ArkhasHost Web Hosting Service Agreement

 

ArkhasHost Web Hosting seeks to provide you with top quality technology and service thus allowing you the opportunity to administer your own web site on the World Wide Web (WWW) in the most efficient and effective way possible. We continually upgrade our servers, network, and support to help you achieve your goals in hosting. 
 
ArkhasHost Web Hosting (ArkhasHost.com) reserves the right to refuse service to anyone at any time. However, if ARKHASHOST should deem it necessary to initiate termination of services with you, ARKHASHOST specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall ArkhasHost Web Hosting be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.

Web-site Content. Your content will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of ArkhasHost Web Hosting's services, any material that is, in ArkhasHost Web Hosting's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treaties. In short, ArkhasHost Web Hosting's services may only be used for lawful activities.
ArkhasHost Web Hosting does not allow connection to, or use of, any software or 'bots' for IRC or the reselling of 'shell accounts'. These are deemed as a high security risks and if found will result in account suspension or termination with no refunds under any circumstances.
 
Pornography: ArkhasHost Web Hosting has a zero tolerance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. ArkhasHost Web Hosting does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network. ArkhasHost Web Hosting reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law.
 
ArkhasHost Web Hosting does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. ArkhasHost Web Hosting specifically retains the right to make the final decision in any matter relating to site content. If you wish to seek virtual or dedicated hosting services with ArkhasHost Web Hosting and you are concerned about content, please send your concerns to our Sales team: sales@ArkhasHostwebhosting.com.

Network. Our servers were designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available. Our network usage is open to all ArkhasHost Web Hosting users. High Network traffic or throughput is not a problem at ArkhasHost Web Hosting, but extreme network traffic or extreme uploading and downloading can create problems. Your maximum throughput allowed by your website is an estimate of your usage. You are allowed to exceed your maximum usage without being shut off. You will be billed for the additional throughput on your next billing cycle. Please help ArkhasHost Web Hosting plan for the future and popularity of your website. If you know in advance due to advertising, publicity, or general interest that your throughput will exceed 2 times the amount allowable by your plan, please contact us at support@ArkhasHostwebhosting.com. This will ensure no downtime and maximum availability of your website at all times. We can upgrade you to another service plan or make other arrangements to save you money and to ensure your site is available at all times.
 
ArkhasHost Web Hosting customers may not use our network 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 or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your virtual or dedicated server for resolution.

Mass Mailings. ArkhasHost Web Hosting has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the ArkhasHost Web Hosting servers and/or network. Violation of the above terms will result in one or all of the following:

• A warning from ArkhasHost Web Hosting personnel by E-Mail or Telephone.
• Removal of DNS for the advertised/originating site
• Temporary shutdown of the website/server or a block on outgoing mail
• Permanent disconnection of service WITHOUT REFUND.
  
  Repeat violation of the above terms will result in the following actions:
• Immediate disconnection of service with no re-activation
• A $2000.00 USD fee assessed and charged to your account for violation.
• Absolutely NO REFUNDS for ANY REASON AT ALL.
• Additional $50 USD fee charged to your account per E-Mail sent after notification.
   
  
   
  Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. Your own list servs in which customers have signed up for in the past, is a valid mailing list. If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail. The final rule to all mailing lists is simple: if your customers begin to send spam complaints to ArkhasHost Web Hosting about your e-mail, you will be bound to the terms of mass mailings listed above. If you have direct questions in reference to mailing lists, please send your question to support@ArkhasHost.com.

Password Protection: ArkhasHost Web Hosting will turn over the administrative username and password for your account at the commencement of the contract. This username and password will be kept in your confidence throughout the contract term.

Copyright Infringement – Software Piracy: During the term of the hosting contract, ArkhasHost Web Hosting grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

The location of third party software found in your home directory that violates Copyright law is prohibited. ArkhasHost Web Hosting will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license. Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on ArkhasHost Web Hosting servers. Violators will be terminated immediately and referred to law enforcement authorities.

IP Addresses: ArkhasHost Web Hosting MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of ArkhasHost Web Hosting or its network provider, are non-portable, and will be retained after service has ceased. ArkhasHost Web Hosting does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by ArkhasHost Web Hosting will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved. Administrative fees will be billed to your account the following business day. 

Suspension: ArkhasHost Web Hosting specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

SERVICE INTERRUPTIONS. Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. ArkhasHost Web Hosting agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will ArkhasHost Web Hosting be held liable for any financial or other damages due to such interruptions. In no event shall ArkhasHost Web Hosting be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Governing Law and Forum. This Agreement shall be governed and interpreted according to United States Law. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of the United States. Customer’s address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which ArkhasHost Web Hosting is awarded amounts due from Customer, ArkhasHost Web Hosting shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys’ fees), through trial and appeal. ArkhasHost Web Hosting may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of the United States.

LIMITATION OF LIABILITY.  ArkhasHost Web Hosting’s liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to ArkhasHost Web Hosting under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall ArkhasHost Web Hosting be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if ArkhasHost Web Hosting has been advised of, or is aware of, the possibility of such damages.

DISCLAIMER OF WARRANTIES. ArkhasHost Web Hosting specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by ArkhasHost Web Hosting, or information on ArkhasHost Web Hosting’s web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligations. ArkhasHost Web Hosting also reserves the right to change prices for no reason, and at any time.
 
Any violations of the above policies will result in immediate suspension of services and/or termination of your service. By entering into a hosting contract with ArkhasHost Web Hosting you agree to be bound by these policies, terms and conditions.

End Service Agreement