This is an Agreement between you, either individually or as a representative of your institution ("Customer"), and serverPK. You must accept the terms of this Agreement prior to using any Services provided by serverPK. Policies apply automatically to all serverPK clients upon subscription to the Services including subscription through a third party, any commercial partner, through serverPK website, physical order form or telephone call. This Agreement sets forth the general terms and conditions of your use of the products and services purchased or accessed through the serverPK website (individually and collectively, the "Services"). If you do not agree to any term of this Agreement, you must notify serverPK immediately as stated herein and cease use of all Services within 24 hours of such notification.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE. serverPK may modify this Agreement, any Addendum, policy or guideline incorporated by reference from time to time, with or without notice, and to determine whether and when any such changes apply to both existing and/or future Customers, at its sole discretion. Any such modifications will be effective as of the date the revised Agreements, policies or guidelines are posted on the serverPK website. Your continued use of Services after such modification shall be deemed to be your acceptance of any such modifications. Modifications to this Agreement shall not be construed as cause for early termination or non-payment. It is your responsibility to review the "Legal Agreements and Policies" page on the serverPK website on a regular basis to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must notify serverPK immediately as stated herein and cease use of all Services within 24 hours of such notification.
This agreement becomes effective as of the date Service is ordered (the "Initial Term"), whether such order is placed via the serverPK website, physical order form or telephone call, for the period indicated on such order. This Agreement will be renewed automatically for another period of same duration (the "Renewal Term"), unless Customer notifies serverPK as stated herein prior to the end of Initial Term or Renewal Term (the "Service Period").
Customer may cancel Customer's use of Service at any time before the end of the Service Period, but at no time will serverPK be required to issue a refund if such cancellation occurs after the first 30 days of the Initial Term. If Customer cancels use of Service within the first 30 days of the Initial Term, Customer is entitled to a refund equal to any amount paid in advance for Service, less any applicable Setup Fees or Domain Registration Fees, even if such fees were initially waived. Notice of cancellation must be submitted to serverPK. Even after cancellation of Service, this Agreement will remain in force until the end of the Service Period. serverPK may terminate this Agreement at any time and for any reason by providing Customer written notice 24 hours prior to the date of termination. Notwithstanding the foregoing, serverPK may terminate this Agreement immediately, in its sole judgment, due to Customer's breach of any term of this Agreement, Addendums, policies or guidelines, including but not limited to refusal or failure to pay for Services in full, engaging in unlawful activities or activities harmful to any of serverPK's other customers, employees, vendors, business relationships or any other Internet user. Threatening harm to persons or property or otherwise harassing behavior to the serverPK's other customers, employees, directors, vendors, business relationships or any other Internet user. Violating laws for software or technical information. Misrepresenting or fraudulently representing products/services, If we receive a DMCA for your site/clients site this is abuse to our TOS if you are proven guilty. Transmission, distribution or storage of any material in violation of any applicable law or regulation. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal. Facilitating, aiding, or encouraging any of the above activities, whether using serverPK's network or service by itself or via a third party's network or service. Interference with a third party's use of serverPK's network or service, or ability to connect to the Internet or provide services to Internet users
Should termination occur for such reasons prior to the end of the current Service Period, Customer understands that no refund will be issued; it is difficult or impossible to ascertain damages caused by Customer's actions which caused such termination and therefore, Customer agrees to pay the balance for the remaining Service Period as liquidated damages. The payment of these damages by Customer in no way limits Customer's responsibility under this Agreement for Customer's action that triggered Customer's immediate termination.
