|
|
|
|
Terms of service
(tos)
1) Account Setup / Email on file
Host N Ky will setup your account after we have
received payment and we and/or our
payment partner(s) have screened the
order(s) incase of fraud. It is your
responsibility to provide us with an
email address which is not @ the
domain(s) you are signing up under. If
there is ever an abuse issue or we need
to contact you, the primary email
address on file will be used for this
purpose. It is your responsibility to
ensure the email address on file is
current or up to date at all times.
Providing false contact information of
any kind may result in the termination
of your account. In dedicated server
purchases or high risk transactions, it
will be necessary to provide government
issued identification and possibly a
scan of the credit card used for the
purchase. If you fail to meet these
requirements, the order may be
considered fraudulent in nature and be
denied.
2.) Content
All services provided by Host N Ky
may only be used for lawful purposes.
The laws of the State of Florida, the
State of Texas, and the United States of
America apply.
The customer agrees to indemnify and
hold harmless Host N Ky from any
claims resulting from the use of our
services.
Use of our services to infringe upon any
copyright or trademark is prohibited.
This includes but is not limited to
unauthorized copying of music, books,
photographs, or any other copyrighted
work. The offer of sale of any
counterfeit merchandise of a trademark
holder will result in the immediate
termination of your account. If you
believe that your copyright or trademark
is being infringed upon, please email
here
with the information required. A list of
required information may be found
here. If the request is of a
licensing issue, we may require further
documentation.
Examples of unacceptable material on
Shared, Storage, and domain include:
IRC Bots, Proxy Scripts / Anonymizers,
Pirated Software / Warez, image,
filedump, or banner-ad services (similar
to rapidshare, photobucket, or
commercial banner ad rotation), topsites,
commercial audio streaming (more than
one or two streams), locally hosted chat
scripts, Escrow, High-Yield Interest
Programs(HYIP) or related sites,
Investment sites (FOREX, egold
exchange),� sale of any controlled
substance without prior proof of
appropriate permit(s), AutoSurf sites,
Bank Debentures, Bank Debenture Trading
Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker
focused sites/archives/programs, or
sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts.
Host N Ky reserves the right to refuse service
to anyone. Any material that, in our
judgment, 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 department within 48 hours may
result in the suspension or termination
of your services. All abuse issues must
be dealt with via trouble ticket/email
and will have a response within 48
hours.
If in doubt regarding the acceptability
of your site or service, please contact
us
here
and we will be happy to assist you.
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
suspended immediately without notice.
Violations will be reported to the
appropriate law enforcement agency.
It
is your responsibility to ensure that
scripts/programs installed under your
account are secure and permissions of
directories are set properly, regardless
of installation method. When at all
possible, set permissions on most
directories to 755 or as restrictive as
possible. Users are ultimately
responsible for all actions taken under
their account. This includes the
compromise of credentials such as
username and password. It is required
that you use a secure password. If a
weak password is used, your account may
be suspended until you agree to use a
more secure password. Audits may be done
to prevent weak passwords from being
used. If an audit is performed, and your
password is found to be weak, we will
notify you and allow time for you to
change/update your password.
Click
here
to
generate passwords.
3) Zero Tolerance Spam Policy
Host N Ky takes a zero tolerance stance against
sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and
"double opt-in" will be treated as spam.
Any user who sends out spam will have
their account terminated with or without
notice.
Sites advertised via SPAM (Spamvertised)
may not be hosted on our servers. This
provision includes, but is not limited
to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No
organization or entity listed in the
ROKSO may be hosted on our servers.
Any account which results in our IP
space being blacklisted will be
immediately suspended and/or terminated.
Host N Ky reserves the right to
require changes or disable as necessary
any web site, account, database, or
other component that does not comply
with its established policies, or to
make any such modifications in an
emergency at its sole discretion.
Host N Ky reserves the right to
charge the holder of the account used to
send any unsolicited e-mail a clean up
fee. This cost of the clean up fee is
entirely at the discretion of
Host N Ky Hosting.
4) Payment Information
You agree to supply appropriate payment
for the services received from Host N Ky, in advance of the time period
during which such services are provided.
You agree that until and unless you
notify Host N Ky of your desire to
cancel any or all services received,
those services will be billed on a
recurring basis.
Cancellations must be done in writing
via the
email
provided. Once we receive your
cancellation and have confirmed all
necessary information with you via
e-mail, we will inform you that your
account has been canceled. At this time,
your account with us has been canceled.
If you do not hear back from us or
receive an e-mail confirming this
cancellation, please contact us
immediately.
As a client of Host N Ky, it is
your responsibility to ensure that your
payment information is up to date, and
that all invoices are paid on time. Host N Ky
provides a 5 day grace period from the
time the invoice is due and when it must
be paid. Any invoice that is overdue for
7 days and not paid will result in a
suspension after 5 days and no contact
after 7 days your account will be
deleted...
