Terms of Service
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Ark Web Hosting and describes the terms and conditions that apply to such purchase and use of the Service. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Ark Web Hosting reserves the right to change or modify and of the terms and conditions contained in this Agreement at any time and from time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Ark Web Hosting may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Ark Web Hosting’ posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1.Payment. As consideration for Ark Web hosting providing the Hosting Services hereunder, Customer agrees to pay Ark Web Hosting the aggregate monthly or yearly fee based on the monthly or yearly hosting services and the terms selected.
2. Provision of Services. Ark Web Hosting will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees the Ark Web Hosting will host and create the Web site solely in accordance with the information provided by Customer.
3. Privacy. Ark Web Hosting will not access or share any files uploaded by Customer unless granted permission via email, phone, message, or any other method of communication.
4. Rights to the Web Site and Content. With the expectation of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Ark Web Hosting. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Ark Web Hosting, and licensed by Ark Web Hosting or generally available to the public, including Customer, under published licensing terms, and that Ark Web Hosting will use to display or run a Web site. Ark Web Hosting owns the rights to the design of the web site. If a customer stops paying the monthly or yearly fee for the web site upon cancellation the customer is not entitled to use the web site for any purpose whatsoever.
5. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Ark Web Hosting and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as a style sheets, animation templates, interface programs that link multimedia and other programs, customised graphics manipulation engines, and menu utilities whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute and Background Technology to any third party without the prior written consent of Ark Web Hosting. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Ark Web Hosting. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
6. Limited License to Content. Customer hereby grants to Ark Web Hosting the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Ark Web Hosting hereunder, solely for the purpose if rendering Ark Web Hosting’ Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
7. Content Standards. Customer agrees not to provide Customer Content, and Ark Web Hosting will not intentionally provide to Customers and content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then customer agrees to comply with all applicable local and national laws. Ark Web Hosting reserves the right to refuse any other subject matter it deems inappropriate.
8. Support. Ark Web Hosting agrees to provide reasonable technical support by email to Customer during Ark Web Hosting’s normal technical support hours should Customers hosting package provide it.
9. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Ark Web Hosting may terminate this Agreement after five (5) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of his Agreement, Customer will pay Ark Web Hosting for all services provided to Customer by Ark Web Hosting prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
10. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is” and Ark Web Hosting expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Ark Web Hosting will not be liable for any temporary delay, outages or interruptions of the Service. Each party acknowledges that is has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Ark Web Hosting to a Customer will be deemed accepted when delivered.
11. Indemnity. (a) Customer Indemnity. Customer will defend Ark Web Hosting against any third-party claim, action, suit, or proceeding alleging any breach of covenants contained in Section 6. Subject to Section 11, Customer shall indemnify Ark Web Hosting for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Ark Web Hosting as a result of any such third-party claim, action, suit, or proceeding. (b) Ark Web Hosting’ Indemnity. Ark Web Hosting will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Ark Web Hosting shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnifying party is seeking indemnity; (ii) granting control of the defence and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party at the indemnifying party’s expense.
12. Limitation of Liability. ARK WEB HOSTING’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ARK WEB HOSTING DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. ARK WEB HOSTING SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION FO BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ARK WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, ARK WEB HOSTING WOULD NOT ENTER INTO THIS AGREEMENT.