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You may be charged more than the amount stated above if you fail to do so. Update totals Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy. NOTE: On September 11, 2024, we updated our Terms of Service to clarify the instructions to disable automatic renewal. Please read the updated terms below. User Agreement Your use of Arkahosting Services is subject to the terms and conditions set forth in these Arkahosting Terms of Service (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Arkahosting has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Arkahosting and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us. Summary and Quick Links Eligibility, Registration and Account Security This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with Arkahosting. Subscriber’s Responsibilities All Subscribers are required to comply with applicable law and have certain obligations with respect to their use of Arkahosting Services. For example, you are required to keep a backup of your data, promptly remove any malware from your account, and cooperate with Arkahosting and utilize hardware and software that is compatible with the Services. Payment Arkahosting offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan. Term and Automatic Renewal To ensure uninterrupted service, Arkahosting Services will automatically renew on your renewal date. This section explains this process in more detail. Termination and Non-Payment Arkahosting offers hosting plans for a fixed period of time that you select upon purchase (e.g., 1 year, 2 year, etc.). Even though we do not want you to, we know that one day you might want to leave Arkahosting. The instructions to cancel or disable automatic renewal can be found here. Refund Policy This section describes Arkahosting’s 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a full refund of all basic hosting fees paid. Resource Usage Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here. Governing Law and Arbitration This Agreement is an agreement between Arkahosting Inc. (“us,” “we,” “Arkahosting,” or the “Azgard DOOEL Shtip”) and you (“Subscriber” or “you” and “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Arkahosting and through the Arkahosting website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully. We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Arkahosting website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account. Policies. Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements. Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services. 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 intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Arkahosting, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account. You acknowledge and accept that despite the security measures Arkahosting takes in connection with the Services, Arkahosting’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Subscriber Websites related to gambling, adult content and other sensitive content is are not allowed (sexually explicit material, nudity, pornography, casino games, sports betting, online poker, animal and human trafficking). Under such circumstances, Arkahosting may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Arkahosting shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites. Dedicated Servers. Arkahosting reserves the right to reset the password on a dedicated server if the password on file is not current Payment. Fees Due. You will pay to Arkahosting all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein. Pricing. Arkahosting may change our prices from time to time. Arkahosting may increase the fees for the Services (i) as permitted in the applicable Service description published on the Arkahosting website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Arkahosting through the Subscriber billing tool or other methods of communications and notices sent or posted by Arkahosting. Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Arkahosting invoices for the fees as separate charges to be paid by you. Add-On Services. If you purchase certain add-on services from Arkahosting such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Arkahosting is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services. Disputes. You have ninety (30) days to dispute any charge or payment processed by Arkahosting. If you have a question concerning a charge you believe is incorrect, please contact us via email. If you initiate a chargeback, there may be a minimum charge of $25.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies. Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Arkahosting is not responsible for any change in exchange rates between the time of payment and the time of refund. Term and Automatic Renewal. Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, Arkahosting shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services without any prior notice. If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in subsection (d) below. If you wish to terminate the Services, please review Section 13. Disabling automatic renewal option for products and services. You may disable the automatic renewal option for your products and services at any time online in your account. In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew. Please contact Arkahosting by email if you require any assistance. Termination and Non-Payment.1. Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Arkahosting, including without limitation, any arbitration and legal fees and Arkahosting reasonable attorneys’ fees. If any check is returned for insufficient funds, Arkahosting may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services 1. Semi-dedicated servers: If you make a late payment we do not automatically reactivate the dedicated servers. Contact Arkahosting to discuss options to reactivate the dedicated server. 2. Termination Procedure. You may terminate the Services you purchased at any time during the Term by giving Arkahosting notice by email: info@arkahosting.com. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Arkahosting sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact Arkahosting to cancel your account. 3. Termination by Arkahosting. Arkahosting may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Arkahosting; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Arkahosting or others, cause Arkahosting or others to incur liability, or disrupt Arkahosting business operations (as determined by Arkahosting in its sole discretion); (iv) you are abusive toward Arkahosting staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Arkahosting will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. 4. Modification of Services. Arkahosting reserves the right to modify, change, or discontinue any aspect of the Services at any time. 1. Web Hosting Accounts. Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Websites, and other data. Arkahosting is not responsible for the loss of any Subscribe Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore. 2. VPS and Semi-dedicated Accounts. Upon termination of the VPS or Dedicated Hosting services for any reason, access to your cPanel account will be restricted for a period of approximately seven (7) days and you will not be able to log into your cPanel account. If the account has not been renewed after eight (8) days following expiration, the server will be suspended for approximately thirteen (13) days. Dedicated servers that have invoices outstanding for more than twenty-one (21) days may be subject to being reclaimed which will result in the loss of all data on the server. Arkahosting is not responsible for any loss of data resulting from such deletion. 3. Arkahosting reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account. 14. Refund Policy. 1. 30 Day Money-Back Guarantee 1. If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of shared, VPS and dedicated hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first thirty (30) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please via email on info@arkahosting.com. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section. Money-back Guarantee Refunds only apply to hosting plans and certain add-on products or services. The Money-back Guarantee does not apply to Arkahosting Cloud Hosting Plans, Services with a monthly term, domain registration fees, setup fees, or any fees for additional Services. It also does not apply to creative work related to logo design, web design and graphic design. 