Privacy Policy Statement

CleverDot NEVER sends (or sent) unsolicited email, this is strictly against our polices and professional ethics, this statement will provide you all the info about our privacy policy, if you have further questions or wish to be completely removed from our records please don't hesitate to contact us.

This is the web site of CleverDot.com. We can be reached via email at support at cleverdot.com or by raising a ticket.

Collected Information and its use

For each visitor to our Web page, our Web server automatically recognizes the consumer's domain name and email address (where possible). We collect the domain name and email address (where possible) of visitors to our Web page, the email addresses of our members and/or clients, the email addresses of those who post messages to our bulletin board, the email addresses of those who communicate with us via email, the email addresses of those who make postings to our chat areas, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Web site, not shared with other organizations for commercial purposes, shared with other organizations and/or partners and/or third party providers of CleverDot for clients accounts management and/or maintenance and/or processing reasons only.

Cookies

With respect to cookies: We use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, alert visitors to new areas that we think might be of interest to them when they return to our site, record past activity at a site in order to provide better service when visitors return to our site , ensure that visitors are not repeatedly sent the same banner ads, customize Web page content based on visitor's browser type or other information that the visitor sends.

Future Correspondence and opting-out

If you do not want to receive email from us in the future, please let us know by sending us email at the above address. If you supply us with your postal address online you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending us email at the above address. Persons who supply us with their telephone numbers online may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by sending us email at the above address. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by sending us email at the above address.

Ability to view or change stored information

Upon request we provide site visitors with access to unique identifier information (e.g., customer number or password) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., emails, customer inquiries), contact information (e.g., name, address, phone number) that we maintain about them , a description of information that we maintain about them. Consumers can access this information by email us at the above address. Upon request we offer visitors the ability to have inaccuracies corrected in contact information, financial information, unique identifiers, transaction information, communications that the consumer/visitor has directed to the site. Consumers can have this information corrected by sending us email at the above address.

Sensitive Information

With respect to security: When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server or to a secure payment gateway and will notify visitors through a pop-up screen or a message on our site. Financial information such as the above is collected during: domain name registration process, ordering a web hosting account or any other paid service or product CleverDot provides. When placing and order with CleverDot we require you to provide: credit card number, phone number and billing address.

Domain Registrations and ICANN Policies

CleverDot is an OnlineNIC's (ICANN accredited registrar) domain names platinum reseller, as a domain or a future domain owner please note that Information entered on our website or given to us in any way is collected and stored in our system and in OnlineNIC's system. Internet Corporation for Assigned Names and Numbers ("ICANN"), an organization that assumes responsible for domain name allocation, requires information about you during the domain name registration process. The information includes: name, address, phone number, email address and fax. How the information is shared: It is required by ICANN that your name, address, phone number, email address and fax together with the creation and expiration dates of your domain name registration and the nameserver information associated with your domain name, be made available to the public via an interactive Web page and a "port 43" WHOIS service. Please note that CleverDot may not be able to control how members of the public may use the Whois information.

Sites Other than CleverDot

CleverDot will not be responsible for content or privacy policies of other Web Sites such as advertisers we may link to or those which link to our site. This Privacy Statement is only responsible for the information collected on CleverDot's site. If you feel that this site is not following its stated information policy, you may contact us at the above email address.

Disclaimer

Incase a client sent out unsolicited email or used our services and/or servers to perform any kind of an illegal activity, or in a case a client breached one, part or all of the terms of service and/or agreements, we reserve the right to share the client's details with investigators and law enforcement authorities.

DOMAIN NAME REGISTRATION AGREEMENT

1. Introduction

CleverDot is an OnlineNIC's (ICANN accredited registrar) domain names platinum reseller, as a customer of CleverDot you are obligated to this agreement. This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the domain name registration services of OnlineNIC and/or CleverDot to register an Internet domain name , as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule, dispute policy and any rules or policies that are or may become effective when published by OnlineNIC and/or CleverDot. This Agreement will become effective if accepted by OnlineNIC and CleverDot. OnlineNIC is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between OnlineNIC and ICANN ("ICANN Agreement"). CleverDot is an OnlineNIC domain names platinum reseller under an agreement between CleverDot and OnlineNIC. You acknowledge that OnlineNIC and/or CleverDot may modify this Agreement if necessary to comply with OnlineNIC's ICANN Agreement, or otherwise.

