Terms Of Service - AUP

Terms of Service
Terms of Use
Upon signing up for Techark Services, all customers agree to comply with Techark Services Terms of Use. The spirit of this policy is to ensure our customers are using Techark Services services with due regard to the rights of other Internet users and in conformity with the requirements of Techark Services network environment.

Illegal Use
Techark Services servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content
Adult-oriented sites are not allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group, sites of such nature will be removed immediately and you will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources over their alloted limits) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan.

CGI Scripts
CGI script sharing with domains not hosted by Techark Services is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms
Techark Services does not allow customers to install their own chat rooms not supplied as part of the package they lease from Techark. Some Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.

Background Running Programs and Cron Jobs
Techark Services will allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Techark Services at support@Techark.com so that we can arrange set-up.

IRC
Techark Services does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a Techark Services server or using an email address that is maintained on a Techark Services machine is STRICTLY prohibited. Techark Services will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Techark Services server. Violators will be assessed a minimum fine of $500.00 and will face immediate suspension.

Server Abuse
Any attempts to undermine or cause harm to a Techark Services server or customer are strictly prohibited.

Databases
Any database stored on Techark Services servers shall be limited in size to 50% of the total disk space allotted for that particular domain's plan/web hosting account.

Backups and data stored on our servers. Techark Interenet Services keeps backups for archive purposes only, Techark Internet Serivces does not warrant that the backups will be current or usable for customer data recovery. While we attempt to maintian accurate and current backups we cannot and do not warrant them to be fit or up to date. It is the customers sole responsiblity to maintain current backups of their data. You agree that at no time Techark Internet Serivces will be held liable for faulty backups or data stored on our servers. Techark Services and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any failure of backups or corruption or loss of data stored on our servers.. Actions Taken by Techark Services

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Techark Services will be the sole arbiter as to what constitutes a violation of the Terms of Use. Techark Services reserves the right to remove any account without prior notice.
When Techark Services becomes aware of an alleged violation of its Terms of Use, Techark Services will initiate an investigation. During the investigation, Techark Services may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Techark Services may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, Techark Services will notify the appropriate law enforcement authorities of such violation.

Techark Services does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Techark Services customers agree to indemnify and hold harmless Techark Services from any claims resulting from the use of our services that damages them or any other party. The Techark Service's service is provided on an as is, as available basis. Techark Services expressly disclaims any representation or warranty that the Techark Services service will be error-free, secure or uninterrupted. In cases of outage the client's sole remedy will be a pro-rated credit based on the period difference of downtime and Techark's promised up time. No oral advice or written information given by Techark Services, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Techark Services and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
Techark Services reserves the right to add, delete, or modify any provision of its Terms of Use at any time with written notice either direct or posted for 30 days in advance to our user forum.