You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password. If you violate our terms of service refunds are not given under any circumstances. If you open any disputes we are allowed to suspend your account so we can investigate. We reserve the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Refunds cannot be provided for any store credit. Refund's do not include any domain purchases and any abuse toward's our Term's Of Service void's any refund's. TOS also applys for our Virtual Private Server's. Refunds cannot be provided for One-Time services, this includes Dedicated IP Addresses, Software Subscriptions, Labor, Setup Fees, Late Fees, etc
Customer agrees to pay for all Services ordered on a prepaid basis, including subsequent Renewal Terms, unless an authorized representative of serverPK has made other specific arrangements in writing. If Customer provides credit or debit card information to serverPK, you thereby authorize serverPK to charge your credit or debit card(s) to pay for any charges that may apply to your account. You further agree to notify serverPK should any changes be made to your credit or debit card provided, including but not limited to, account number, expiration date, billing address, or any other code or required to process a payment using the card. Regardless of Customer's country of origin, Customer will be billed in Pakistani Rupee and agrees to make payments in Pakistani Rupee. serverPK does generate invoices 10 days early given you enough notice that you have an open invoice how ever just because we state that don't rely on this you should be well aware of your due date and its your duty to ensure your accounts billing are up to date. Customer agrees to pay all invoices for Services by due date in full; if payment isn't made before due date account password will be locked on due date, if payment isn't made within 5 days of due date, a late fee of 15% or Rs.1000 (whichever is greater) may be applied to balance and/or Services suspended at serverPK's sole discretion. If payment isn't made within 10 days of due date, it will be considered a material breach of this Agreement and serverPK may, in addition to any other remedy it may have, suspend its performance of the Services and/or terminate this agreement and delete any and all Customer data from its servers. Any such suspension or termination of the Services will not relieve Customer of obligation to pay past due fees and interest. Customer is responsible for any and all applicable taxes, including federal, state and local sales, use, value added, excise duty and any other taxes assessed with respect to Customer's use of Services, other than taxes based on serverPK's net income. Any billing disputes must be corrected by contacting serverPK. If Customer contacts credit card processing company and initiates a chargeback then Customer will be responsible for a Rs.100 Chargeback Fee per chargeback; failure to pay this fee will result in termination of Customer's account. Furthermore, Customer agrees that any domain name(s) registered through serverPK, where Customer is the Registrant of record, may be transferred to serverPK's name as Registrant, in serverPK's sole discretion; Customer agrees the value of any such domain registrations, regardless of the time remaining for the registration(s), combined with the Chargeback Fee(s) stated above, is to be considered liquidated damages for issuing a chargeback.
Should Customer pay an amount in excess of the current amount due, the amount in excess will be credited to Customer's account and used to offset future payments. Only at Company's sole discretion will overpayments be returned to customer.
serverPK reserves the right to modify, change, or discontinue any aspect of its website or Services, including without limitation, prices and fees, at any time.
Customer agrees to limit access to account information to authorized individuals only, such as household members, employees or consultants, and is responsible for ensuring all such individuals comply with this Agreement and any Addendum, policy or guideline incorporated to this Agreement by reference. Customer is responsible for maintaining confidentiality of account passwords and any additional charges resulting from use of Customer's account. Customer agrees to not use, or permit others to use, the Services in any way that violates any law or regulation, subjects serverPK to liability, or is contrary to serverPK's Acceptable Use Policy. Furthermore, Customer agrees to abide by acceptable use policies of all Third Party Services.
In the event of inappropriate use of Services or of Third Party Services, serverPK, at its sole discretion, may suspend Customer access to serverPK's servers. Misuse includes but is not limited to the following: (i) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information; (ii) use Services to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (iii) intercept or attempt to intercept Email; (iv) upload files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents; (v) upload files that contain a virus or corrupted data; (vi) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to serverPK's servers; (vii) falsify the source or origin of software or other material contained in a file that you upload to serverPK's servers; (viii) use your account in a manner that adversely affects the availability of its resources to other Customer's; (ix) send Email to serverPK's other Customer's for any purpose or personal communication, including to advertise or offer to sell goods or services to other Customer's (except as otherwise expressly permitted by serverPK); (x) act, or fail to act in a manner that is contrary to applicable law or regulation; or (xi) send Spam as defined in Section 6 (a). In addition, each time you upload a file to serverPK's servers you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of this Agreement. In the event of Misuse, in addition to the remedies outlined herein, serverPK may disable any domain(s) to prevent further Misuse at its sole discretion.
serverPK reserves the right and has absolute discretion to restrict or remove from its servers any content, data, and hosting accounts under VPS/Reseller/Shared Hosting that violates this Agreement or related Addendums, policies or guidelines, or is otherwise objectionable or potentially infringing on any Third Party's rights or potentially violates any laws. serverPK may take immediate corrective action, including, but not limited to, (i) issuing warnings, (ii) suspending or terminating the Service, (iii) restricting or prohibiting any and all uses of content hosted on serverPK's servers, and/or (iv) disabling or removing any hypertext links to Third Party websites, any of your content distributed or made available for distribution via the Services, or other content not supplied by serverPK which, in serverPK 's sole discretion, may violate or infringe any law or Third Party rights or which otherwise exposes or potentially exposes serverPK to civil or criminal liability or public ridicule. serverPK's right to take corrective action, however, does not obligate serverPK to monitor or exert editorial control over the information made available for distribution via the Services. If serverPK takes corrective action due to such possible violation, serverPK shall not be held responsible for any damage or obligated to refund to Customer any fees paid in advance of such corrective action.
