(This section is only
applicable if we are hosting your site on your behalf.)
Your website will
be managed by Click as a Flash and hosted by
Hostgator. They are the exclusive host of this and all our other
sites. Their quality and reliability of service and system hardware
The credentials of
this company are very impressive with a formidable array of services
and equipment. Nevertheless, Click as a Flash cannot take responsibility
for any downtime or failure of service that may happen, or subsequent
consequences thereof. We simply undertake to attempt to do whatever
is reasonable to keep your site successfully operating.
Click as a Flash has
no contractual connection with Hostgator®. We operate in good faith
but have no control whatsoever over their services, and make no guarantees,
real or implied, about their continued provision. In the event of a
failure of provision, we will endeavour to secure a replacement within
a reasonable period of time.
We accept no responsibility
whatsoever for any loss of business or damage to reputation etc due
to any downtime, failure or termination of your site's hosting by either
CAAF or Hostgator, for whatever reason, nor for any damages resulting
(for example any claim of loss of business.)
Neither Click as a
Flash nor Hostgator will be liable for any damages claim arising from
any failure of broadcast of any hosted site, for any reason. This includes
any failure of the internet itself whether through power failures, natural
disasters, acts of terrorism or any other downtime.
We as your webmaster
reserve the right to immediately and without notice or compensation
make deletions, alterations or termination of your hosting if we are
advised of any copyright or other legal violations by the appropriate
owners or relevant parties.
Any agreement to
host with CAAF also means you agree with the separate terms and conditions
It is necessary that
you become familiar with their own conditions as specified on their
Briefly, their disclaimers
state that hosting may be terminated without notice in the case of any
client who attempts to operate activities like hacking, spreading viruses,
sending unsolicited spam, or operating illegal, unethical, racist, pornographic
or terrorist sites, or publishing libellous, obscene, slanderous, defamatory
or similarly inappropriate material and so on. Any site not meeting
these requirements may be taken down without notice or compensation.
...The good news is that there should be nothing to worry about if you
are simply running a normal legal business!
If a decision to terminate
your hosting agreement by either Hostgator or Click as a Flash is made,
your sole refund entitlement will be unused whole months that have been
pre-paid, less transfer costs. No notice may be given for termination,
nor will correspondence necessarily be entered into.
Please note that we
will strive to provide adequate notice of any termination in any foreseen
circumstances, expressly without giving a guarantee.
CAAF undertakes work
on a first in, first served basis. Generally a time sensitive
change to your site such as a Summer Sale ad can almost
always be made at the desired time if you provide advance notice. We
will endeavour to give priority to urgent requests such as error correction,
though without making guarantees.
Under our agreement
you permit CAAF to link to your site from our site (for our promotional
benefit) and you agree to carry linked credits in small print at the
base of your pages below your copyright notice in the form:
Website design by
Click as a Flash