Invoices that have been paid more than
once with multiple Paypal Subscriptions
can only be added as credit towards the
account and cannot be refunded via
Paypal. If you require assistance with
this provision, please contact us
here
Host N Ky reserves the right to change
the monthly payment amount and any other
charges at anytime.
5) Backups and Data Loss
Your use of the service is at your sole
risk. Host N Ky is not responsible
for files and/or data residing on your
account. You agree to take full
responsibility for files and data
transferred and to maintain all
appropriate backup of files and data
stored on Host N Ky servers.
6) Cancellations and Refunds
Host N Ky reserves the right to
cancel the account at any time with or
without notice.
Any abuse of our staff in any medium or
format will result in the suspension or
termination of your services.
Customers may cancel at any time via an
email
. Host N Ky gives you an
unconditional 7 day money back
guarantee on managed shared
hosting,
storage, and e-mail solution's. There
are no refunds on dedicated servers,
administrative fees, install fees for
custom software, or domain name
purchases. Refund requests after the
initial 7 days will be refunded on a
prorated basis of any unused time.
Only first-time accounts are eligible
for a refund. For example, if you've had
an account with us before, cancelled and
signed up again, you will not be
eligible for a refund or if you have
opened a second account with us.
Violations of the Terms of Service will
waive the refund policy.
7) Resource Usage
User may not:
a) Use 25% or more of system resources
for longer then 90 seconds. There are
numerous activities that could cause
such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended
server-side processes at any point in
time on the server. This includes any
and all daemons, such as IRCD.
c) Run any type of web spider or indexer
(including Google Cash / AdSpy) on
shared servers.
d) Run any software that interfaces with
an IRC (Internet Relay Chat) network.
e) Run any bit torrent application,
tracker, or client. Please note that you
may link to torrents off server, but may
not host or store them.
f) Participate in any
file-sharing/peer-to-peer activities
g) Run any gaming servers such as
counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of
less than 15 minutes
When using PHP include functions for
including a local file, include the
local file rather than the URL. Instead
of include("http://yourdomain.com/include.php")
use include("include.php")
Simply exceeding the limit does not
constitute grounds for suspension
however accounts that constantly create
and delete large numbers of files on a
regular basis or causing file system
damage may cause your account to be
flagged for review.
8) Bandwidth Usage
You are allocated a monthly bandwidth
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 bandwidth 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. Unused transfer in one month
cannot be carried over to the next
month.
9) Money back Guarantee
Each of Host N Ky Host's managed
shared, storage, and e-mail servers
carry a 7 day unconditional money back
guarantee on them. If you are not
completely satisfied with our services
within the first 7 days of your
service, you will be given a full refund
of the contract amount. Remember, this
does not apply to administrative fees,
install fees for custom software, or
domain name purchases.
9) Uptime Guarantee
If your hosting server has a physical
downtime that is not within the 99.9%
uptime you may receive one month of
credit on your account. Approval of the
credit is at the discretion of
Host N Ky dependant upon
justification provided. Third party
monitoring service reports may not be
used for justification due to a variety
of factors including the monitor's
network capacity/transit availability.
The uptime of the server is defined as
the reported uptime from the operating
system of the server which may differ
from the uptime reported by individual
services. To request a credit, please
contact us
email
with justification. All requests must
be made in writing via email.
10) Shared, Storage, E-mail
All accounts may not resell web hosting
to other people. You must maintain your
own backups.
11) Price Change
The amount you pay for hosting will
never increase from the date of
purchase. Host N Ky reserves the right to change
prices listed on Host N Ky, and the
right to increase the amount of
resources given to plans at any time.
12) Indemnification
Customer agrees that it shall defend,
indemnify, save and hold Host N Ky
harmless from any and all demands,
liabilities, losses, costs and claims,
including reasonable attorney's fees
asserted against Host N Ky, 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
Host N Ky against liabilities
arising out of; (1) any injury to person
or property caused by any products sold
or otherwise distributed in connection
with Host N Ky (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 Host N Ky
's server.
12) Arbitration
By using any Host N Ky Hosting
services, you agree to binding
arbitration. If any disputes or claims
arise against Host N Ky or its
subsidiaries, such disputes will be
handled by an arbitrator of Host N Ky choice. All decisions rendered
by that arbitrator will be binding and
final. You are also responsible for any
and all costs related to such
arbitration.
13) Disclaimer
Host N Ky shall not be responsible
for any damages your business may
suffer. Host N Ky makes no warranties
of any kind, expressed or implied for
services we provide. Host N Ky
disclaims any warranty or
merchantability or fitness for a
particular purpose. This includes loss
of data resulting from delays, no
deliveries, wrong delivery, and any and
all service interruptions caused by
Host N Ky and its employees.
14) Disclosure to law enforcement
Host N Ky may disclose any subscriber
information to law enforcement agencies
without further consent or notification
to the subscriber upon lawful request
from such agencies.
We will cooperate fully with law
enforcement agencies.
15) Changes to the TOS
Host N Ky reserves the right to
revise its policies at any time without
notice. reserves the right to revise its
policies at any time without notice. |
|
|
|
|
|
|
|