2. Selection of a Domain Name

We do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us, pursuant to the indemnification provision below.

3. Fees and Payment

As consideration for the domain name registration services provided by OnlineNIC and CleverDot to you, you agree to pay OnlineNIC (via CleverDot's site/interface), at the time of submitting your application for registration, all applicable initial registration fees and renewal fees in accordance with CleverDot's fee schedule published at CleverDot's website. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that OnlineNIC and/or CleverDot shall have no liability whatsoever with respect to any such cancellation.

4. Charge Backs

You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reserved payment. OnlineNIC and/or CleverDot will decide at their sole discretion whether to hold the name in their own portfolio(s) or to release it for use by others.

5. Dispute Policy

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy ("Dispute Policy") which is incorporated into this Agreement by reference and made a part of this Agreement. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy provisions in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold OnlineNIC and CleverDot harmless pursuant to the terms and conditions contained in the Dispute Policy. OnlineNIC may modify the Dispute Policy with the permission of ICANN at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

6. Use of Your Information

As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, email address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, email address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data. You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by OnlineNIC and/or CleverDot concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You acknowledge that OnlineNIC and/or CleverDot will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that OnlineNIC and/or CleverDot may or must make available to the public or to private entities. OnlineNIC and/or CleverDot will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in OnlineNIC's and/or CleverDot possession to review, modify or update such information.

7. Use Policies

OnlineNIC, Inc. and/or CleverDot will suspend or stop the use of the domain name including (but not limited to) modifying DNS, modifying registration information or delete domain name without further notice, no refund of the registration fee or renewal fee if (1)a registered domain name is purposely used to send out mass spams like mass unsolicited, commercial advertising or solicitations and so on, (2)or used to send out retroactive, pornographic or other harmful emails that violate the country laws and rules, (3)or used to receive the returned emails of the above emails, (4)or used to resolve, point or forward to the website with harmful information that violate the country laws and rules, (5)or used to do other illegal actions.

8. Agents and Licenses

You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy. You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

9. Limitation of Liability

YOU AGREE THAT ONLINENIC AND/OR CLEVERDOT WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ONLINENIC'S AND/OR CLEVERDOT'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND ONLINENIC AND/OR CLEVERDOT; (e) EVENTS BEYOND ONLINENIC'S AND/OR CLEVERDOT'S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, ONLINENIC AND/OR CLEVERDOT WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ONLINENIC AND/OR CLEVERDOT HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ONLINENIC'S AND/OR CLEVERDOT'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ONLINENIC AND/OR CLEVERDOT FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify and hold harmless OnlineNIC and CleverDot and any applicable domain name Registry, including Network Solutions Inc.,and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

11. Representations and Warranties

You represent and warrant that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is complete and accurate. OnlineNIC and/or CleverDot make no representations or warranties of any kind that registration or use of a domain name under this Agreement will protect you either from challenges to your domain name registration or from suspension, cancellation or transfer of the domain name registered to you.

12. Breach and Revocation

Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by OnlineNIC and/or CleverDot. If you fail to cure the breach, OnlineNIC and/or CleverDot may suspend, cancel, transfer or modify your registration of the domain name. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including OnlineNIC) and/or CleverDot or registry administrator procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by OnlineNIC and/or CleverDot, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name. You also agree that OnlineNIC and/or CleverDot shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as OnlineNIC and/or CleverDot receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

13. Change in Registrar

NSI policy permits Registrant to change its Registrar for an existing domain name. You agree that you can change the Registrar only in accordance with the policy or other policy from time to time provided by ICANN. The policy provides: (a). Each change of Registrar requires you to enter into a new two year Registration Agreement and to pay the appropriate registration fee;(b). You obtains no refund of any part of the fee paid to existing Registrar.

14. Notices

You agree that any notices required to be given under this Agreement by OnlineNIC and/or CleverDot will be deemed to have been given if delivered in accordance with the contact information you have provided.

15. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions, which shall continue to be binding.

16. Governing Law

This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, except as may be set forth in the Dispute Policy. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the OnlineNIC and/or CleverDot sites shall be brought exclusively in the United State District Court for the District of California.

17. General

This Agreement, the OnlineNIC and/or CleverDot fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and OnlineNIC and/or CleverDot, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of OnlineNIC and/or CleverDot to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by OnlineNIC and/or CleverDot of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. OnlineNIC and/or CleverDot will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of OnlineNIC and/or CleverDot as reflected in the original provision. No provision of this Agreement, including the OnlineNIC and/or CleverDot fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by OnlineNIC and CleverDot.

