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Note: On November 11, 2024, we updated our Terms of Service to clarify the steps for disabling automatic renewal. Please review the updated terms below.

User Agreement

By using Arkahosting Services, you agree to the terms and conditions outlined in these Arkahosting Terms of Service. This Agreement covers: acceptable use of our Services; your rights as a user; Arkahosting’s rights if you violate the rules; and other important details. This is a legally binding contract between you and Arkahosting, so please read it carefully. If you have any questions, don’t hesitate to contact us at info@arkahosting.com.

Summary & Quick Links

• Eligibility, Registration, and Account Security
  This section explains the criteria for all users to be eligible to use our Services. When registering, we must confirm that you can legally contract with Arkahosting.
• Subscriber Responsibilities
  Subscribers must comply with applicable laws and fulfill specific duties, such as backing up data, removing malware from their accounts, and ensuring compatibility with Arkahosting’s Services.
• Payment
  Arkahosting provides a wide range of Services at competitive prices. The fees you pay depend on the plan you select and any additional products you purchase. Payments are due in advance for the full term of your plan.
• Term and Automatic Renewal
  To maintain continuous service, your Arkahosting Services will automatically renew on the renewal date. This section explains the renewal process in detail.
• Termination and Non-Payment
  Arkahosting offers hosting plans for fixed durations (e.g., 1 year, 2 years). If you ever decide to leave, you can find instructions to cancel or disable automatic renewal here.
• Refund Policy
  Arkahosting offers a 30-Day Money-Back Guarantee. If you cancel within the first 30 days of your term, you can receive a full refund for all basic hosting fees paid.
• Resource Usage
  Customers must use server resources efficiently and responsibly. Excessive use of CPU and memory resources can impact service performance for other users. More details on our policies regarding CPU, Bandwidth, and Disk Usage are available here.
• Governing Law and Arbitration
  This Agreement is between Arkahosting Inc. (“we,” “us,” “Arkahosting,” or “Azgard DOOEL Shtip”) and you (“Subscriber” or “you”). It outlines the terms for using Arkahosting’s products and services. By using the Services, you agree to these terms. Please read them carefully.

We reserve the right to modify this Agreement at any time. Significant changes will be posted on the Arkahosting website for at least 30 days, along with the date of the last revision. Any changes will be effective from the date specified in the notice. If no date is mentioned, continued use of the Services means you accept the updated Agreement. If you disagree with any changes, your only option is to cancel your account.

Policies

Your use of the Services is also subject to the following policies, which are incorporated by reference. By using the Services, you agree to the terms of these additional policies. In some cases, additional terms may apply, and they will be provided and incorporated into the Agreement as applicable:

• Privacy Notice
• Acceptable Use Policy
• Domain Name Dispute Policy
• Copyright Claims Policy
• Data Request Policy
• Anti-Spam Policy
• Domain Registration Agreement

Eligibility, Registration, and Account Security

The Services are only available to individuals who are at least eighteen (18) years old. If someone under the age of eighteen (18) registers for, uses, or accesses the Services, it will be considered unauthorized and a breach of this Agreement. By registering or using the Services, you confirm that you are 18 years of age or older.

If you are using the Services on behalf of another person, company, or organization, you confirm that you have the authority to bind that entity to this Agreement and to act on its behalf regarding any actions related to the Services.

You agree to:
(i) Provide accurate, up-to-date, and complete information about yourself and your organization (if applicable) during registration;
(ii) Keep your password and other account security information confidential;
(iii) Keep your Registration Data and other information you provide to Arkahosting updated and accurate; and
(iv) Be fully responsible for all activities that occur under your account.

You acknowledge that despite Arkahosting’s security measures, there is still a risk that its system or Subscriber Websites (as defined below) may be compromised by hackers, viruses, worms, or other malicious software. Websites related to gambling, adult content, or other sensitive subjects (such as pornography, casino games, sports betting, online poker, and trafficking) are prohibited. In the event of a breach or compromise, Arkahosting may take corrective action at its discretion, and you agree that Arkahosting will not be liable for any resulting damage or loss. You also acknowledge that it is your sole responsibility to back up all Subscriber Content and Websites.

Dedicated Servers

Arkahosting reserves the right to reset the password on a dedicated server if the password on record is outdated.

Payment

Fees Due: You are required to pay Arkahosting for the Services as specified in the registration form at the time you place your order. All fees are non-refundable unless otherwise stated in this Agreement.

