Terms of Service Agreement

1. Introduction

arkwebs.com is a Christian web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both arkwebs.com and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein.

2. Definitions

A "arkwebs.com" refers to the web hosting service provided by Ark Webs Christian Hosting.

B. "Customer" refers to you, the party requesting service from arkwebs.com and using services provided by arkwebs.com.

C. "The Service" refers to the service(s) provided by arkwebs.com to its customers, including, but not limited to, the use of space on arkwebs.com internet servers for the purpose of storing data to be transmitted across the Internet, the use of arkwebs.com Internet servers to process data and return information to visitors at customer web site(s), the use of arkwebs.com domain name servers to answer domain name queries for customer domain name(s), the use of arkwebs.com domain name registration services to register a domain name(s), and the use of arkwebs.com mail servers for sending and/or receiving electronic mail to and/or from others on the Internet or other data networks worldwide. Additionally, the service will be disabled from time to time when maintenance is performed on our systems. Service will be restarted when maintenance is completed. We will keep these times as short as possible, but to provide a secure, fully functional system, upgrades must be performed.

D. "Annual Fee" refers to the $45 (200MB) or $70 (500MB) or dollar amount set at signup (to meet customers particular need) Annual Domain Registration/Maintenance Fee that each and every client must pay to arkwebs.com in order to maintain web hosting service past the first year (Not applicable to monthly and yearly pre-pay plans).  The Annual Domain Registration/Maintenance Fee is NON CANCELABLE AND NON REFUNDABLE. The Annual Domain Registration/Maintenance Fee covers the costs associated with registering and maintaining your domain name and webspace on our servers, as well as server maintenance, paperwork processing, etc. 

If you are signing up for new service, this contract guarantees that your Annual Domain Registration/Maintenance Fee due one year from now will cost $45 (200MB) or $70 (500MB). No guarantee is made as to what the price will be for subsequent years but we will strive to keep the fee the same as when you sign up. We have never raised the annual fee to an existing account yet and will not unless we cannot maintain our high level of service without it. (All signups before May 22, 2002 will not have their annual fee raised per the agreement in our original terms of service.)  Annual Domain Registration/Maintenance Fees in the future can be lower or higher. Please ALWAYS read your contract, which will state what the Annual Domain Registration/Maintenance Fee is for that contract.
 
If you are renewing your account, this contract guarantees that your Annual Domain Registration/Maintenance Fee due one year from now will cost $45 (200MB) or $70 (500MB) depending on the Plan you choose. No guarantee is made as to what the price will be for subsequent years. (All signups before May 22, 2002 do have this guarantee as agreement with our original terms of service.) Annual Domain Registration/Maintenance Fees in the future can be lower or higher. Please ALWAYS read your contract, which will state what the Annual Domain Registration/Maintenance Fee is for that contract.
Your invoice will only be sent by email to the email address you have provided us. We will send an invoice 1 month before your site expires.  If payment is not made, arkwebs.com reserves the right to disable your website until arrangements for payment have been made. It is your responsibility to contact us before your payment due date if you have not heard from us. Please be sure to keep your contact email address up-to-date as it is the only way we can contact you.

3. Scope of our Services

arkwebs.com will provide you with services as detailed on our website at http://arkwebs.com/.

4. Term of This Agreement

This agreement has a termination date of one year after accepted by customer, and services requested by you will continue to be provided until that date in perpetuity, unless terminated by you or by us as provided for in section 6 of this document.

5. Your responsibilities

A. You MUST supply appropriate payment for arkwebs.com service before starting use of the service.

B. You MUST maintain a separate current copy of all data stored on arkwebs.com 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 arkwebs.com Web Hosting servers). There is a backup utility on the control panel.
arkwebs.com Web Hosting is not responsible for any lost files, information,  or data. arkwebs.com 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 arkwebs.com Web Hosting, arkwebs.com Web Hosting will attempt  to recover the data at no charge to the client, but no guarantees are made..

C.
1.Server A*: No longer in use

Server B* or C: Any E-mail account that exceeds 50MB of storage and causes problems with the mail server may be deleted without notice. You should set limits on email accounts of less than 50MB. Any E-Mail Account found to contain a virus will be deleted without notice.
 *As of June 13, 2002, your welcome letter will say which server your account is on.

2. You MUST retrieve your Anon-FTP files in your incoming directory from our servers within 24 hours. Any Anon-FTP files that is stored on our servers for more than 24 hours may be deleted without notice. Any Anon-FTP files Account found to contain a virus, stolen or illegal file will be deleted without notice.

D. You MUST use the service only for lawful purposes.

E. You MUST comply at all times with our policies. In agreeing, you understand that the policies can and will change periodically without notice. A complete and updated list or our policies is located publicly at:
http://www.arkwebs.com/policy.html    

F. You MUST NOT use or install any type of script that does any of the following: Enable Chat, Enable Telnet Access,  spamming, smurfing, sniffing, hacking, or any other illegal act.

