Terms And Conditions
Last Updated
01/15/2011
1.) Account Setup
We 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.
2.) Content]
All services provided by us may only be used
for lawful purposes. This includes, but not limited to:
copyrighted material, material we judge to be threatening or
obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against
sending of unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and "double optin" will be treated as spam. Any user who
sends out spam will get 1 notice and if the issue continue they
will have their account terminated without notice.
We reserve the right to require changes or
disable as necessary any web site, account, database, or other
component that does not comply with this policy, at its sole
discretion. We also reserves the right to make any such
modifications in an emergency at our sole discretion.
We reserve 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 left entirely to the discretion
of CHK Hosting, LLC. All rights reserved.
4.) Support Phone Lines
CHK Hosting, LLC Phone Support lines hours are 9 am to 5 pm Central Standard
Time zone.
For after hours support please open a support ticket in your client
control area. Toll Free: (866)610-0449 Local MN: (651)964-3771
5.) Payment Information
You agree to supply appropriate payment for
the services received from us, in advance of the time period
during which such services are provided. You agree that until and
unless you notify CHK Hosting, LLC of your desire to cancel any
or all services received, those services will be billed on a
recurring basis.
We reserve the right to change the monthly
payment amount and any other charges at anytime.
6.) Backups and Data Loss
Your use of the service is at your sole risk.
We are not responsible for files and 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 our servers.
7.) Cancellation and Refunds
We reserve the right to cancel the account at
any time.
Customers may cancel at any time. We give you
an unconditional 30 day money back guarantee on managed shared
hosting and voice servers. Refund requests after 30 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.
8.) Resource Usage
Users may not initiate the following:
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 any type of interactive real-time chat
applications that require server resources. Remotely-hosted
services are fully allowed.
c) Run stand-alone, unattended server-side
processes at any point in time on the server. This includes any
and all daemons, such as IRCD.
d) Run any software that interfaces with an
IRC (Internet Relay Chat) network.
e) Run any gaming servers such as
counter-strike, half-life, battlefield1492, etc
9.) 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.
10.) Account Security
You will receive a password and Member ID upon completing the
Service registration process. You agree to keep confidential all
passwords and computer names and are solely responsible for any
liability or damages resulting from your failure to maintain that
confidentiality. You are also solely and fully responsible and
liable for all activities that occur under your password or
Member ID. You agree to do all of the following: (a) immediately
notify CHK Hosting, LLC. if you suspect any breach of security
such as loss, ID, or any credit or charge card number provided to
CHK Hosting, LLC by contacting CHK Hosting, LLC. immediately.
11.) Money back Guarantee
On dedicated servers no full refund will be
honored, the 30 day money back guarantee does not apply. We
reserve the right to refund a prorated amount or no refund at
all.
12.) Price Change
The amount you pay for hosting will never
increase from the date of purchase. We reserve the right to
change prices listed on our site, and the right to increase the
amount of resources given to plans at any time.
13.) Disclaimer of Warranties
CHK HOSTING, LLC DOES NOT WARRANT
OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,
OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW
CHK HOSTING, LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS.
14.) Request for
Customer Information
Customer agrees that CHK Hosting,
LLC may, without notice to Customer, (i) report to the appropriate
authorities any conduct by Customer or any of Customer's customers
or end users that CHK Hosting, LLC believes violates applicable law,
and (ii) provide any information that it has about Customer or any
of its customers or end users in response to a formal or informal
request from a law enforcement or regulatory agency or in response
to a formal request in a civil action that on its face meets the
requirements for such a
request.
15.)
Indemnification
Customer agrees that it shall defend,
indemnify, save and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against us, 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 any liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with us; (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 CHK Hosting
server.
16.) Disclaimer
We will not be responsible for any damages
your business may suffer. We make no warranties of any kind,
expressed or implied for services we provide. We 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 us
and our employees.
17.) Changes to the TOS
We reserve the right to revise its policies at
any time without notice.