ID SHIELD SERVICE AGREEMENT

PLEASE READ THIS ID SHIELD SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. BY USING THE ID SHIELD SERVICES ("IDS SERVICES"), YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT THE "SERVICE PROVIDERS" (DEFINED BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED THE IDS SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDS SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE THE IDS SERVICES. CONTINUED USE OF THE IDS SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

 

This Agreement is by and between Domain ID Shield Service Co., Limited., a corporation registered in Hong Kong, China ("Backend Service Provider"), the party, if any, other than the Backend Service Provider who makes the IDS Services available to you ("Primary Service Provider;" Backend Service Provider and Primary Service Provider, if any, being together referred to herein as the "Service Providers"), your heirs, executors, administrators, agents, successors and assigns ("You," "Your," and other appropriate formatives). This Agreement sets forth the terms and conditions of your relationship with the Service Providers and Your use of the IDS Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You establish to obtain the IDS Services, whether or not the transactions were on Your behalf and/or authorized by You. You agree that you will be bound by representations made by third parties you use to obtain the IDS Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy," http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of Your domain name registration with Your registrar (the ICANN-accredited person or entity through which You register a domain name). This Agreement is in addition to domain name registration agreement(s) entered into by you and a registrar when you register or renew domain name registration(s).

THE IDS SERVICES

If you subscribe to the IDS Services, each domain name registration which you control and which You designate ("IDS Domains") will thereafter be registered in the name of the Backend Service Provider, as registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not your personal information) will be made publicly available in the "Whois" directory for each IDS Domain:

The Backend Service Provider's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts ("IDS Addresses");
The primary and secondary domain name servers you designate for the IDS Domain;
The IDS Domain's original date of registration and expiration date; The identity of your registrar, domain name service provider (if different from registrar) and the status of the IDS Domain with the registrar (such as, "active," "Registrar Lock," "client hold," etc.).

While you will not be listed as the registrant for the IDS Domain(s), and other than as described in this Agreement, the Backend Service Provider will not act to control the IDS Domain(s). You will retain the right to sell, transfer, or assign each IDS Domain; You will retain the right to control and set the DNS settings for the IDS Domain(s); You will retain the right to renew each IDS Domain name registration upon expiration (subject to your registrar's applicable rules and policies); and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your IDS Domain(s), subject to the remaining provisions of this Agreement.

IMPORTANT: THE IDS SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that you will not provide any third party with the IDS Addresses for the purpose of having such third party transmit communications to you through the Backend Service Provider. Third parties may obtain the IDS Addresses listed in the Whois directory by their own initiative, but you agree that you will not be the one to provide the IDS Addresses to such third parties.

PROVISION OF PERSONAL INFORMATION

You agree that for each IDS Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:
Your name, address, email address, postal address, phone and fax numbers;
The name, address, email address, postal address, phone and fax numbers for the IDS Domain's administrative, technical, and billing contacts; The primary and secondary domain name servers for the IDS Domain;

You agree to: (i) update this information immediately as it changes over time; (ii) respond within three (3) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your IDS Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that Backend Service Provider may point Your IDS Domain(s) to an IP address of Backend Service Provider' choosing until such time as You supply primary and secondary domain name servers.

RENEWALS AND FEES

For domain name registrations which are serviced by a registrar other than a Service Provider: If available as an option and if such option selected by You, You agree that either Service Provider shall be authorized to contact your domain name registration service provider on Your behalf (and using the credit card provided by You) to renew the domain name registration of associated IDS Domains.

If Backend Service Provider elects to begin charging fee(s) to forward communications to you (see below), you agree that you may be required to pay such fees before the communications will be forwarded. Backend Service Provider may change its service and forwarding fees at any time. Backend Service Provider may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using Backend Service Provider's services. Payment shall be made by credit card unless other options are indicated in Your Account. You agree that charges may appear on the credit card statement under a descriptive provider identifier, such as "Domain Name Registration Services." Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by Backend Service Provider, You agree that Backend Service Provider may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that Backend Service Provider may assume complete ownership of the IDS Domain(s), that the IDS Domain(s) may be sold to third parties, or that the IDS Domain(s) may be to pointed to IP numbers of Backend Service Provider's choosing, and that Backend Service Provider may immediate cancel Your Account and all services provided to You.

IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF IDS SERVICES AND REGISTRATION TERM OF AN ASSOCIATED IDS DOMAIN: You understand that your IDS Services term begins on the date Your attempt to procure the IDS Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order. You understand that the IDS Services term may be different than the registration term of the IDS Domain which is associated with the IDS Services. If an IDS Domain expires and is deleted before the end of the term of the associated IDS Services, then the IDS Services associated with the domain will end. While if the IDS Domain is renewed, and the IDS Services term will also be renewed.

YOUR REPRESENTATIONS & WARRANTIES

You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that you will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the IDS Services in good faith and that You have no knowledge or reason to believe that Your IDS Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the IDS Services nor IDS Domain(s) will not be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email ("Spam").

SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

In the event of any of the following: If the IDS Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties; If you breach any provision of this Agreement or an anti-Spam policy of either Service Provider; If you breach any provision of Your registrar's Registration Agreement; If necessary to protect the integrity and stability of the applicable domain name registry; If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; If Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the IDS Services or an IDS Domain; If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use a service such as ID Shield); If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; OR if it comes to Backend Service Provider's attention that You are alleged to be using the IDS Services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information, THEN You understand and agree that Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDS Services, close Your Account, terminate provisionment of the IDS Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of IDS Domain, or take any other action which Backend Service Provider deems necessary.

In the event Backend Service Provider takes any of the actions set forth above or in the event you elect to cancel the IDS Services for any reason, neither Service Provider will refund any fees paid by you for the IDS Services.

You also acknowledge and agree that Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the IDS Services during the first thirty (30) days after You procured the IDS Services, and/or suspend Your rights under this Agreement and list the IDS Addresses during resolution of a dispute or investigation of allegations.

Terms of service and description of procedures

Besides you fax your report of abuse and/or infringement of trademarks or other rights of third parties of an IDS domain to its service provider whose identity and abuse contact has been published on http://www.onlinenic.com/idshield/, you may navigate to our ticket center http://support.onlinenic.com/ and submit your report regarding any abuse or infringement of trademarks or other rights of third parties. Your report will be evaluated and acted on where appropriate. Please understand that your report might not be replied unless we need to contact you with additional information for investigation. In the event that the reported domain name who is associating with ID Shield service is involved in abuse or infringement of trademarks or other rights of third parties upon valid evidence, we will detach the domain name from ID shield service and publish its Registration Data Service.

Onlinenic will be providing customer support to Onlinenic customer who is using IDS on behalf of IDS service provider. To reach Onlinenic customer support, please visit http://www.onlinenic.com/support/.

FORWARDING COMMUNICATIONS

You agree that Backend Service Provider will review communications sent to the IDS Addresses associated with Your IDS Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or postal mail which does not appear to be unsolicited commercial mail, Backend Service Provider may either i) forward such communication to You or ii) may attempt to communicate to you a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that Backend Service Provider may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertize the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the IDS Services as a general mail forwarding service (see section 1, above). You authorize Backend Service Provider to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded to you by Backend Service Provider, including failures which arise from Backend Service Provider's mistake in judging whether a communication appears to be an unsolicited communication.

Email. The Whois directory generally requires an email address for every purchased domain name registration. When you purchase IDS Services, Backend Service Provider creates an email address for that domain, " @domainidshield.com". Thereafter, when messages are sent to the email address listed in the IDS Address, Backend Service Provider forwards such messages to the email address you listed in section 2. If such email address becomes non-functioning or if email to such address bounces, Backend Service Provider is not obligated to attempt to contact You through other means. You agree that Backend Service Provider may elect, in Backend Service Provider's sole discretion, to allow You to access Your Account and view email sent to the IDS Addresses, though such alternative means of servicing Your Account is an option and not a requirement.

Your Obligation to respond to communications from the Backend Service Provider: When Backend Service Provider receives a communication which may warrant forwarding to You, per the terms of this Agreement, Backend Service Provider will send an email to the email address You provided to Backend Service Provider pursuant to section 2. The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that Backend Service Provider may allow you to access Your Account to view full or partial scanned copies of (non-email) communications sent to the IDS Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You. In either event, you will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If you do not respond within this time period, the communication(s) will not be forwarded. Method of forward will be determined by Backend Service Provider. Communication(s) may not be immediately forwarded upon your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The Backend Service Provider may begin charging fees for forwarding communications or may change the method by which communications are forwarded without written notice.