Pricing: Arkahosting reserves the right to adjust pricing at any time. Fee increases may occur (i) as outlined in the Service description on the Arkahosting website or in any promotional offers, and (ii) after the initial term has ended, with at least thirty (30) days’ written notice. Notices may be provided through (i) the billing tool on the Arkahosting platform, (ii) updates within the Services, or (iii) email notifications about renewal pricing. It is your responsibility to regularly check billing information sent by Arkahosting through these communication methods.

Taxes: The fees you are charged do not include any sales, use, revenue, excise, or other taxes imposed by a taxing authority. These taxes may be added to your Arkahosting invoices as separate charges, which you are responsible for paying.

Add-On Services: If you purchase additional services like Domain Privacy, SSL certificates, or security services, you may need to assign these services to a specific domain name to begin using them. Arkahosting will not be liable if you fail to apply an add-on to your domain, and no refunds will be given for services purchased but not used.

Disputes: You have thirty (30) days to dispute any charges or payments made to Arkahosting. If you believe a charge is incorrect, please contact us by email. If you initiate a chargeback, there may be a minimum $25.00 fee (plus taxes) to reactivate your account, and your account may be suspended during the dispute process. Accounts with unresolved disputes may be temporarily disabled for security reasons.

Fraud: Misuse or fraudulent use of credit cards, charge cards, electronic transfers, or e-checks is a violation of this Agreement. If we determine, at our discretion, that fraudulent activity has occurred, we may report it to government agencies, law enforcement, financial institutions, and credit card companies.

Foreign Currencies: Exchange rate fluctuations are inevitable for international payments. Refunds will be processed in U.S. dollars, and the exchange rate on the day the refund is issued will apply. Arkahosting is not responsible for any changes in exchange rates between the time of the original payment and the refund.

Term and Automatic Renewal

Initial Term: The initial period for which you purchase the Services will be as specified in the registration form you complete when ordering the Services.

Automatic Renewal: Unless you cancel the Services or disable the automatic renewal option as outlined in section (d) below, your Services will automatically renew for successive periods equal in length to the Initial Term  after the Initial Term ends. The Initial Term and any Renewal Terms are collectively referred to as the “Term.” For Services with a Term of three (3) months or longer, Arkahosting will notify you of the upcoming charge at least thirty (30) days before the payment is due for each Renewal Term. For Services with a Term of three (3) months or longer, the payment will be due fifteen (15) days before the current Term ends. For monthly accounts, payment will be processed twenty-four (24) hours before the end of the current Term, with no prior notice.

If you do not wish for the Services to automatically renew, you must disable the automatic renewal option at least sixteen (16) calendar days before the current Term ends. If you do not take action, your payment method will be charged as described above. For instructions on how to disable automatic renewal, see subsection (d) below. If you wish to terminate the Services entirely, please refer to Section 13.

Disabling Automatic Renewal: You can disable the automatic renewal for your products and services at any time through your account online. If your account expires, all User Content will be permanently deleted from the server, so it’s important to back up your data before disabling auto-renewal. As long as your account remains active, other products or services, such as domain names or Domain Privacy, will continue to auto-renew. If you need assistance, please contact Arkahosting via email.

Termination and Non-Payment

Failure to Pay:
If you fail to pay the fees owed for the Services, Arkahosting reserves the right to suspend or terminate your access to the Services. We may also seek reimbursement for any collection costs, including legal fees, arbitration fees, and attorney’s fees. If a payment is returned due to insufficient funds, a processing fee of $25.00, plus applicable taxes, may be charged. Your account will not be reactivated until all outstanding fees are fully paid. Arkahosting is not liable for any data loss or deletion resulting from suspension or termination.

Semi-Dedicated Servers:
In the case of a missed payment for semi-dedicated servers, Arkahosting will not automatically reactivate the service. You must contact Arkahosting directly to discuss reactivation options.

Termination by You:
You may terminate the Services at any time during the Term by emailing Arkahosting at info@arkahosting.com. Your cancellation request will be subject to verification of account and/or domain ownership, as determined by Arkahosting. If you cancel, you are still responsible for paying all fees incurred up until the cancellation is processed, subject to the terms of the 30-day money-back guarantee, if applicable. After cancellation, all Subscriber Content will be permanently deleted. Please ensure that you back up your data before contacting Arkahosting to cancel your account.

