Communiteq Terms of Service for hosted forums

Usage

We provide you with a hosted Discourse forum and allow you a certain amount of data transfer and storage, depending on your plan. In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much data transfer as your account has. You are allocated a monthly data transfer allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more data transfer is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Note that we will always contact you first and discuss your options. Unused transfer in one month cannot be carried over to the next month.

Payment and Renewal

By selecting a subscription plan you agree to pay Communiteq the monthly or annual subscription fees for the service and additional usage fees indicated for that subscription plan. Payments will be charged on the subscription start date and will cover the use of the service for a monthly or annual period as indicated. Subscription fees are not refundable and are paid in advance of using such services. Payment for Services will be made by a valid credit card accepted by Communiteq, unless other payment arrangements have been made. Upon forum creation you authorize Communiteq to charge your credit card for such amounts according to your service usage. Communiteq reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless otherwise stated in your subscription agreement, the subscription can be canceled by you at anytime. No refunds are provided for unused service portion of the billing period following cancellation.

Unless you notify Communiteq before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. The subscription can be canceled at any time in the Payments section of your site’s dashboard.

Availability and integrity

Your use of this service is at your sole risk. Our backup service runs once a day, and one week of backups are kept.

We offer an uptime guarantee of 99.9%. Any downtime over 0.1% will be refunded with a prorated fee based on actual downtime per month. Our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Limitation of Liability and Indemnification

Communiteq shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Communiteq’ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Communiteq 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 Communiteq‘ servers. All damages shall be limited to the immediate termination of service. Certain services provided by Communiteq are resold. Thus, certain equipment, routing, software and programming used by Communiteq are not directly owned or written by Communiteq.

Customer agrees that it shall defend, indemnify, save and hold Communiteq harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Communiteq, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Communiteq against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Communiteq; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Communiteq’s server.

Restrictions in Usage of our Service

We provide you with a hosted Discourse forum. Our service may not be used as a means to carry out other activities that don’t have anything to do with forum hosting. It may for instance not be used as a cheap file hosting service, or use it to spread other content like viruses, worms, malware, Trojan horses or other harmful or destructive content. Using our service to undermine or cause harm to a server or customer of Communiteq is also strictly prohibited.

If you create an account on Communiteq, you are responsible for maintaining the security of your account and forum, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the forum. You must immediately notify us of any unauthorized uses of your forum, your account or any other breaches of security.

According to EU Directive 2000/31/EC we are obligated to prevent you from spreading any illegal content as soon as we’re made aware of its existence.

Changes to the TOS

Communiteq reserves the right to amend any or all of the above policies, guidelines and disclaimer upon thirty (30) days prior written notice to you.