In the event You do not respond to communications from the Backend Service Provider regarding communications received at the IDS Address, Backend Service Provider may immediately reveal the information You provided pursuant to section 2 and/or cancel the IDS Services regarding either the IDS Domain in question or with respect to all of Your IDS Domains, depending on the circumstances. This means the Whois directory will revert to displaying your name, postal address, email address and phone number. This action would be taken because Backend Service Provider will not become involved in any legal or other matters between you and third parties.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE IDS SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY AND BACKEND SERVICE PROVIDERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

You further understand and agree that the Primary and Backend Service Providers disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or misdelivery between You and the Service Providers; (iv) the failure for whatever reason to renew the IDS Services; (v) the unauthorized use of Your Account or any of the Service Provider's services; (vi) errors, omissions or misstatements by either Service Provider; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your IDS Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).

YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS' RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER IDS DOMAIN.

INDEMNITY

You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the IDS Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDS Domain(s).

BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER

THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE BACKEND SERVICE PROVIDER OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEB SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF BACKEND SERVICE PROVIDER'S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

COPYRIGHT & TRADEMARK

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the Backend Service Provider web site, are shielded by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Backend Service Provider reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using any of the afore-described content and materials without the written permission of Backend Service Provider. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

MISCELLANEOUS PROVISIONS

Severability; Construction; Entire Agreement.
You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to

Governing Law; Venue; Waiver Of Trial By Jury

This Agreement shall be construed, governed and interpreted in accordance with the laws of the People's Republic of China. All disputes arising out of or in connection with this Agreement as well as any related domain name registration disputes (collectively, the "Disputes") shall first be settled through good faith negotiations between the parties. If such negotiations fail, the Disputes shall be submitted to the People's Courts of proper jurisdiction at Xiamen, Fujian Province, People's Republic of China. Parties to this Agreement hereby acknowledge and consent that People's Courts at Xiamen, Fujian Province, People's Republic of China have exclusive subject matter and personal jurisdiction over the parties to this Agreement and the Disputes.

Term of Agreement; Survival.

The term of this Agreement begins on the date Your attempt to procure the IDS Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the IDS Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

Web Hosting Terms Of Service

CleverDot provides World Wide Web hosting, Domain Registration Service, Marketing, and Development solutions. CleverDot has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Server Abuse

Any attempt to undermine or cause harm to a server, or to a customer of CleverDot is strictly prohibited. CleverDot will step into serious action for any kind of on authorized use of accounts and computers, such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Possible actions are including but not limited to warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Hosting accounts will be terminated immediately without prior notice and with no refund, in cases that they include content or which have links to one or more of the following: pornographic content, promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual, acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs or any type of cracker utilities. Hosting accounts will be terminated immediately without prior notice and with no refund, and the account's owners and operators will be reported immediately to the proper authorities, in cases that they include content or which have links to: child porn, bestiality (sex with animals), etc. Violations of these policies should be referred to abuse at cleverdot.com or by raising a ticket. All complaints will be investigated promptly. Programs which put high loads on shared servers are not allowed, this includes Forums (IKONBOARD), Message Boards, IRC Chats and any program or script in any language which performs a high load on the CPU. Please note that forums and message boards which don't overload the CPU are allowed.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (Spam) are not allowed in email, and will result in account cancellation. Such as: Unsolicited bulk or commercial messages ("Spam"). This includes, but is not limited to bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth Spam will be terminated without warning and with no refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. If CleverDot finds you Spamming, your entire account we will suspended without prior notice.

Payment Policies

All accounts are billed and charged according to the agreement between CleverDot and the Customer. Customers will be billed on arranged cycles automatically. You have the right to cancel your account at any time for any reason. In situations where the card number on file is declined CleverDot will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, CleverDot reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends a cancellation request. All invoices will be sent directly to clients via email shortly after the online purchase has been made.

Money Back Guarantee

CleverDot Provides a 100 Day Money Back Guarantee only for new web hosting accounts, excluding domain registration or web hosting specials or web hosting + domain name specials or any other plan, package, product or service we offer. Whenever you wish to cancel your new web hosting account, for any reason in the prior 100 days, a full refund will be credited to your account. Note regarding domain registration: Domain Registration includes Internic Fees which are not refundable for us Either. In general Money Back Guarantees do not apply to domain registrations anywhere on the internet. Note regarding account cancellations: Account cancellations must be done at least 5 days prior to the next billing cycle in order to prevent the following months charge. This does not apply to the first 100 days of service, and a 100 day full money back and refund is guaranteed.

