By ordering our services in any way you are agreeing to be bound by our terms and conditions below.

Policy and Service Guidelines

We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow. Even if you place your order by phone, you are bound by these terms and conditions. These terms and conditions override any email, chat session, or contact of any kind with any of our staff. This Agreement will become effective when accepted by both parties.

Content

All services provided by us 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, City, Country or Province law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless IKSHosting from any claims resulting from the use of the service which damages the subscriber or any other party.

We allow adult material or linking to sites containing adult material. Your site(s) must be legal adult sites that comply with statute 2257 of the USC code. You must specify that your site contains mature material at the time of ordering. We absolutely in no way will tolerate child pornography. We will take action to protect our servers from such things

Prohibited are sites that promote warez or any illegal activity or present content that may be damaging to IKSHosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
Pirated software
Hacker / Cracker programs or archives
Warez sites
Fake Bank
Spam related
any another abuse type

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

Backup

While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Client agrees that Provider is not responsible for Client's files on Provider's servers. Client is solely responsible for the backup of its data stored on Provider's servers and network. Provider should be free for any responsible of lost data on server, Client agrees to bear any and all costs necessary to restore Client's files.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software

E-mail

Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on an IKSHosting machine as reference in that spam is STRICTLY prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. IKSHosting will be the sole arbiter as to what constitutes a violation of these provisions.

To reduce loads on our servers we have imposed a restriction on how many times you may check your e-mail in an hour. This limit is 500 times. This does not mean that you will lose any e-mail during that given time, it just means that you cannot sit with your e-mail program open and hit the receive button every 30 seconds.

Hosting Packages

We reserve the right to change the packages that we offer in any way without prior notice. We normally will send out an announcement when we change things but we reserve the right not to.

Domain Registration

1. Fees

As consideration for the domain name registration services provided by IKSDomain, you shall pay all applicable initial registration fees and renewal fees. We register your new domain through an ICANN approved registrar (Directi.com) and you agree to pay us $9.95 US per year for the total of the years that you are registering upon registration and then you agree to pay $9.95 US per year after that for every year that you use the domain. You will be notified (by email only) when renewal fees are due or if you have a hosting package with us for that domain, your account will be automatically debited 45 days prior to it's renewal time to be sure it gets renewed, and it shall be your responsibility to ensure that such fees are paid. If you do not respond or pay within the specified time period for registrations or renewals or if you have the charges reversed on your credit card after ordering the domain (even though you ordered it), the ownership of the domain will transfer to IKSHosting and will not be available for purchase. You agree that IKSHosting shall have no liability whatsoever with respect to any such cancellation, and that IKSHosting may cancel or reassign the domain name in the event of any delinquency or abuse of these terms. We reserve the right to refuse any domain registration request at our discretion. All domain registration fees are non-refundable. Once the domain is ordered, we can not get your money back if you change your mind.

To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by IKSHosting and/or Directi. You acknowledge that IKSHosting may modify this Agreement if necessary to comply with its Agreement with the registrar and ICANN, or for any other business purpose.

2. Use of Your Information

As part of the domain registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver's for the domain name; (iv) the corresponding names of those nameserver's; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Who Is data.

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name and hosting. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You acknowledge that IKSHosting will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that IKSHosting may or must make available to the public or to private entities. IKSHosting will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in IKSHosting possession to review, modify or update such information.

3. Use Policies

IKSHosting reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. You may not transfer your domain to another registrar within sixty (60) days of obtaining the domain name through us.

4. Representations and Warranties

You represent and warrant that all information provided by you in connection with your registration is complete and accurate. IKSHosting makes no representation or warranties of any kind in connection with this Agreement. IKSHosting does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

5. Breach and Revocation

Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by IKSHosting If you fail to cure the breach, IKSHosting may revoke your registration of the domain name.

