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.
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.
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