Disk And Bandwidth Overages

All CleverDot accounts come with specified disk space and bandwidth. If you wish to upgrade your Web Space or bandwidth please contact our sales department at sales at cleverdot.com or raise a ticket.

Intellectual Property Rights

Material accessible to you through CleverDot's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use CleverDot or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the CleverDot. If you use a domain name in connection with CleverDot or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the CleverDot network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. CleverDot will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Lawful Purpose/AUP/RUP

Customer agrees to use the service in compliance with applicable law and CleverDot.com's Acceptable Use Policy posted below - the "AUP", and with the Resource Usage Policy posted below - the "RUP", which is hereby incorporated by reference in this Agreement. Customer agrees that CleverDot.com may, in its reasonable commercial judgment consistent with industry standards, amend the AUP and/or the RUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP and/or the RUP are effective on the earlier of CleverDot.com's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with CleverDot.com?s reasonable investigation of any suspected violation of the AUP and/or the RUP. In the event of a dispute between CleverDot.com and Customer regarding the interpretation of the AUP and/or the RUP, CleverDot.com's commercially reasonable interpretation of the AUP and/or the RUP shall govern.

Backups

Customer agrees to maintain a current copy of all content hosted by CleverDot.com nothwithstanding any agreement by CleverDot.com to provide backup services. It is the client's responsibility to maintain local copies of their web content and data. The "Backup Manager" is included in each hosting plan and clients are encouraged to use this tool to backup their files. Please contact our support staff if you need any assistance with the "Backup Manager".

Limitation Of Liability

CleverDot does all within its power to keep its systems running properly. However, the clients should be aware of the fact that CleverDot services depend on things that are beyond CleverDot control. For example, server/service downtime can be caused by any of the following: server failure, hard drive crash, hackers attack, downtime of service of any of our providers, downtime or interventions of any third party, acts of God, etc. CleverDot services and tools are provided on an available basis, as is, without warranties of any kind, either expressed or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, loss of data or non-infringement. CleverDot is not responsible in anyway, directly or indirectly for any damage or loss resulting of using its services. CleverDot shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CleverDot servers going off-line or being unavailable for any reason whatsoever. Furthermore, CleverDot shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of CleverDot servers. All damages shall be limited to the immediate termination of service.

Disclaimer

CleverDot cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by CleverDot are resold. Thus, certain equipment, routing, software, and programming used by CleverDot are not directly owned or written by CleverDot. Moreover, CleverDot holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as CleverDot sees fit. These terms may be modified at any time and without prior notice, and they apply to all account owners, previous and current.

Acceptable Use Policy (AUP)

This AUP governs the use of CleverDot.com’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and CleverDot.com regarding the interpretation of this AUP, CleverDot.com’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact sales at cleverdot.com or raise a ticket.

Table of Contents:

• Offensive Content
• Security
• Bulk Commercial email
• Unsolicited email
• Material Protected by Copyright
• Copyright Infringement Notice
• Other
• Disclaimer
• **Internet Abuse**
• **Newsgroup, Chat Forums, Other Networks**

Offensive Content

You may not publish or transmit via CleverDot.com’s service any content that CleverDot.com reasonably believes:

• constitutes child pornography;
• constitutes pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person’s trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to CleverDot.com; or
• is otherwise malicious, fraudulent, or may result in retaliation against CleverDot.com by offended viewers.

Content “published or transmitted” via CleverDot.com’s service includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by CleverDot.com.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial email

You must obtain CleverDot.com’s advance approval for any bulk commercial email, which will not be given unless you are able to demonstrate all of the following to CleverDot.com’s reasonable satisfaction:

• Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and CleverDot.com’s requests to produce consent evidence within 72 hours of receipt of the request.
  
  The body of the email must describe how the email address was obtained, for example, “You opted in to receive this email promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your email address please contact us at abuse@your-domain-here.com”
• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
• You must post an abuse@your-domain-here.com email address on the first page of any Web site associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the “TO” line of the email; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your CleverDot.com service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your CleverDot.com service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers.

CleverDot.com may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited email

You may not send any unsolicited email, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your CleverDot.com’s services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

CleverDot.com will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the CleverDot.com network, please send your written notice of copyright infringement to abuse at cleverdot.com or raise a ticket.

