This policy represents the Clone Portal Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they purchase any version/release/type of script and sevices from Clone Portal. Clone Portal reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.
Customers using any services offered by Clone Portal consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Clone Portal, any violators of this TOS may have their services (including support, patches, upgrades, etc.) cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
PLEASE READ THIS AGREEMENT CAREFULLY.
ACCEPTANCE OF THIS AGREEMENT.
In consideration for Clone Portal maintaining one or more accounts (each “account”), you agree to the following terms of service.
Disclaimer of Warranty
The programming is a complex function of logic, algorithms, and information, thus the programmed script (synonymously used for “script”) may not perform to the level of expectation that a buyer (including the ultimate buyer hereon) may have. That said, Clone Portal offers the script which is designed/developed to the best possible level as set by Clone Portal. Clone Portal will pursue all resources and channels available to maintain competitiveness of the script; however, Clone Portal is not responsible for any error, missing functionality, malfunctioning, server impacts, or any issue that arises through the use of the script. Clone Portal MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES/SCRIPTS/SOFTWARE IT PROVIDES. Neither Clone Portal nor anyone else involved in the provision of service/script is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services/scripts provided herein, whether or not such damages resulted from the
negligence of Clone Portal, even if Clone Portal has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL CLONE PORTAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE CLONE PORTAL’S SERVICES/SCRIPTS (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CLONE PORTAL’S SERVERS, UNAVAILABILITY OF SUPPORT, DELAY IN THE DELIVERY OF THE SCRIPT AND/OR LICENSE, OR ANY UNFORESEEN SITUATION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Clone Portal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLONE PORTAL’S MAXIMUM LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU TO Clone Portal FOR THE SERVICES/SCRIPTS DURING THE PRIOR THREE (3) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Clone Portal’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Clone Portal and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Clone Portal’s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Clone Portal’s scripts/servers/equipments or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services; and (d) any other damage arising from your equipment or your business.
Services Provided by Clone Portal
Web Hosting ServicesClone Portal will provide web hosting services or internet server rental (“the service”) to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows Clone Portal members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Clone Portal agrees to provide these services according the plan selected by you upon activation of your account. Clone Portal reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Clone Portal website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Clone Portal members will use the provided services in a manner consistent with any and all applicable Local, State and Federal Law. Clone Portal provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Clone Portal can terminate a client’s account without notification.
Scripts, Programming, Designing and Development
At a customer’s request, Clone Portal provides the Scripts, Programming, Designing and Development service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Clone Portal for any and all damages, losses, claims, or expenses arising from or related to the acquisition, deployment and/or use of the Scripts, Programming, Designing and Development. Any costs incurred by Clone Portal to develelop, obtain and/or maintain the Scripts, Programming, Designing and Development services shall be charged to you by Clone Portal under the provision therefore elsewhere herein.
Although, support is not limited by the time, free support for the script code is provided for unedited and unchanged code for the first month after the sale is closed. Any type of change in the code will end up the free support from Clone Portal. Support constitutes only the answer to your queries. Clone Portal does not provide support for servers, mechanisms, 3rd party hardware or software required to successfully run the script. Clone portal provides the FREE support for 45 immediate calendar days after sale is closed (payment is processed). Clone Portal may charge the number of hours @$17/hr for support after 45 days. Any custom requirements, updates to the functionality, changes in the code, design, or any component of the script may be chargeable, during the FREE support period. When you provide to Clone Portal the FTP access, admin panel access, hosting control panel access, and/or any other access information regarding your domain, your self, and/or your business/company, you are expected to secure the confidential/sensitive data before delegating or sharing the access. Clone Portal will not be responsible or liable for any loss of data, files, information, or any other form of available intangible good(s). You are required to take a complete back up of the data, files, settings, configurations, and information before sharing or delegating the access to any of your resource, including but not limited to the domain, hosting, email, merchant account, subscriptions, admin panel of the Gradlee’s script, FTP access, file management access, and facebook/twitter accounts.
Support protocol must be followed by the buyer to avail Clone Portal support. The support levels are organized in the following format:
Knowledge Base (Client area)
Support Tickets (Client area, only when information is unavailable in the help manual/knowledge base)
Technical support queries sent to email@example.com may not be answered. Hence, you are advised to open a support ticket for all technical queries.