Termination by Arkahosting:
Arkahosting may terminate your access to the Services, in whole or in part, and delete or confiscate all content, files, and domain registrations, without notice, if:

• (i) You fail to pay any due fees;
• (ii) You violate the terms of this Agreement;
• (iii) Your actions could harm Arkahosting or others, cause liabilities, or disrupt business operations, as determined by Arkahosting;
• (iv) You display abusive behavior toward Arkahosting staff; or
• (v) For any other lawful reason, including legal compliance or as stated in this Agreement.
  In such cases, no refunds will be issued for fees paid in advance, and you will remain responsible for any fees accrued up until termination.

Modification of Services:
Arkahosting reserves the right to change, modify, or discontinue any aspect of the Services at any time.

Web Hosting Accounts:
Upon termination of the Services for any reason, all Subscriber Content, websites, and data will be permanently deleted. It is your responsibility to maintain backup copies of all your content and data. Arkahosting is not liable for any loss of Subscriber Content. Subscribers are strongly advised to back up files offline, even if they have purchased Site Backup and Restore services.

VPS and Semi-Dedicated Hosting Accounts:
When VPS or Dedicated Hosting services are terminated for any reason, your cPanel account access will be restricted for up to seven (7) days, and you will not be able to log in. If the account is not renewed within eight (8) days after expiration, the server will be suspended for approximately thirteen (13) days. Dedicated servers with unpaid invoices older than twenty-one (21) days may be reclaimed, leading to a loss of all data. Arkahosting is not responsible for any data loss due to such actions.

Accounts in Suspended or Deactivated State:
Arkahosting reserves the right to terminate any account that has been suspended or deactivated for thirty (30) consecutive days, resulting in the permanent loss of all data stored on the account.

Refund Policy

 30-Day Money-Back Guarantee

If you purchase a hosting plan that includes a 30-day money-back guarantee, you are eligible to receive a full refund for shared, VPS, and dedicated hosting fees if you cancel within the first 30 days of your initial term. To request a refund under the money-back guarantee, please email us at info@arkahosting.com. Refunds are only applicable if you meet all the requirements outlined in this section. This guarantee applies to hosting plans and certain add-on services, but does not include Arkahosting Cloud Hosting Plans, services billed on a monthly basis, domain registration fees, setup charges, or fees for additional services. Additionally, it does not cover creative services such as logo design, web design, or graphic design.

Non-Refundable Fees

Certain fees are non-refundable, including those paid for Arkahosting Cloud Hosting Plans, SSL certificates, Jet Backups, cPanel QuickStart, WordPress QuickStart, website transfers, domain privacy, and domain registration. Payments made by check for amounts of $10.00 or less are also non-refundable due to processing costs, unless specifically stated otherwise.

Arkahosting as a Reseller or Licensor

Third-Party Services
Arkahosting acts as a reseller or licensor for certain third-party products and services, including those available through the Arkahosting Marketplace. When you purchase and use Third Party Services, your usage will generally be subject to the terms and conditions set by the third-party provider. Arkahosting is not liable for any changes to these Services that might render them obsolete, require modifications, or affect their functionality. If there are any issues, defects, or malfunctions with Third Party Services, whether sold, licensed, or provided by Arkahosting or purchased directly by you, these will not be considered a breach of Arkahosting’s obligations under this Agreement. Any rights or remedies you may have regarding these Third Party Services are limited to those offered by the third-party provider. You are only permitted to use the Third Party Services in conjunction with your authorized use of Arkahosting’s Services unless explicitly stated otherwise.

Resource Usage

1.Web Hosting

 Acceptable Use Policy
Hosting space is meant for hosting web files, active emails, and content related to the Subscriber’s website. It is not intended for data storage (e.g., media files, emails, or other types of data). Arkahosting reserves the right to monitor and review user accounts for excessive use of server resources, such as CPU, bandwidth, disk space, and other system resources. If Arkahosting finds that a Subscriber is violating the terms of this Agreement or the Acceptable Use Policy, we may take action, including suspending or terminating access to Services, applying additional fees, or removing Subscriber Content. You agree that Arkahosting will not be held liable for any actions we take in response to a violation of this section.

Plan Limits
Arkahosting may take action, including suspending access, charging additional fees, or deleting Subscriber Content, if your account exceeds the limits of your current hosting plan. To prevent service disruptions, Arkahosting may automatically upgrade your plan to a higher tier at an additional cost if you exceed the current plan’s limits.