Your notice must include the following:

• A photo/scan of a physical signature and/or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CleverDot.com to locate the material;
• Information reasonably sufficient to permit CleverDot.com to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must have valid and current information on file with your domain name registrar for any domain hosted on the CleverDot.com network.

Disclaimer

CleverDot.com is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the CleverDot.com network.

Inquiries regarding this policy should be directed to sales at cleverdot.com or by raising a ticket.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to CleverDot.com and its customers) without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the CleverDot.com’s network.
• Use of CleverDot.com’s network in a way that unreasonably interferes with CleverDot.com’s other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Resource Usage Policy (RUP)

This RUP governs the use of CleverDot.com’s web hosting service. Violation of this RUP may result in suspension or termination of your service. In the event of a dispute between you and CleverDot.com regarding the interpretation of this RUP, CleverDot.com’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this RUP, contact sales at cleverdot.com or raise a ticket.

What is the RUP?

The 'shared server' hosting environment is the hosting solution for our web hosting and reseller hosting plans. A server's resources, such as RAM (memory) and CPU (processor), amongst other things, are shared amongst all accounts on the server. We ensure that the server has plenty of capacity to meet the day-to-day needs of the vast majority of web sites, ensuring also that the demands for resources are met even at peak times. Given that resources are shared amongst all users, this also makes it possible for web sites to use too many resources to the detriment of other customers hosted on the same server. This can happen for many reasons, but the most common causes are due to poor coding, compromised accounts or a very abnormal huge influx of visitors to the site. Allowing sites to utilize more than their fair share of resources could lead to a poor quality of service for the remaining clients on the server.

We have drafted this policy to outline what we consider to be excessive usage of server resources, and to also exclude certain types of content and eliminate bad practices which almost always cause resource over-utilization. This policy stands in addition to our Policies and Agreements. The vast majority of sites won't even come close to these limits, and those that do will almost certainly be adversely affecting the service other clients on the server are receiving.

How are these policies enforced?

We have a number of automated systems which enforce the bulk our resource usage policy. If a site hits our "hard" limit, the server will automatically kill the process causing the problem to prevent the server being brought to a grinding halt, and may also suspend the web site in line with our Policies and Agreements. This action will only be taken in extreme cases where the violation could have caused service failure or a severe degradation of service - where possible we will work with you to resolve any issues without interrupting your service.

These policies are in place to protect 99.9% of our customers from the tiny fraction of sites that cause performance issues. We want you to enjoy the best possible hosting experience for your site - that is to say fast, and with the maximum possible uptime. The only way to do this fairly is to ensure that all users abide by the same set of principles, so no individuals can become a 'resource hog' to the detriment of others.

The Policies

Unsolicited Email / SPAM

Unsolicited email / SPAM carries not only a financial burden, but can also severely damage our reputation as a spam-free network. This damage can prevent legitimate email from being delivered via our network or servers. We therefore maintain a zero-tolerance anti-spamming policy. We prohibit the sending of SPAM or any unsolicited commercial email, being sent either over our network OR over any network if the email advertises or mentions in any way a site hosted on our network.

We do not permit email to be sent from 'bought' lists, you may only send email to lists that you yourself have collected. We are made aware of bought lists as they almost always contain spam trap email accounts, which are monitored by spam prevention groups.

In addition to the sending of bulk email, we prohibit account holders from cross-posting messages on a large number of newsgroups, websites or forums, and/or posting obscene or threatening messages whilst using or referring to an email address or website URL hosted on our network.

If you violate this policy then your account will be subject to a thorough investigation, and may be terminated without notice. Any damages will be prosecuted to the full extent of the law.

Content Restrictions

Adult Content
We do not permit pornography, including adult oriented pictures, videos, links to adult sites or sites containing content of a sexually explicit nature, including in written text, or which retail sex-related merchandising.

Backups, Storage Archives & FTP Storage Space
Hosting accounts are to be used for the purposes of hosting web sites - they are not to be used to back up content from remote computers, as a general purpose file storage system or as an FTP upload repository. We do not permit the storing of audio music or videos, unless these music and video files are being used specifically on your web site.

Chat Software
We do not permit real time chat software to be hosted from within your hosting account. Third party chat solutions that integrate with your website but are remotely hosted are permitted.

