Ark Web Design agrees to furnish
services to you, subject to the following TOS (Terms of Service).
Use of Ark Web Design Service constitutes acceptance and agreement to Ark Web Design' AUP as well as Ark Web Design' TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Ark Web Design and AUP (Acceptable Use Policy). The AUP may be changed from time to time at our discretion.
Disclosure to Law Enforcement: Our AUP specifically prohibits the use of our service for illegal activities. You agree that Ark Web Design may disclose your subscriber information to a law enforcement agency who makes a written request without further consent or notification to you. You also agree that Ark Web Design shall have the right to terminate web-hosting services if your site is found to be conducting illegal activities.
Payment: The establishment of this service is dependent upon receipt by Ark Web Design of payment of stated charges. Subsequent payments are due 2 weeks before the anniversary date depending on the plan chosen. This 2-week window allows us to get everything renewed (such as your domain name) with no interruption of service.
Payments and Fees: Service will be interrupted on accounts that reach 1 week past anniversary date. Service interrupted for nonpayment is subject to a reconnect charge at Ark Web Design discretion. Accounts not paid by the due date may be subject to a late fee, also at our discretion.
Non-Payment: Accounts that have not be paid for over 30 days will be terminated (deleted from our servers).
Refund and Disputes: Payments to Ark Web Design are refundable in the first 30 days after purchase. This includes the one-time setup fee (if applicable) and subsequent charges. PLEASE NOTE that canceled websites will be subject to a cancellation fee of $10.00 if the domain name has already been registered.
Failure to Pay: Ark Web Design may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If your account goes two months without being paid it will be deleted from our servers.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Ark Web Design and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that Ark Web Design shall not be liable for any damages arising from such causes. (Although we do not give uptime guarantees, we have had an overall uptime in excess of 99.9% over the past 12 months).
New Domain Accounts: All new accounts will have their domain name registered and entered into our DNS servers within 24 hours. Due to Internet propagation, however, this process may sometimes require up to 72 hours.
Existing Domain Accounts: If you wish to use an existing domain name, Ark Web Design will gladly help you change the Domain Name Servers (DNS) to point to our servers if you provide the correct information on the signup form. These changes will be attempted and entered into our DNS servers within 24 hours. You are ultimately responsible for this change. We make no guarantee. Due to Internet propagation, however, this process may sometimes require up to 72 hours. You will still retain ownership of your domain name and must continue to maintain the fees with your registrar.
Transfer of Domains: Ark Web Design will attempt to physically transfer your domain name from another provider to Ark Web Design upon request ONLY through our Help Desk ( https://awcustomers.com/ ). New web hosting accounts which involve the transfer of a domain from another provider to Ark Web Design may require up to 5 or more days to propagate through the Internet. Although domain names usually propagate in 24 hours, due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take since we have no control over that. Once the transfer is complete, Ark Web Design will maintain the fees for the domain name as long as the account is current.
SPAM and Unsolicited Commercial Email: Ark Web Design takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Ark Web Design may not use or permit others to use our servers to transact in UCE. Violations of this policy will result in termination of service without notice and without refund.
Indemnification: Ark Web Design wishes to emphasize that in agreeing to the Ark Web Design Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Ark Web Design for any violation of the AUP and TOS that results in loss to Ark Web Design or the lodging of any claim against Ark Web Design by any third-party. Put simply, this means that if Ark Web Design is sued because of illegal activity on your behalf, you will pay any damages awarded against Ark Web Design, plus all costs and attorney's fees.
Contact Information: You must provide us with, and keep current, a valid E-Mail address where we can reach you. We cannot be held responsible for suspending or closing your account due to non-payment if we are unable to contact you.
- You shall not transfer or assign this Agreement without the prior written consent of Ark Web Design.
- Ark Web Design is not responsible for any damages your business may suffer. Ark Web Design does not make implied or written warranties for any of our services. This includes loss of data resulting from delays, loss of revenue, and any and all service interruptions.
It is absolutely forbidden to host pornographic content. Accounts found hosting this material will be subject to immediate cancellation without notice and without refund.
Ark Web Design does not back up your
You MUST maintain a separate current copy of all data stored on Ark Web Design servers on your own computer.
No Backups of any kind are made of customer's sites. Backups are made for server restoration purposes only. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. The client is responsible for keeping a complete and current copy of their web site files as backup on a remote system (not on Ark Web Design Hosting servers). Ark Web Design Web Hosting is not responsible for any lost files, information, or data. Ark Web Design Web Hosting does not guarantee to possess the most current copy of a client's website. If loss of data occurs due to an error of Ark Web Design Web Hosting, Ark Web Design Web Hosting will attempt to recover the data at no charge to the client, but no guarantees are made..
Email accounts: E-mail
is provided for your use and enjoyment. However, any E-mail account that
uses an excessive amount of storage and/or causes problems with the mail
server may be deleted without notice. You should set quota limits on
email accounts of less than 25MB. Any E-Mail Account found to contain a
virus will be deleted without notice. We are not an e-mail provider,
this is just a free service. If e-mail is very important to you then you
need to find an e-mail service provider.
We do not guarantee any email left on the server. The webmail options are only designed to access your email when you are away from your main computer. If you want to ensure that your email is safe, you should use an email client such as Outlook or Outlook Express to pull your email down to your computer.
Ownership of domain names: Domain names are registered privately in an Ark Web Design maintained account. Provided your account is in good standing, you own the domain and it is yours to keep. Should you leave, the domain name is yours and we will transfer control of it to your own personal account with Christian-Domains.com. There is no charge for this service. From there, you can maintain it or transfer it to wherever you want. NOTE: This does not apply to accounts that are in arrears or if you have violated our terms of service as outlined above. In such cases, you may purchase your domain name for $15.00 after settling your account.
Responsibility for Content: You, as Ark Web Design' customer, are solely responsible for the content stored on and served by your website.
Free Website Builders: If you choose to use one of our free website builders you could lose the ability to edit your website if we have to change the online website editor software for any reason. You may have to rebuild it if this occurs.
Also, be sure to read our Acceptable Use Policy (AUP). Any use of your web space implies acceptance of this policy.
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