2.. Nonrefundable Fees. 1. Fees paid by Subscriber in connection with the purchase of product or add-on services, including without limitation, Arkahosting Cloud Hosting Plans, SSL certificates, Jet Backups, cPanel QuickStart, WordPress QuickStart, website transfer, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided. 15. Arkahosting as Reseller or Licensor. 1. Third Party Services. Arkahosting is a reseller or licensor of certain third party products and services (collectively, “Third Party Services”) including without limitation as sold through the Arkahosting Marketplace (the “Marketplace”). Your purchase and use of Third Party Services are generally subject to the applicable third party’s terms and conditions. Arkahosting is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer’s defects of Third Party Services either sold, licensed or provided by Arkahosting to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Arkahosting obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Arkahosting only in connection with your permitted use of the Services unless otherwise expressly provided. 17. Resource Usage. 1. Web Hosting 1. Acceptable Use Policy. Hosting space is intended for use in accordance with Arkahosting Acceptable Use of Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Arkahosting expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Arkahosting may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Arkahosting policies. You hereby agree that Arkahosting shall have no liability due to any action that Arkahosting may take, including without limitation suspension or termination of Services in connection with your violation of this section. 2. Plan Limits. Arkahosting may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that exceed the limit(s) of the Subscriber’s current plan. To avoid service interruption, Arkahosting may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limit(s) of your current plan. 3. Excessive Server Resources. Use of Arkahosting resources must be consistent with a web hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, Arkahosting may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Arkahosting reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services. 4. Unlimited File Transfer. Arkahosting does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive in any given month, nor does Arkahosting charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Arkahosting reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers. 2. Virtual Private Servers (VPS) and Semi-dedicated Servers Usage. 1. Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased. 2. Backup. Each Subscriber is solely responsible for backing-up all Subscriber Content, including any Subscriber Websites. Arkahosting is not responsible for the loss of any Subscriber Content. 3. Virtual Private Servers (VPS), Dedicated Servers, and Web Reseller. 1. cPanel Accounts. 1. Arkahosting reserves the right to restrict the number of cPanel accounts and/or terminate any excessive cPanel accounts as determined in Arkahosting sole discretion. 2. Customers who exceed Arkahosting limit for cPanel accounts may be charged for additional cPanel accounts. 21. Technical Support Services. 1. Except as described otherwise stated below, Arkahosting will provide technical support via email info@arkahosting.com (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Arkahosting Technical Support Services, you grant Arkahosting permission to access your account, if necessary, to resolve your issue. You agree that Arkahosting and its agents and employees are not liable for any damage resulting from the provision of customer support. 2. Ineligibility for Technical Support Services. Arkahosting will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of Arkahosting control, or (ii) your failure or refusal to implement changes recommended by Arkahosting; or (c) you are abusive toward our staff in any manner. 3. VPS and Semi-dedicated Servers. Arkahosting will provide a default operating system installation on the semi-dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, Arkahosting ability to provide technical support to the Subscriber may be severely limited. 22. Disclaimer. You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Arkahosting exercises no control over, and accepts no responsibility for, the content of the information passing through Arkahosting host computers, network hubs and points of presence or the Internet. 23. Limited Warranty. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” Arkahosting AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “Arkahosting PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE ARKAHOSTING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE Arkahosting PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY Arkahosting OR Arkahosting REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Arkahosting DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Arkahosting DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Arkahosting IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. 24. Limitation of Liability. Arkahosting SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE Arkahosting PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Arkahosting IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Arkahosting LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Arkahosting FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Arkahosting LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 25. Indemnification. You agree to indemnify, defend and hold harmless the Arkahosting Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Arkahosting Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from Arkahosting own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement. 27. Miscellaneous. 1. Backups. For its own operational efficiencies and purposes, Arkahosting from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON Arkahosting SERVERS, AND under no circumstance will Arkahosting be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any Arkahosting server. Arkahosting reserves the right to charge a restoration fee if you request copies of the backups. Arkahosting will not attempt to back up accounts that exceed 50,000 files or 20 Gigs of space for any reason and does not maintain any backups of dedicated accounts. 2. Independent Contractor. Arkahosting and Subscriber are independent contractors and nothing contained in this Agreement places Arkahosting and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever. 4. Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. 5. Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect. 6. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof. 7. Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Arkahosting. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Arkahosting may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. 8. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder. 9. Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products nor services against you as if it were a party to this Agreement. 30. Arkahosting Cloud Hosting Service Availability. The Arkahosting Cloud Hosting Services network, server and OS will be available 100% (“Service Availability”) of the time in a given month. If we fail to maintain this Service Availability for thirty (30) consecutive minutes at any given time in a particular month you may contact us within thirty (30) days following the end of the downtime and request a credit of 5% of your monthly Arkahosting Cloud Hosting fee for that month. Once we confirm such downtime (as solely determined by us), the credit will be applied to your account. The maximum total credit for a given month shall not exceed 100% of your Arkahosting Cloud Hosting Services fee for any given billing period and any credits that would be available but for this limitation shall not be carried forward to future billing periods. The Service Availability does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as account manager, FTP and email; (4) your breach of the Agreement; (5) causes beyond our control or that are not reasonably foreseeable; and (6) outages related to the reliability of certain programming environments. The Service Availability credit is your sole and exclusive remedy for Arkahosting Cloud Hosting Services unavailability. This file was last modified: May 3, 2024 I have read and agree to the website terms and conditions * Place order