Server resources at any one time.
Abuse of Service can also include Excessive Errors generated by Client Web pages, scripts or other use of Service by Client. Client will receive notice of Excessive Errors from Provider and agrees to correct or remove, any such files creating the Excessive Errors within, maximum 48 hrs. from time of notice, else, Provider has the option of resolving the Excessive Errors to best judgment of Provider. Notice shall be by eMail sent to a specific eMail address using the Domain name of the Client's Hosting account with Provider. Client has agreed elsewhere in these TOS to accept and read eMail sent to that address within 24 hrs.
Client agrees and maintains that Provider may or may not, charge a US $25.00 Maintenance fee, when Client has not resolved said Excessive Errors within 48 hrs. of notice and Provider has to resolve said Excessive Errors. Client also agrees and maintains, Provider has the option to first correct Excessive Errors to best judgment of Provider, before notifying Client. In those cases Client will not have to pay any Maintenance fee. Only when 48 hrs. of notice to Client has passed and Excessive Errors still remain, will Provider determine what action is be taken, including but not limited to, if any maintenance fee is to be paid.
Guidelines of Excessive Errors generated by any means.
7 per second
12 per minute
60 per day
Client will be able to verify all cases of Errors and Excessive Errors, by viewing their own Error Log as provided within the Control Panel.
Indemnification
Client agrees to defend, indemnify, save and hold Provider harmless from any and all claims, actions demands, including reasonable attorneys fees, liabilities, judgments, damages, settlements, losses and costs, made by any third party due to or arising out of use of the Service, violation of this TOS, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity. Client also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of Provider.
Governing Law
This TOS shall be governed by and construed in accordance with the laws of Kansas City, Missouri. Client and Provider agree to submit any legal action involving any disputes of this TOS to the exclusive jurisdiction of the courts of Kansas City, Missouri. If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties. Provider's failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by Provider in writing.
Limited Liability
Client is solely responsible for the contents of its transmissions and communications through the Service. Client's use of the Service is subject to all applicable Local, State and Federal laws of the USA and International laws and regulations. Client agrees that any and all use of the Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by Provider as to the accuracy or reliability of the Service, unless otherwise expressly stated in this TOS. Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use of the Service.
Entire Understanding
This TOS constitutes the sole agreement between Provider and Client with respect to the subject matter hereof and shall be attached to any use of the Service. The parties hereby confirm that they each require that this TOS and all documents and notices in connection therewith be drawn up in the English language.
Website Privacy Policy
Your information will never be sold or exchanged, ever, PERIOD! We respect the privacy of all our clients! This site does not use cookies, however, we do monitor all IP addresses that access and use this site for general demographic information. This is used solely for the purpose of analyzing site traffic, page hits and monitoring user trends. Your IP address is never in anyway linked to your personal identifiable information.
Contacting Us
If for any reason you may have questions or concerns about our privacy policy, terms of use, copyright or anything else related to this site, you may contact us at anytime. To report any unacceptable behavior by any third party, client or otherwise, or any violations of this TOS, please contact us.
Clancy Creations
P.O. Box 46675
Kansas City, MO. 64188-6675
(816) 479-2000
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