Web Applications
All third party web applications that you install must be kept up-to-date. Failure to keep third party applications up-to-date leaves them open to vulnerabilities, which can lead to the server being exploited. It is your responsibility to regularly check for updates to applications - we would suggest doing this once per month. Any applications which are being actively exploited will be automatically quarantined and we will contact you to advise you of the situation. If you decide to take no action, quarantined files will be automatically deleted after 14 days.

General
The following are strictly prohibited:

• Banner rotation services & link exchanges.
• Bit torrent or other peer-to-peer applications, trackers and clients.
• Offering of free or paid image, file, document or data storage.
• Offering free hosting or email services.
• Online RPGs, hate sites, sites that promote hacking, SPAM, warez content or other illegal activities.
• Material that infringes any rights (including Intellectual Property Rights) of any third party.
• Operating a public download mirror.
• Running a gaming server.
• Running a proxy server or anonymizer, either publicly accessible or password protected.
• Web spiders and indexers.
• IRC Egg Drops & Related Programs.
• UltimateBBS, Ikonboard, YaBB, YabbSE.
• Shell, SSH, Telnet Scripts and all alternatives.
• formmail.pl, formmail.php, formmail.cgi OR alternative names for the same script, except the secure version available for install from the Control Panel.
• Any script using a large flat file database.

Resource Usage Restrictions

Apache Connections

• No more than 40 simultaneous Apache connections are permitted from any one source.

Cron Jobs

• No defined cron job should execute more frequently than once every 10 minutes.
• All cron jobs must be 'niced' to 15 or greater (add nice -n 15 to the cron job).

Databases

• Accounts are restricted to 15 concurrent MySQL connections.
• Databases cannot exceed 2GB in size.
• Database queries cannot exceed 8,000 per hour.
• Database changes (insert/update/delete) should not exceed 2,000 queries per hour.
• Databases may not be accessed by externally hosted sites, except for the purposes of administering the database.

Emails

• Attachments larger than 25MB in size should not be sent by email.
• IMAP/POP Email Boxes must be no larger than 4GB each. Old mail can archived or deleted to remain below this limit.
• No more than 60 POP connections are permitted per hour.
• No more than 500 SMTP connections are permitted per hour.
• No more than 1000 emails may be sent per hour.
• Outbound emails should not be sent to more than 50 recipients at any one time.
• If you need to send mail to more than 50 recipients, mailing list software should be used. Any such software should be capable of throttling email sending to a maximum of 1 email every 5 seconds. Mailing software without this functionality is not permitted.
• Mailing lists can have a maximum of 5,000 recipients.
• Any mailing list over 1,000 recipients can only be sent between 2AM and 7AM EST weekdays, or any time at the weekend.
• Any emails sent to a mailing list must contain an unsubscribe link to an automated email removal system. This system must not be behind password protection.

Files & Folders

• Accounts may not exceed more than 150,000 inodes. Every file or folder in your hosting account uses up one inode.
• A folder cannot contain more than 5,000 immediate child files or folders, excluding files within child folders.

Processes
Any processes attributed to or initiated by your user account, must not:

• Consume more than 128MB RAM.
• Consume more than 30 seconds of CPU time.
• Create core dumps.
• Execute a script or binary that forks in a way to create a fork bomb, or spawn subprocesses.
• Run in the background.
• Listen to a network port.
• Open more than 30 files.
• Run more than 40 simultaneous processes.

CPU Usage - Websites
The total usage of all websites running within an account may not exceed these limits:

• Perform more than 1,300 dynamic page executions (PHP/CGI) in one hour.
• Perform more than 13,000 dynamic page executions (PHP/CGI) in one day.
• Consume more than 1,000 seconds of CPU time in one hour (realtime).
• Consume more than 10,000 seconds of CPU time in one day (realtime).

CPU Usage - Cron Jobs
The total usage of all cron jobs running within an account may not exceed these limits:

• Perform more than 60 executions in one hour.
• Perform more than 1500 executions in one day.
• Consume more than 500 seconds of CPU time in one hour (realtime).
• Consume more than 5,000 seconds of CPU time in one day (realtime).
• Consume more than 30 seconds of CPU time per execution (realtime).

Memory Usage
An account may not:

• Consume more than 128MB RAM per second of CPU time consumed

Shell Access

• You are not permitted to log into any other server or network from our servers.
• You may not use the "find" command recursively on folders more than 5 levels deep.