You also agree that IKSHosting shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as IKSHosting receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of IKSHosting to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by IKSHosting of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

System and Network Security

Violations of the IKSHosting system or network security are prohibited, and may result in criminal and civil liability. IKSHosting will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:

1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
2. Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network.
3. Interference with service to any user including, but not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
4. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
IKSHosting reserves the right to report illegal activities to any and all regulatory, administrative, and / or governmental authorities for prosecution.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Age
The client must be 18 years of age to obtain our hosting services. If a client is under the age of 18 and would like to obtain our hosting services then it is necessary for a parent or guardian to enter this agreement.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of IKSHosting is strictly prohibited.

Newsgroups
Posting the same or similar message referencing your domain hosted with us in any way to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

Background Running Programs and Responsible CGI use
We may give you the freedom in executing CGI programs at no cost. Other providers limit their users access to CGI. We do not. The only favor we ask in return is that you respect CPU usage. It would be unfair to other users to run a program that hindered the performance of a server. We reserve the right to disable any CGI script that affects normal server operation.

No database may be used for logging of information available through our server logs. Databases are only to be used for IKSHosting hosted web sites, and no outside access will be granted. No cron job may run more than once every two hours and must be set up to "nice" at a value of 10 or greater.

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Excessive Use of Resources

While we do offer our resellers many things unlimited such as the following:
Unlimited Pop3 Mail
Unlimited Auto Responders
Unlimited MySql DB's
Unlimited Mailing Lists
Unlimited Subdomains
Unlimited Forwarding
Unlimited FTP Accounts
excessive use of these resources will cause your account to be suspended or terminated. A warning will be issued prior to suspension and/or termination. Excessive use is defined as using more then 3% of system resources.

IP Numbers

IKSHosting maintains control and any ownership of any and all I. P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site.)

Indemnity

You agree to defend, indemnify and hold harmless IKSHosting and any applicable domain name registry, including enom.com, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to (unless you do not pay for it and we have to transfer the ownership to us - see the section on domain registration above) and we do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.

Limitation of Liability (Hosting)

IKSHosting shall not be responsible for any loss and damages caused by IKSHosting client. IKSHosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from IKSHosting servers going off-line or being unavailable for any reason whatsoever. Further, IKSHosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of IKSHosting servers. All damages shall be limited to the immediate termination of your service. IKSHosting, will not be held responsible for any problems that a client's customer may have. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee.

Account Activation

All sales/services/subscriptions are FINAL with the exception of our 30 day money back guarantee, no refunds. However, if our servers or network goes down for unexpected maintenance/our servers going off line for an unreasonable amount of time, we will give you a credit on your next months hosting(exclude DDosed server,abuse account,private hosting). By activating your account with IKSHosting, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

Payment

Payment is due 10 days from receipt of invoice.
Payments not received within 5 days of the due date of invoice subjects your account to suspension.
Payments not received within 15 days of the due date of invoice subjects your account to deletion.

Refunds and 30 Day Money Back Guarantee

IKSHosting offers a 30 day money back guarantee. This 30 day money back guarantee covers you in the event that we fail to provide the services in which you have purchased in first 30 day. In the event that we fail to provide you with the services you have purchased please send e-mail to sales@ikshosting.com and request your refund. Refunds will be issued within 30 days of reciept of refund request.
Refund and guarantee not given on private hosting, abuse account and DDOS'ed server.

Refusal of Service

IKSHosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies. IKSHosting reserves the right to terminate any account at any time and for any reason. IKSHosting reserves the right to delete all content and files upon termination. IKSHosting reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. IKSHosting ,reserves the right to refuse, cancel, or suspend service at our sole discretion.

In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. IKSHosting may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of IKSHosting as reflected in the original provision.

IKSHosting reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

This Agreement, the IKSHosting fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and IKSHosting ,and supersede and govern all prior proposals, agreements, or other communications.

All distributive hosting sites of IKSHosting must adhere to the above policies.

Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to our abuse team.

Failure to follow any term or condition will be grounds for immediate shut down.