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Ark Webs agrees to furnish services to you,
subject to the following TOS (Terms of Service).
Use of Ark Webs Service constitutes acceptance and agreement to Ark Webs' AUP
as well as Ark Webs' TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
Ark Webs and AUP (Acceptable Use Policy). The AUP may be changed from time to
time at our discretion.
· Disclosure
to Law Enforcement: Our AUP specifically prohibits the use of our
service for illegal activities. You agree that Ark Webs may disclose your
subscriber information to a law enforcement agency who makes a written
request without further consent or notification to you. You also agree that Ark Webs
shall have the right to terminate web-hosting services if your site is found
to be conducting illegal activities.
· Payment:
Establishment of this service is dependent upon receipt by Ark Webs of
payment of stated charges.
Subsequent payments are due 2 weeks before the anniversary date depending on
the plan chosen. This 2 week window allows us to get everything renewed (such as your domain name) with
no interruption of service.
· Payments
and Fees: Service will be interrupted on accounts that reach 1 week past
anniversary date. Service interrupted for nonpayment is subject to a
reconnect charge at Ark Webs discretion. Accounts not paid by due date may be
subject to a late fee, also at our discretion.
· Non-Payment: Accounts that have not be paid for over 30 days will be terminated (deleted from our servers).
· Refund
and Disputes: Payments to Ark Webs are refundable in the first 30 days
after purchase. This includes the one time setup fee (if applicable) and
subsequent charges. PLEASE NOTE that cancelled websites will
be subject to a cancellation fee of $10.00 if the domain name has already
been registered.
· Failure
to Pay: Ark Webs may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve you of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees. If your
account goes two months without being paid it will be deleted from our
servers.
· You
acknowledge that the service provided is of such a nature that service can
be interrupted for many reasons other than the negligence of Ark Webs and
that damages resulting from any interruption of service are difficult to
ascertain. Therefore, you agree that Ark Webs shall not be liable for any
damages arising from such causes. (Although we do not give uptime
guarantees, we have had an overall uptime in excess of 99.9% over the past
12 months).
· New
Domain Accounts: All new accounts will have their domain name
registered and entered into our DNS servers within 24 hours. Due to Internet
propagation, however, this process may sometimes require up to 72 hours.
· Existing
Domain Accounts: If you wish to use an existing domain name, Ark Webs
will gladly help you change the Domain Name Servers (DNS) to point to our
servers if you provide the correct information on the signup form. These
changes will be attempted and entered into our DNS servers within 24 hours.
You are ultimately responsible for this change. We make no guarantee. Due to
Internet propagation, however, this process may sometimes require up to 72
hours. You will still retain ownership of your domain name and must continue
to maintain the fees with your registrar.
· Transfer
of Domains: Ark Webs will attempt to physically transfer your domain name
from another provider to Ark Webs upon request ONLY through our Help Desk ( www.cwnhelp.com ). New
web hosting accounts which involve the transfer of a domain from another
provider to Ark Webs may require up to 5 or more days to propagate through
the Internet. Although domain names usually propagate in 24 hours, due to
the unpredictable nature of the transfer process, no guarantees are made
regarding the amount of time a specific transfer may take since we have no
control over that. Once the transfer is complete, Ark Webs will maintain the
fees for the domain name as long as account is current.
· SPAM
and Unsolicited Commercial Email: Ark Webs takes a zero tolerance
approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over
our network. Very simply this means that customers of Ark Webs may not use or
permit others to use our servers to transact in UCE. Violations of this
policy will result in termination of service without Notice and without
Refund..
· Indemnification: Ark Webs wishes to emphasize that in agreeing to the Ark Webs Acceptable Use
Policy (AUP) and Terms of Service (TOS), customer indemnifies Ark Webs for
any violation of the AUP and TOS that results in loss to Ark Webs or the
lodging of any claim against Ark Webs by any third-party. Put simply, this
means that if Ark Webs is sued because of illegal activity on your
behalf, you will pay any damages awarded against Ark Webs, plus all costs and
attorney's fees.
· Contact
Information: You must provide us with, and keep current, a valid E-Mail
address where we can reach you. We cannot be held responsible for suspending
or closing your account due to non payment if we are unable to contact you.
· You shall
not transfer or assign this Agreement without the prior written consent of Ark Webs.
· Ark Webs
is not responsible for any damages your business may suffer. Ark Webs does
not make implied or written warranties for any of our services. This
includes loss of data resulting from delays, loss of revenue, and any and
all service interruptions.
· It
is absolutely forbidden to host pornographic content. Accounts found hosting
this material will be subject to immediate cancellation without notice and
without refund.
· Ark Webs
does not backup your website:
You MUST maintain a separate current copy of all data stored on Ark Webs
servers on your own computer.
No Backups of any kind are made of customers sites. Backups are
made for server restoration purposes only. No guarantees are made of
any kind, either expressed or implied, as to the integrity of these
backups. The client is responsible for keeping a complete and current
copy of their web site files as backup on a remote system (not on
Ark Webs Hosting servers). Ark Webs Web Hosting is not responsible for any lost files,
information, or data. Ark Webs Web Hosting does not guarantee to
possess the most current copy of a client's website. If loss of data
occurs due to an error of Ark Webs Web Hosting, Ark Webs Web Hosting
will attempt to recover the data at no charge to the client, but no
guarantees are made..
· Email
accounts: E-mail is provided for your use and enjoyment. However, any
E-mail account that uses an excessive amount of storage and/or causes
problems with the mail server may be deleted without notice. You should set
quota limits on email accounts of less than 25MB.
Any E-Mail Account found to contain a virus will be deleted without
notice. We are not an e-mail provider, this is just a free service. If
e-mail is very important to you then you need to find a e-mail service
provider.
We do not guarantee any email left on the server. The webmail options are
only designed to access your email when you are away from your main
computer. If you want to insure that your email is safe, you should use an
email client such as Outlook or Outlook Express to pull your email down to
your computer.
· Ownership
of domain names: Domain names are registered privately in an Ark Webs
maintained account. . Provided your account is in good standing, you own the
domain and it is yours to keep. Should you leave, the domain name is yours
and we will transfer control of it to your own personal account with
Christian-Domains.com. There is no charge for this service. From there, you
can maintain it or transfer it to wherever you want. NOTE: This does not
apply to accounts that are in arrears or if you have violated our terms of
service as outlined above. In such cases, you may purchase your domain name
for $15.00 after settling your account.
· Responsibility
for Content: You, as Ark Webs' customer, are solely responsible for the
content stored on and served by your website.
. Free Website Builders:
If you choose to use one of our free website builders you could lose the
ability to edit your website if we have to change the online website editor
software for any reason. You may have to rebuild it if this occurs.
Also
be sure to read our Acceptable Use
Policy (AUP). Any use of your web space implies acceptance of
this policy. |