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TERMS AND CONDITIONS & OUR ACCEPTABLE USE POLICY

ArkHoster provides web hosting to worldwide clients, and we have a responsibility to protect each client and to provide the best services available. ArkHoster provides Shared Cloud Web Hosting Unlimited and Limited Plans, all clients of ArkHoster are subject to the following terms of service & FUP Policy.

ACCEPTABLE USAGE POLICY

Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures ,Livechat/Chat Scripts,Download sites(Pirated softwares), Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg s, hate sites,Facebook Bots,Instagram bots (Social Networking Related Bots), hacker focused sites/archives/programs,testing environments (Storing your Website Projects), sites promoting illegal activities, Flash Games or Online Gaming Sites, Movies, MP3 Songs, File hosting. No refunds will be given.

We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse/support/billing department within 48 hours may result in the suspension or termination of your services. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

You shall agree to use only licensed and legal third party softwares in connection with your use of our services. ArkHoster reserves the right to suspend or cancel a customers access to any or all services provided, at any time, or when ArkHoster decides that the account has been inappropriately used or otherwise.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will be given.

RESOURCE USAGE

The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.

The Shared Hosting Services allow you unlimited server space for normal routine non-file-distribution web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of fifty (50) gigabytes per calendar month.

Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.

In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

  1. Use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
    b. Run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
    c. run any type of web spider or indexer
    d. Run any software that interfaces with an Internet Relay Chat network
    e. Run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
    f. Participate in any file-sharing/peer-to-peer activities
    g. Run any gaming servers
    h. Run entries or other scheduled tasks other than by configuring them through our control panel
    i. Give away web space under a domain (including Resellers giving away free websites)
    j. Operate a proxy website or service
    k. As a remote file host for other websites
    l. Operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.

You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.

MySQL Databases are limited to 1024 megabytes in size.

If you are a Reseller and deactivate a resold web hosting account we will delete it after 30 days.

PROHIBITED USES

  1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
  2. In any way that breaches any applicable local, national or international law or regulation
    b. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
    c. For the purpose of harming or attempting to harm minors in any way
    d. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
    e. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

CONTENT STANDARDS

These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.

You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.

Material must:

  1. Be accurate (where they state facts)
    b. Be genuinely held (where they state opinions)
    c. Comply with applicable law in the UK and in any country from which they are posted

Material must not:

  1. Contain any material which is defamatory of any person
    b. Contain any material which is obscene, offensive, hateful or inflammatory
    c. Contain any material that is pornographic
    d. Promote violence
    e. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
    f. Infringe any copyright, database right or trade mark of any other person
    g. Be likely to deceive any person
    h. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
    i. Promote any illegal activity
    j. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
    k. Be likely to harass, upset, embarrass, alarm or annoy any other person
    l. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
    m. Give the impression that they emanate from us, if this is not the case
    n. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

ZERO TOLERANCE SPAM POLICY

We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice

Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

ArkHoster reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy

ArkHoster reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion

LATE PAYMENTS

All service renewal bills are generated according to the dates they were first activated on. As per the System settings The service will be suspended on due date and terminated on 15th day from the due date.

BACKUP & DATA LOSS

Your use of this service is at your sole risk. ArkHoster performs weekly backups however, these backups are for ArkHoster administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. ArkHoster does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on ArkHoster part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site contents to your personal computer! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ArkHoster servers.

We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

The backup restore service are not included in your Hosting Fees and hence there will be an admin fees of 5$ per instance in any event if you want us to restore your website from our weekly backup repository. The admin fees are payable immediately and are non-refundable. We can not guarantee the integrity of the backup on our weekly backup repository. Backups will not be provided for accounts that have been suspended.

HOSTING SERVICE USAGE LIMITATIONS

The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.

The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.

The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.

Any mailboxes that have not been accessed for 90 clear days will be automatically deleted from our system.

A breach of either the Terms & Condition/Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

SUPPORT

Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.

Issues will be resolved via Live chat or a telephone call. But the issues which are time taken and need to be investigated, you should have to open a support ticket for this.

DOMAIN NAMES

Domain name once registered can not be changed or cancelled. No refund will be given.

We will endeavour to procure the registration of the domain name you request.

We will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.

We shall not act as your agent or on your behalf in any dealings with domain name registry.

The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.

You are responsible for ensuring that you are aware of the terms so that you can comply with them.

Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 45 days, 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.

You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.

The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.

You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

DELETION OF YOUR DATA

If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.

Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use the Hosting Services
    b. Immediate, temporary or permanent removal of any Material uploaded to our servers
    c. Issue of a warning to you
    d. Issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
    e. Further legal action against you
    f. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary

CANCELLATION & REFUND

ArkHoster reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice incase of any FUP/TOS Violation. No Refunds Any abuse on our staff in any medium or format will result in the suspension or termination of your services.

CHANGES TO OUR TERMS AND CONDITIONS & OUR ACCEPTABLE USE POLICY

We have the right to revise and amend these TERMS AND CONDITIONS & OUR ACCEPTABLE USE POLICY from time to time.

You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.