In order to comply with applicable laws or governmental requests and subpoenas, to protect serverPK's business, servers and/or customers, serverPK may disclose any information it deems necessary or appropriate, including but not limited to, Customer's user information (ie. name, email address, etc.), IP addresses, usage history, and content residing on serverPK's servers. serverPK also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate Third Parties. Customer Liability. Customer is liable for any damages that result from willful or negligent violation of this Agreement, the Acceptable Use Policy of serverPK, or the acceptable use policy of any Third Party Services.
Customer hereby grants to serverPK a non-exclusive, worldwide, royalty-free license to use your content as necessary, including content submitted through Email or Customer's Account, for the purposes of rendering and operating the Services covered by this Agreement, during the Service Period. Customer expressly (i) grants to serverPK a license to cache such materials, including materials distributed or made available for distribution via the Services, content supplied by Third Parties, and (ii) agrees that such caching is not an infringement of any of your intellectual property rights or any Third Party's intellectual property rights. serverPK shall own exclusive rights (including all intellectual property and other proprietary rights) to any Customer submissions posted to the serverPK website, and shall be entitled to the unrestricted, royalty-free use and dissemination of any Customer submissions posted to serverPK's website, unless marked "private" or password protected, for any purpose, commercial or otherwise, without acknowledgement or compensation to Customer or anyone else.
Customer grants to serverPK a limited right to use its trademarks, if any, for the limited purpose of permitting serverPK to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license use of Customer's trademarks or to use Customer's trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
All materials, including but not limited to any computer software (in object code and source code form), scripts, data or information developed or provided by serverPK or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by serverPK to provide the Services to Customer, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of serverPK or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by serverPK during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. Customer may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
serverPK is not responsible in any manner for any activity caused by Customer, its agents or customers. In addition, serverPK is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond serverPK's reasonable control.
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY serverPK UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. CUSTOMER ACKNOWLEDGES AND AGREES THAT serverPK EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH serverPK'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. serverPK DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, serverPK DOES NOT MAKE AND HEREBY DISCLAIMS, AND CUSTOMER HEREBY ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, WAIVES ALL RELIANCE ON ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
You warrant, represent, and covenant to serverPK that (i) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (ii) you possess the legal right and ability to enter into this Agreement; (iii) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (iv) you will be financially responsible for the use of your account; (v) you have acquired or will acquire all authorization(s) necessary for hypertext links to Third Party websites or other content; (vi) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (vii) your content and/or any software that you install or provide does not and will not infringe or violate any right of any Third Party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
IN NO EVENT SHALL serverPK HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED BY serverPK, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. serverPK SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF serverPK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF serverPK TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO A CREDIT APPLIED TO CUSTOMER'S ACCOUNT FOR THE AMOUNT ACTUALLY PAID TO serverPK BY CUSTOMER UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED AS LIQUIDATED DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY serverPK UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, CUSTOMER HEREBY RELEASES serverPK FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION. BECAUSE SOME STATES, COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COUNTRIES OR JURISDICTIONS, serverPK'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Except as expressly provided in this Agreement, Customer hereby acknowledges and agrees that serverPK will not be liable for any temporary delay, outages or interruptions of the Services, and cannot be held liable for system downtime, crashes, or data loss. serverPK cannot be held liable for any predicted estimate of profits in which a Customer would have gained if their website was functioning. Certain services provided by serverPK are resold; therefore, certain equipment, routing, software, and programming used by serverPK are not directly owned or written by serverPK and are outside of its direct control. Further, serverPK shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or Third Party supplier failure). Customer hereby acknowledges and agrees that serverPK reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. serverPK will use best efforts to notify you of pending maintenance; however, at no time is serverPK under any obligation to inform you of such maintenance.
Notwithstanding the foregoing, serverPK provides a 99.9% Uptime Guarantee to all Web Hosting Customers. Should Customer's website availability become unavailable for a cumulative period of 1 hour in any one calendar month due to a non-maintenance issue under the direct control of serverPK, Customer will receive a credit equivalent to one day of Customer's Recurring Monthly Fees for that month. Customer will receive an additional credit of one day of the Recurring Monthly Fees for each additional hour of downtime or unavailability. All credit calculations will be based on unavailability in one-hour increments. This Service Level Agreement does not cover outages caused by equipment and/or events not under the direct control of our serverPK, or outages due to scheduled or emergency network and/or server maintenance. Any and all credits to customer will not exceed 100% of Customer's Recurring Monthly Fees for the month in which the credit is applied. To receive the credit(s) as described above, Customer must notify serverPK of any downtime in writing, and ask for verification of the downtime for consideration of credit.
