Terms and Conditions
Last Updated: 27 July 2010
Purpose of Terms
These terms have been put in place to help protect Chyka Host and our customers against any legal problems, and to help give our customers the best possible service.
By using our services, you agree to the terms of service stated by Chyka Host. Chyka Host reserves the right to revise terms at any time. It is the users responsibility to make sure they have read and understood the current Terms of Service. This may be found at www.ChykaHost.com/terms.
User understands that change to the terms by the Chyka Host shall not be grounds for early contract termination or non-payment.
All fees paid to Chyka Host are non-refundable.
Disclaimer
Chyka Host shall not be responsible for any damages your business may suffer. Chyka Host makes no warranties of any kind, expressed or implied for services we provide. Chyka Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Chyka Host and its employees.
Acceptable Use/Content
Users may not use their account for anything illegal.
Certain things are disallowed on Chyka Host’s service. Examples include:
- Adult content of any kind, including nude photography as “art”.
- Child pornography
- No warez / hacking / phishing sites.
- Sites that blaspheme the name of the Lord Jesus Christ.
- Impersonate any person or entity.
- Forgery.
- Phishing sites.
- Harassment.
- Fraudulent activity.
- Any activity banned by
- Spamming sites.
- Sites making available copyrighted material that you do not own.
- Upload any illegal content whatsoever.
- Use account as primarily a backup service.
- Harm minors in any way.
- Torrent sites
- IRC Scripts/Bots
- Anything illegal
User is entirely responsible for content uploaded to hosting account.
Accounts may not be used to resell hosting, unless they are reseller accounts.
Accounts in violation of these terms will be removed with or without notice and all necessary action will be taken.
Resource Usage
User may not:
a) 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.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, or spam. Any user who sends out spam will have their account terminated with or without notice.
Backups and Data Loss
Your use of the service is at your sole risk. Chyka Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Chyka Host servers.
Failure to Pay
Chyka Host may suspend or terminate entirely accounts that fail to pay any service fees incurred at the proper time.
Account Cancellation
If the user wishes to cancel their account, please send us an email stating the wish to cancel the hosting account.
Bandwidth and Disk Usage
User agrees that bandwidth and disk usage shall not exceed the number of megabytes per month allotted to the user. Chyka Host will monitor user’s bandwidth and disk usage. Chyka Host shall have the right to take corrective action if user’s bandwidth or disk usage exceeds the agreed usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of user’s account, which actions may be taken is in Chyka Host sole and absolute discretion. If Chyka Host takes any corrective action under this section, user shall not be entitled to a refund of any fees paid in advance prior to such action.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Chyka Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Chyka Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Chyka Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Chyka Host; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Chyka Host’s server.
Disclosure to law enforcement
Chyka Host may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
Other
User agrees to indemnify and hold harmless Chyka Host from any claims resulting from the use of our services.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
If you are in doubt regarding the acceptability of your site or service, please contact us using our contact form and we will be happy to assist you.
As a client of Chyka Host, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
Chyka Host reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and/or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Last Updated: 27 July 2010