G. You MUST allow us to contact you in any way shape or form for purposes that we deem appropriate within the constructs of US Law. arkwebs.com will contact you often via email in the form of a newsletter, a notification, an advertisement, a survey, a question, an update, and any other form of email contact that arkwebs.com deems necessary.

H. You MUST download to your home computer and keep any necessary backup of all raw access logs each month. In order to conserver webspace, any and all access log files from the previous month will be deleted on the first of each month.

I. You MUST not slander, libel, or publish defamatory information against us in any way or manner.

J. You MUST NOT abuse the server in any way shape or form. Abuse of the system will result in a $100 fine, and/or termination of service. Abuse is anything that causes harm to the servers or the service provided by arkwebs.com.

K. You MUST PRE-PAY for any and all Traffic that goes over your monthly allowance.
You MUST pay any and all Traffic Violation Fees as soon as you have been notified of a Traffic Violation. Traffic Violations are subject to the following policy:
TRAFFIC VIOLATION POLICY: All accounts are provided with a generous 10 gigs of traffic. Traffic means website hits, uploads, downloads, anonFTP, normal FTP, E-Mail, Autoreponses, Returned E-Mail processing, Mailing Lists, FrontPage use, etc. Basically, anything and EVERYTHING that ever runs through your site counts towards your Traffic allowance of 5 gigs per month. Traffic is metered via INTERNAL software and is extremely accurate. Client does not see or use or have access to the same internal software that is used to meter Traffic. Client is provided with a THIRD PARTY Site Statistics programs that is to be used for entertainment purposes only, and is has no warranty or guarantee of any kind. The client is responsible to notify arkwebs.com of any problems found with the Traffic Meter using THIS FORM. The Traffic Meter can be viewed 24 hours a day on the left hand side of the client Online Control Panel. Client should check Traffic Meter often and notify arkwebs.com as soon as a problem is detected using THIS FORM. Once a problem is brought to arkwebs.com attention, a arkwebs.com Manager will investigate and report back to the client his/her findings. The finding of the Manager is considered FINAL, and if an amount is due, client will be expected to pay it immediately.

6. Service at Will

We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document, and/or our policies page. We shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies.

You have the right to terminate your relationship with arkwebs.com at any time for any reason. You may notify us of your desire to cancel your service, in writing, via fax to (866) 590-8750 or via US Mail to Ark Webs Ministries, 167 Grazing Meadows Dr., Jonesborough, TN 37659 USA. 

7. Indemnification

You agree to indemnify, defend, and hold harmless arkwebs.com and Ark Webs Ministries. from any and all liabilities, penalties, losses, damages, costs, expenses, attorney's fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which end up damaging either you, arkwebs.com, Ark Webs Ministries., or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.
You agree to indemnify, defend, and hold harmless arkwebs.com and Ark Webs Ministries from any and all liabilities, penalties, losses, damages, costs, expenses, attorney's fees, causes of action or claims caused by or resulting directly or indirectly from arkwebs.com providing Support, Tech Support, or Customer Service to you, or your site which end up damaging either you, arkwebs.com, Ark Webs Ministries, or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.

8. Warranties

arkwebs.com makes no warranties or representations of any kind for the services being offered. The service is provided on as "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by arkwebs.com or its agents or employees shall create a warranty. arkwebs.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall arkwebs.com be liable for any direct, indirect, special, punitive or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with arkwebs.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

9. Free Domain Name Information And Instructions

arkwebs.com provides each and every fully paid 100, 200 or 500 meg web hosting account with opportunity to receive a free .com, .net, or a .org domain name. You can read the Free Domain Name policy that is PUBLICLY LOCATED HERE:
http://arkwebs.com/free-domain.html

10. Renewal

In order to renew this contract, you must pay a $45 (200MB) or $70 (500MB) Annual Domain Registration/Administration Fee depending on the plan you choose.
No guarantee is made as to what the price will be for subsequent years but we will strive to keep the fee the same as when you sign up. We have never raised the annual fee to an existing account yet and will not unless we cannot maintain our high level of service without it. (All signups before May 22, 2002 do have this price guarantee as agreement in our original terms of service if they accept the offer to move to our new servers with EV1Servers.)  Annual Domain Registration/Maintenance Fees in the future can be lower or higher. Please ALWAYS read your contract, which will state what the Annual Domain Registration/Maintenance Fee is for that contract.
Your invoice will only be sent by email to the email address you have provided us. We will send an invoice 1 month before your site expires.  If payment is not made, arkwebs.com reserves the right to disable your website until arrangements for payment have been made. It is your responsibility to contact us before your payment due date if you have not heard from us. Please be sure to keep your contact email address up-to-date.

11. Notice Under the Electronic Communications Privacy Act (ECPA)

arkwebs.com reserves the right to monitor any and all communications through or with our facilities. You agree that arkwebs.com is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.

12. Prior Agreements

This agreement supersedes any written, electronic or oral communication you may have had with arkwebs.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

13. Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable.

14.Jurisdiction

This agreement shall be governed by the laws of the State of Tennessee.

15. Acknowledgement

By placing and continuing to maintain or place information on arkwebs.com servers, you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them.