Terms of Service
Effective: February 9, 2013
Thakimhost.com provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Thakimhost.com are subject to the following terms of service:
Account Setup / Email Address
We will setup your account after we have received payment and we and/or our payment partners have screened the orders in case of fraud. It is your responsibility to provide us with an email address which is not (at) the domains you are signing up under. 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 or up to date at all times. If you have a domain name registered with Thakimhost.com, it is your responsibility to ensure that the contact information for your domain account and your actual domain names is correct and up-to-date. Thakimhost.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.
At this time we bill monthly or yearly, depending upon the plan. We do not issue a refund for any reason.
Clients are encouraged to pay by PayPal as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
VPS, Dedicated Servers & SSL Certificates: In accordance with the Office of Fair Trade, notice is hereby given that once Thakimhost delivers the ordered Service, you are to honour bound to this contract and your cancellation rights are considered at an end (See section 3.25 of the OFT Guide on Distance Selling).
All accounts are billed according to the dates on which they were first activated. Accounts are suspended 3 days after the invoice due date, unless a proper payment is received. Late fees are added 3 days after the final invoice due date. Shared hosting accounts are terminated 15 days after the final invoice due date. VPS servers are terminated 5 days after the final invoice due date. First invoice reminders are sent 14 days, 7 days and 1 day prior to the due date. Three overdue reminders are sent following the due date.
NOTE: Thakimhost will not be held responsible if account is Terminated due to Overdue.
Acceptable Use Policy
All services provided by Thakimhost.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Thakimhost.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Thakimhost.com servers. This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms of Service, please ask us before signing up for an account so that we may determine if we can host your site. Thakimhost.com reserves the right to determine what is and what isn't acceptable for our servers.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violations are not refunded under any circumstances.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
•Image Hosting Scripts (similar to Photobucket or Tinypic)
•Mail Bombers/Spam Scripts
•Banner-Ad services (commercial banner ad rotation)
•File Dump/Mirror Scripts (similar to rapidshare)
•Commercial Audio Streaming (more than one or two streams)
•High-Yield Interest Programs (HYIP) or Related Sites
•Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
•Sale of any controlled substance without prior proof of appropriate permit(s)
•Prime Banks Programs
•Hateful/Racist/Harassment oriented sites
•Sites promoting illegal activities
•Forums and/or websites that distribute or link to warez/pirated/illegal content
•Bank Debentures/Bank Debenture Trading Programs
•Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
•Mailer Pro/ Mailer Sites
It is your 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.
Commercial Advertising - Email
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $5.00 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
User may not:
•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.
•Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
•Run any software that interfaces with an IRC (Internet Relay Chat) network.
•Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
•Participate in any file-sharing/peer-to-peer activities.
•Run cron entries with intervals of less than 10 minutes.
Background Running Programs
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed, extra charges will be assessed based on resources on system maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
LIMITATION OF LIABILITY
Thakimhost.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Thakimhost.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, Thakimhost.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Thakimhost.com servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to admin@Thakimhost.com. All complaints will be investigated promptly.
Thakimhost.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Thakimhost.com are resold. Thus, certain equipment, routing, software, and programming used by Thakimhost.com are not directly owned or written by Thakimhost.com. Moreover, Thakimhost.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Thakimhost.com sees fit.
Changes to Terms of Service: Thakimhost.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
The above terms apply to all services provided by Thakimhost. Additonal Terms that are service spesific are linked below.
Questions? Contact us via E-mail: info@Thakimhost.com