Customer will defend, indemnify and hold harmless serverPK and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnified Party") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnified Party by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) Customer's violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) Customer's conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) Customer's use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of Customer whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by serverPK ; or (v) any claim relating to Customer's services or products, or Customer's installation and/or use of any Third Party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a Third Party (including, without limitation, defamation, libel, or violation of privacy or publicity). Customer agrees to reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party; at all times Indemnified Party may choose its own council.
serverPK is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, defined as any Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax) from being sent either: (i) over the serverPK network, by customers or any other users of the serverPK network (including Customer's customers); and/or (ii) over ANY network if the message sent advertises or mentions a site hosted on our server. serverPK also prohibits the selling products that can be used for spamming, such as mass-mailing software, and will react quickly and seriously to violations; serverPK reserves the right to suspend or terminate the related Services without prior notice of any Customer disregarding this policy as outlined in Section 2 (b). If you have any complaints or comments regarding Spam on our network, please direct them to Customer Support.
serverPK provides technical support to our Customers via control panel ticket system, email, telephone and live chat. serverPK provides support related to Services provided or account physical functioning. serverPK does not offer technical support for application specific issues such as ASP, ColdFusion, .NET, PHP, Perl (scripting errors), HTML or any other such issue. serverPK does not provide any kind of technical support for Customer's customers.
The term "unlimited hosting" account ("UHA") is defined as a Hosting Account with enough quota to allow continual, normal use without concern for disk storage and network data transfer quota as the Customer's website becomes popular. While a UHA may contain unlimited MySQL account creation, each MySQL database should be optimized to be no larger than 300 MB in size. A UHA may not include: (i) copyrighted content that you do not hold usage or distribution rights; (ii) file upload, sharing, archive, backup, mirroring or distribution site data; (iii) websites created primarily to drive traffic to other websites; and/or (iv) methods to make Customer resources available (whether for free or for payment) to the general public.
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name. >We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
All annual hosting plans include a domain name for FREE! It will be free for as long as you host with serverPK. FREE domains include only on the following domain extensions(.com/.net/.org/.biz/.info/.us). Please note that domain transfers away incur an administration fee of $15/ per year for each domain transfer no matter it was given free or paid by the user.
This includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of serverPK.
We have no gambling site policy at this time as we lack exposure to this. Proceed with caution and expect the worst.
Our servers are located in the US. Warez and Warez linking/Torrents is strictly forbidden in US due to copyright laws. Any accounts found having either will be terminated or suspended with or without notice.
Customer is prohibited from utilizing serverPK services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site. serverPK itself secures it server's the best we can but serverPK is not responsible if your site or your clients site has been hacked what so ever it is your duty to make sure all script's that you are running are up to date to avoid any exploits which could cause your site harm. serverPK will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting, reseller, master reseller solutions. However, the customer or customer "customers" must keep a personal backup copy of its software, sites, databases and all hosted content. serverPK should not be held responsible of any loss of data or data corruption. Backups will not be provided for accounts that have been suspended or terminated or for any clients who have filed a dispute regarding billing or for any reason unless otherwise agreed to in writing by serverPK.
serverPK Shared Hosting: it is strictly forbidden, without prior written authorization, to allow a third party or the user of another web hosting service to use or access your account's resources. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting or any other service targeted to external web sites. 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. serverPK shared and reseller servers run Cloud Linux you are allow 20 concurrent connections at any time, if you exceed this your account will be affected not the server.
It is your/ or your client's or clients "clients" etc.. responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit "is" performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
serverPK, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis (Of your client's or "client's client's". Violation of this AUP could also subject Customer to criminal or civil liability. serverPK may block access at the router level to the Customer's Equipment involved. If serverPK believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer's Equipment or data, and the suspension or termination of Customer's services under this Agreement. serverPK may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. serverPK and our Data Center have no obligation to provide warnings under any circumstances and can terminate the account without prior notice if the Customer violates this policy.
All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered. serverPK is not responsible for notice failures caused by an error in Customer's email program, an inaccurate email address provided by Customer, Customer's failure to check email or Customer's failure to inform serverPK of a change in email address.
The captions used in this Agreement are for the convenience of the parties only and will not be interpreted to enlarge, contract, or alter this Agreement or any of its provisions.
As used in this Agreement, the use of the singular or plural form of any noun, pronoun or verb will be deemed to include the other whenever the context so indicates or requires.
Customer may not transfer or assign any rights, duties, or obligations under this Agreement without serverPK's prior written consent. serverPK may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
serverPK is not the agent, fiduciary, trustee or other representative of Customer. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.
If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only as stated herein.