Excessive Server Resources
The use of Arkahosting resources should align with typical web hosting activities and comply with this Agreement. Accounts that have an excessive number of files (more than 200,000 inodes) or database tables (over 5,000 tables or more than 10GB in total database size, or 5GB in a single database) can negatively affect server performance. If a Subscriber exceeds these thresholds, Arkahosting may ask them to reduce the number of files, database tables, or overall database usage to restore proper performance. Arkahosting reserves the right to suspend or terminate any account that uses excessive resources, with or without notice, if it impacts server performance or other services.

Unlimited File Transfer
Arkahosting does not impose artificial limits on the amount of traffic that Subscriber Websites can receive each month, nor do we charge additional fees based on bandwidth usage, as long as the usage complies with this Agreement. Generally, Subscriber Websites will be able to handle as much traffic as they can legitimately attract. However, Arkahosting reserves the right to limit server resources such as processor time, bandwidth, processes, or memory if necessary to prevent disruptions to other Subscribers’ services.

2. Virtual Private Servers (VPS) and Semi-Dedicated Servers Usage

Resource Allocation: The usage of Dedicated and VPS services is restricted to the resources assigned to the specific plan you have selected.

Backup Responsibility: It is the Subscriber’s sole responsibility to maintain backups of all their content, including any websites. Arkahosting is not liable for any loss of Subscriber Content.

3. Virtual Private Servers (VPS), Dedicated Servers, and Web Reseller

 cPanel Accounts

1. 1. Arkahosting reserves the right to limit the number of cPanel accounts or to terminate any accounts that exceed acceptable limits, as determined at its sole discretion.
   2. Customers who surpass Arkahosting’s cPanel account limit may incur additional charges for each extra cPanel account.

Technical Support Services

Support Availability: Arkahosting offers technical support via email at info@arkahosting.com. When requesting support, you are required to provide as much relevant information as possible to assist in troubleshooting any issues. By using our Technical Support Services, you authorize Arkahosting to access your account, if necessary, to resolve the issue. You acknowledge that Arkahosting, its agents, and employees will not be held liable for any damages arising from the provision of customer support.

Exclusions from Support: Arkahosting will not provide Technical Support Services under the following circumstances: (a) if you are in violation of this Agreement; (b) if the issue arises from (i) modifications made by you or a third party to the Services outside of Arkahosting’s control, or (ii) your failure to implement changes recommended by Arkahosting; or (c) if you are abusive towards Arkahosting staff.

VPS and Semi-dedicated Servers: For semi-dedicated servers, Arkahosting provides a default operating system installation that allows super-user server access for our support staff. You acknowledge that if you alter or remove this access, Arkahosting’s ability to provide technical support may be significantly limited.

Disclaimer

You acknowledge and accept that your use of the Services, as well as any information or content accessed through them, is done at your own risk. Additionally, you agree that Arkahosting has no control over, nor assumes any responsibility for, the content transmitted through its hosting servers, network hubs, or internet connections.

Limited Warranty

ARKAHOSTING AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS  DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ARKAHOSTING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FULLY SECURE; (II) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES; OR (III) REGARDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE ARKAHOSTING PARTIES ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, THE CONTENT OF ANY DATA TRANSFERRED TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION PROVIDED BY ARKAHOSTING OR ITS REPRESENTATIVES, INCLUDING SUPPORT STAFF, WILL CREATE A WARRANTY. ARKAHOSTING DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ANY PARTICULAR TIME OR LOCATION. ARKAHOSTING DOES NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH ANY THIRD-PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS TO BE COMPATIBLE WITH ARKAHOSTING SERVICES. THE TERMS OF THIS SECTION WILL REMAIN IN EFFECT EVEN AFTER THE TERMINATION OF THIS AGREEMENT.