Clone Portal business days/time are Monday to Friday (2PM – 11PM GMT) and Saturday (3PM – 7PM). All reference to the business days or working days or business time or working time or office time or office hours are Clone Portal business days/time and exclude any federal holidays and/or discretionary holidays observed by Clone Portal. Overcoming the time zone difference between the buyer and Clone Portal is the reponsibility of the buyer.
Clone Portal offers a listing of additional services in conjunction with its Scripts, Programming, Designing and Development and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Clone Portal website.
IP Address Ownership
During the course of providing services to a customer, Clone Portal may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Clone Portal shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Clone Portal reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
After the sales is closed, Clone Portal provides the scripts and the license file to the user. The ownership, without the rights of reselling/redeployment/cracking or hacking of the encrypted and unencrypted files, is transferred to the buyer. The buyer must not attempt to decode any file, must noe publish any part of the code or files in any type of media, must not sell or resell any of the file and/or part of the file/code, must not use on additional domains/sub-domains/folders which are not covered as part of the license. When the user or the buyer decides to discontinue the use of the Clone Portal’s scripts or services, they must surrender all scripts and services back to Clone Portal. Any violation of ownership may result into the legal action agianst the buyer/user.
a) Client Content: The client agrees that web pages and files uploaded to servers or published using the scripts will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of Clone Portal or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Clone Portal or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailing, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Clone Portal will be the sole and final arbiter as to what constitutes a violation of this policy. Clone Portal does not normally monitor the contents of clients’ servers; however, if suspicion occurs, Clone Portal reserves the right to investigate and terminate the client’s subscription to the service.
b) Bandwidth Usage: Clone Portal offers a generous amount of data transfer per month. Clone Portal reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.
c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using “excessive amounts of resources” when it monopolizes the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous situations where such problems could be caused, including, but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Clone Portal will be the sole and final arbiter as to what constitutes a violation of this policy.
d) No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a Clone Portal server is not tolerated. This includes any email that promotes websites hosted on a server located on the Clone Portal network, but which is sent from an email address not associated with a Clone Portal account. The client shall not use Clone Portal services for chain letters, junk mail, bulk-email(More than 50 emails per minute), or any use of distribution lists to any person who has not given specific permission to be included in such a process. Clone Portal reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Clone Portal reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.
e) False Information:The client agrees not to post false or inaccurate information to news and media groups in violation of the news and media groups rules and regulations. If any news and media groups or service provider contact Clone Portal concerning unethical, false, or unlawful activities by you, Clone Portal reserves the right to terminate your service/support/license without notice.
f) Licensed Software Only:The client agrees to use only properly licensed third party software in connection with the client’s use of the services.
g) Back-Up Files:Clone Portal provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. Clone Portal currently does not utilize any back-up services and is not responsible for any lost data.
h) No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Clone Portal servers or other equipment that will in any way adversely affect the performance of said equipment.
i) Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity’s intellectual property rights including rights of privacy and rights of publicity is prohibited. Clone Portal is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.
j) Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).
k) Malicious or Unauthorized Hacking: The customer agrees not to conduct or promote any ‘hacking’ activity and agrees that ‘hacking’ as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.
l) Child Pornography:The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Clone Portal will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.
m) Other Illegal Activities:The use of the services to engage in any activities that are determined by Clone Portal, in its sole and absolute discretion, to be illegal or which in Clone Portal’s opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Clone Portal will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.
n) Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.
o) Data Warehousing:The servers provided by Clone Portal are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Clone Portal servers are intended for web enabled services and hosting.
p) Prohibited Activities:The client will not run services or software related to Internet Relay Chat (“IRC”), Peer To Peer File Sharing (“P2P”), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.
q) Other Prohibited Activities: Engaging in any activity that, in Clone Portal’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Clone Portal’s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Clone Portal’s customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Clone Portal in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.
