Agreeing to the Ark Webs Terms of Service Agreement is part of the Ark Webs Hosting Policies. Please be sure to read them by clicking here.

Content:
All services provided by arkwebs.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless arkwebs.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. 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. Links to such materials are also prohibited. arkwebs.com will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links

• Any thing that brings dishonor to the name of Jesus or God
• Any thing not family friendly
• Pirated software
• Hackers programs or archives
• Warez Sites
• Porn
• Spamming Software

arkwebs.com will be the sole arbiter as to what constitutes a violation of this provision.

Traffic Guidelines
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 5 gigs (on average, close to a 100,000 hits per month) of free traffic/bandwidth per month:

• Sub hosting - any domain housing additional users
• Shareware, sound, video, image and multimedia archives
• Mirror sites
• Distribution points
• Any site whose primary purpose is file distribution
• All sites with files other than plain text webpages

Sites that go over the allowed free traffic will be charged $11 per gig. Sites must pre-pay this fee, and site is subject to suspension if bandwidth is unpaid for.

Chat Rooms:
We provide links to a FREE Christian chat room.

Background Running Programs:
As a general rule we do not allow background running programs. We may allow programs to run continually in the background , these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through arkwebs.com's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the arkwebs.com Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the arkwebs.com Network. If you use a domain name in connection with the arkwebs.com Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security
Customers may not use the arkwebs.com Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. arkwebs.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
arkwebs.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of arkwebs.com's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Spam Or Unsolicited E-Mail:
You must not use the arkwebs.com Network, arkwebs.com equipment or any arkwebs.com email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the arkwebs.com Network, arkwebs.com equipment or any arkwebs.com email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, arkwebs.com reserves the right to disable your domain. In addition, arkwebs.com may impose a $100 penalty for each spam policy violation. arkwebs.com solely reserves the right to refuse or cancel service to known spammers. Lastly, arkwebs.com reserves the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to an arkwebs.com server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Ark Webs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ark Webs, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ark Webs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ark Webs server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Ark Webs to the amount paid for service.

Disclaimer
Ark Webs will not be responsible for any damages your business may suffer. Ark Webs makes no warranties of any kind, expressed or implied for services we provide. Ark Webs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ark Webs and its employees. Ark Webs reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Ark Webs furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Ark Webs wishes to emphasize that in accepting services, customers indemnify Ark Webs for the violation of any law or Ark Webs policy, that results in loss to Ark Webs or the bringing of any claim against Ark Webs. This means that if Ark Webs is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Ark Webs, plus costs and reasonable attorneys' fees.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

Once Ark Webs has opened an account for a customer, there will be no refund for service rendered.  Ark Webs will  make sure that customers new account is opened, operable and ready for use. No other guarantees are made.  Ark Webs will reasonably try to settle all disputes but will under no circumstances refund fees for an account that has been opened. We will help to transfer domain names but do not guarantee results as domain names are the property of the customer and their registrar company.  We strive to give dependable, affordable hosting to the best of our abilities.

Ark Webs reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

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