AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
ArkHost® is registered in Belgium (BE0770880180); and trademark applications are in progress in the EU (018478072).
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FEES AND PAYMENT
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at [email protected]
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
2. Use the Site to advertise or offer to sell goods and services.
3. Engage in unauthorized framing of or linking to the Site.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use the Site in a manner inconsistent with any applicable laws or regulations.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
9. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
10. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
11. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
12. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
13. Attempt to impersonate another user or person or use the username of another user.
14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
15. Use any information obtained from the Site in order to harass, abuse, or harm another person.
16. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
17. Delete the copyright or other proprietary rights notice from any Content.
19. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
GROUNDS FOR SUSPENSION AND TERMINATION
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations, or policies noted above may serve as cause for ark.host to suspend or terminate your account. You agree that ark.host has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes a violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
* Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean-up fee of £30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
* Using your hosting as a file or image hosting service.
Using the Service in an attempt to break security, or so as to actually break the security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
Using your account as a backup service. All files must be part of your website and must be linked to your account. Dedicated server clients are exempt from this.
Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
Uploading, linking to, or storing warez, cracks, or other pirated software.
Assisting in or directly distributing copyrighted material.
Excessively using the Service in such a way as to limit the bandwidth available to others.
Providing fake or incomplete contact details, including name, postal address, and telephone number.
Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, FTP servers, Web servers, or streaming audio/video servers.
* Using the Service for unauthorized relays through any third-party systems.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account and deny any future business.
* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
* Attempting to cancel, supersede, or otherwise interfere with email other than your own.
* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s) or any other methods of denial-of-service attacks.
* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, ark.host may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security - You agree not to access or attempt to access private areas of the Service. You agree to notify ark.host as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property - ark.host does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to [email protected]
* Continuing a specific identification of the allegedly infringing material and the location(s) on ark.host facilities where the materials are to be found. Upon receipt of such written notice, ark.host will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If ark.host receives a notification from that person indicating that the claim of infringement was based upon a mistake or misidentification, ark.host will send you a copy of that notification. Unless you notify ark.host of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
* Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied byark.host, neither ark.host nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service.ark.host neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that ark.host is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on ark.host equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless ark.host and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages, or expenses arising out of your postings.
* You agree that, should you use the Service to send or receive voice communications, ark.host is not acting as a telecommunications carrier or telephone, that there is no representation made by ark.host as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that ark.host has no liability of any sort for the failure or lack of quality of such use of the Service.
* You agree to be liable for any damages or loss of service which results in damages to ark.host as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shutdowns, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that ark.host may pursue any such claims against you in Court.
* You agree that in no event will ark.host have financial liability to you.
* Warranty - ark.host MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD ark.host ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY ark.host OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY ark.host ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; ark.host DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. ark.host DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
Users may not: Use 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc.
* Run any type of interactive real-time chat application that require server resources. Remotely-hosted services are fully allowed.
* Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
* Run any software that interfaces with an IRC (Internet Relay Chat) network.
* Run any bit torrent application, tracker, or client.
* Participate in any file-sharing/peer-to-peer activities.
* Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
* Run cron entries with intervals of less than 15 minutes.
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
If you are unhappy with any aspect of our service, please contact our support department we will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 03 days.
There are no refunds past the 03 day period.
Refunds are not available for.COM, .NET, ORG, or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by ark.host through other companies.
No refunds are provided for VPS or Dedicated servers under any circumstances.
No refunds will be made if we terminate your hosting or other services due to a violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Credit on your account cannot be refunded and must be used for purchases and renewals.
Accounts purchased under a promotion, with or without a promo code, are excluded from the 03-day money-back guarantee.
Any funds sent to ark.host which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
If your service drops below 99.00% uptime in any given month you will be credited with 10 Day. This must be claimed within 24 hours of our monitoring dropping below this level. Any planned maintenance work is except this guarantee and will be ignored. Dedicated servers/VPS currently have no SLA.
Uptime level is calculated by our status page and monitors only.
Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form.
Choosing an immediate cancellation means your service will be terminated within 24 hours of submitting the form.
It is your responsibility to ensure any PayPal subscriptions you have set up are canceled.
No other forms of cancellation are accepted.
Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
Resellers may use their website for personal use or sell to their own clients. Resellers cannot host free accounts under any circumstances. We will transfer up to 10 accounts free of charge. Each account thereafter is charged € 2.00 .
U.S. GOVERNMENT RIGHTS
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
These conditions are governed by and interpreted following the laws of Belgium, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. ArkHost BV and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Gent, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Belgium, or in the EU country in which you reside.
The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.