FEES & PAYMENTS
a) Fees – Clone Portal charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
b) Set-up/Installation Fee –This is a one time fee that may be charged in connection with the establishment of a new account, installation of the script, or provisioning fee and is non-refundable.
c) Script Price – This is once time fee that will be charged so to provide any type of the script and the license to run the script.
c) Service Fee –This is the fee for your web hosting services.
d) Domain Registration Fee –This is the fee for the registration of a domain name and is non-refundable.
e) Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
f) Change of Plans:Clone Portal also reserves the right to alter, change, amend, or delete fees at its sole discretion. Clone Portal further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
g) Clone Portal reserves the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. Clone Portal also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
h) Payment of Fees (also read as charges) – Clone Portal accepts payment by Paypal.
i) Payment Obligations:Full payment is required in advance before receiving the script, license, and/or hosting service. Clone Portal may send out invoices that are due every pay period. You are given seven (7) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that Clone Portal may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account/license will be suspended. To have your account re-established, you will need to pay the outstanding fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $100 processing fee for chargebacks.
j) Renewals:Your account will be automatically renewed under the same time and fee structure unless you give written notice to Clone Portal forty-five (45) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
k) Cancellation & Refunds:All sales are final. Once the payment is made, there are no refunds. You may, however, cancel your hosting account at any time. You will need to contact Clone Portal and verify your information before cancellation takes place. Accounts which have negative balances or fees owing will have all respective services terminated, including licenses and hosting accounts. Furthermore, if you have a script that you acquired through our promotion/offer at the time or after you became a Clone Portal customer and wish to discontinue the script/services, these scripts must be passed back to the clone portal otherwise these will be subject to the applicable fee/charges.
* Please note that products or services acquired through special promotion, ANY upgrade, seasonal offers, and affiliate networks are not entitled for refund and overrides any verbal or written promise made earlier or anywhere.
** Not all products & services, by default, are not covered under any type of Service Level Agreement “SLA”. Please contact Clone Portal for details.
SUSPENSION AND TERMINATION
At the sole discretion of Clone Portal, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, use of abusive language, misbehaviour, derogatory remarks, attempt to malign or hurt the positive sentiments for Clone Portal or any associated brand, Clone Portal may suspend all forms and level or support, your account and the license by deactivating any access by you and/or by web users to any information contained on the Clone Portal websites, servers related to your account. Suspension shall specifically include the disabling of your client area account, hosting, and/or any access to information, resources, or data related to your account. In the event of any such suspension, you will be notified. At the option of Clone Portal, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
a) Termination -This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Clone Portal servers. Such information or data may or may not be made available to you by Clone Portal after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Clone Portal. In the event of termination, there will be no refund provided to you.
PRIVACY, AND USE OF CLIENT NAME AND WEB ADDRESS
Clone Portal respects the privacy of it’s clients and does not share any contact information like email address, phone number, and mail address. However, Clone Portal reserves the right to disclose your web address (hereon defined as your internet brand, identifiers, Web URL of your business, and the Web URL where Clone Portal script(s) are installed/used/available). As a part of this contract, you allow Clone Portal to take a snapshot of your website and demonstrate or present to the visitors of the clone portal, including guest visitors, clients, and/or search engine bots. Clone Portal also reserves the right to disclose your contact details and the website address to the law enforcement agencies. The agreement authorizes Clone Portal to use your website address as a reference for sales and marketing purpose. Clone Portal is not liable for the disclosure of your contact details when available on your website, over Internet, or any other medium accessible by Internet users.
Clone Portal allows it’s clients to remove Clone Portal’s copyright notice from the publicly accessible areas. However, the copyright notice must remain intact in the backend control panels irrespective of accessibility by the visitors and/or the users.
Your rights under this agreement may be assigned only upon prior notice and express approval by Clone Portal. Any other attempted transfer or assignment of rights hereunder shall be null and void.
You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Clone Portal is the domain name registrar, please request our “domain name transfer instructions” by sending an email to firstname.lastname@example.org. We will send you the specific details and information about transfer of ownership.
Web hosting services accounts from Clone Portal are not transferable and cannot be assigned to another individual.
Clone Portal may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Clone Portal.
Clone Portal may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Clone Portal websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer’s responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer’s continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.
Do read End User License Agreement for Clone Portal scripts.