 Limitation of Liability

ARKAHOSTING SHALL NOT BE RESPONSIBLE FOR ANY NONPERFORMANCE OR DELAY IN PERFORMANCE DUE TO REASONS BEYOND ITS CONTROL. UNDER NO CIRCUMSTANCES SHALL THE ARKAHOSTING PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITES, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ARKAHOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, ARKAHOSTING’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY REASON AND REGARDLESS OF THE TYPE OF ACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ARKAHOSTING FOR THE SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL CLAIM GIVING RISE TO SUCH LIABILITY. THIS LIMIT IS CUMULATIVE, AND HAVING MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. NO CLAIM ARISING FROM THIS AGREEMENT OR THE SERVICES SHALL BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT THAT CAUSED THE ACTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY FOR NEGLIGENCE CAUSING DEATH OR PERSONAL INJURY; IN SUCH CASES, ARKAHOSTING’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Arkahosting Parties from any and all claims, damages, losses, liabilities, lawsuits, actions, demands, or legal proceedings (whether judicial or administrative), and any associated expenses, including but not limited to reasonable attorney’s fees, that are brought by a third party against any of the Arkahosting Parties. This indemnification applies to claims arising from (i) your use of the Services, (ii) your breach or violation of this Agreement, or (iii) any actions or omissions on your part, except where such claims are directly caused by Arkahosting’s own gross negligence or willful misconduct. The provisions of this section will remain in effect even after the termination of this Agreement.

Miscellaneous

1. Backups
   Arkahosting occasionally backs up data on its servers for operational purposes, but there is no obligation to do so under this Agreement. It is the Subscriber’s sole responsibility to regularly back up their files and data stored on Arkahosting servers. Arkahosting will not be held liable for any loss of files or data under any legal theory. If the Subscriber requests a restoration, Arkahosting may charge a restoration fee. Arkahosting will not back up accounts that exceed 50,000 files or 20 GB of space, and does not maintain backups for dedicated server accounts.
2. Independent Contractor
   Arkahosting and the Subscriber are independent contractors. Nothing in this Agreement creates a principal-agent, partnership, or joint venture relationship between them. Neither party has authority to make contracts or bind the other party in any way.
3. Entire Agreement
   This Agreement, along with any incorporated documents, replaces all prior discussions, negotiations, and agreements between the parties regarding the subject matter, and represents the complete and exclusive understanding between the parties on these matters.
4. Severability
   If any part of this Agreement is found to be illegal, invalid, or unenforceable by a competent court, the rest of the provisions will remain in effect unless specified otherwise. The parties intend for the remaining provisions to remain valid and enforceable.
5. Waiver
   A party’s failure or delay in exercising any right or remedy under this Agreement does not waive that right. Similarly, exercising a right or remedy partially or once does not prevent further exercise of that or any other right. A waiver of any breach or default does not waive subsequent breaches or defaults.
6. Assignment; Successors
   The Subscriber may not assign or transfer this Agreement or any of its rights or obligations without Arkahosting’s prior written consent. Any unauthorized assignment is void. Arkahosting may assign its rights and obligations or use subcontractors without the Subscriber’s consent. This Agreement binds and benefits the parties and their respective successors and permitted assigns.
7. Force Majeure
   Neither party is liable for delays or failure to perform due to circumstances beyond its control, such as fires, floods, labor disputes, accidents, acts of war or terrorism, interruptions in communication or transportation, supply shortages, or third-party failures to deliver necessary equipment or materials. This does not apply to delays in payment obligations.
8. Third-Party Beneficiaries
   Except as explicitly stated, this Agreement does not create rights for any person or entity other than the parties involved. However, suppliers of third-party products or services identified as third-party beneficiaries in the Service description are entitled to enforce the terms of the Agreement that relate to their products or services, as if they were parties to the Agreement.     

Arkahosting Cloud Hosting Service Availability

Arkahosting guarantees that its Cloud Hosting Services, including the network, servers, and operating systems, will be available 100% of the time within a given month. If we fail to meet this Service Availability for a continuous period of 30 minutes during a given month, you may request a credit of 5% of your monthly Arkahosting Cloud Hosting fee. To request this credit, you must contact us within 30 days of the downtime. Once we verify the downtime (as determined solely by Arkahosting), the credit will be applied to your account. The total credit for any given month will not exceed 100% of your Arkahosting Cloud Hosting fee for that month. Unused credits will not carry over to future billing periods.

However, Service Availability does not apply to interruptions caused by:

1. Scheduled maintenance or repairs carried out by us.
2. Issues caused by your custom scripts, coding, or third-party applications.
3. Outages that only affect access to your website (e.g., account manager, FTP, or email), but not the website’s actual appearance.
4. Your violation of the Agreement.
5. Circumstances beyond our control or that are unforeseeable.
6. Issues with the reliability of certain programming environments.

The Service Availability credit is the only remedy available for Cloud Hosting service downtime.

Last modified: November 11, 2024