Arktik Hosting ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").

Arktik Hosting reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether Arktik Hosting has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information

You agree to provide Arktik Hosting with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Arktik Hosting in order to receive or to continue receiving services. Further, you agree to provide Arktik Hosting with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees

Establishment of this service is dependent upon receipt by Arktik Hosting of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover) via PayPal, check, or money order. Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Arktik Hosting in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with The Company. If a check is returned for any reason, the account will be assessed a $30 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 4 P.M. EST the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect fees.

Service will be interrupted on accounts that reach 7 days past due. Accounts with additional arrears for other services offered by Arktik Creative such as design services or use of Arktik Blast email campaign services must be completely paid up to date as well to avoid service suspension. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectible by Arktik Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a Processing and Collection Fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

Arktik Hosting clients with past due balances for other services offered by Arktik Creative such as design services or use of Arktik Blast email campaign manager will have their hosting suspended if their delinquency reaches 60 or more days.

If service is deactivated due to non-payment the service in question will only be reactivated once payment for all outstanding balances due Arktik Creative has been received in full. Arktik Hosting reserves the right to keep a service deactivated until funds paid have cleared.

Account Cancellation

Client must request cancellation by email only at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through any other means. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

Bandwidth

Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. Arktik Hosting will monitor Client's bandwidth usage and will provide RTG graphs of bandwidth usage for Client to review in the Arktik Hosting client portal. Arktik Hosting shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in Arktik Hosting's sole and absolute discretion. Arktik Hosting believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable.

Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.

In the event that a customer exceeds the included allocation, Arktik Hosting may, at its sole discretion, collect a deposit in the amount of $0.75 per GB for the projected overage for the month, immediately against customer's credit card on file with Arktik Hosting.

Client agrees to pay Arktik Hosting any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.75 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.

Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.

IP Allocations

All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.

SPAM and Unsolicited Commercial Email (UCE)

Arktik Hosting 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 Arktik Hosting may not use or permit others to use our network to transact in UCE. Clients of Arktik Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

• a. Violation of Arktik Hosting's email policy, as outlined in the Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, Arktik Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Arktik Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, Arktik Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Arktik Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Arktik Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

• b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Arktik Hosting personnel must spend to investigate the matter.

• c. As our Clients are ultimately responsible for the actions of their clients over the Arktik Hosting network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Refund and Disputes

All payments to Arktik Hosting are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in Arktik Hosting's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Arktik Hosting an "Administrative Fee" of not less than $75 and not more than $200.

Courtesy Transfer Service

Arktik Hosting performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves Arktik Hosting copying files of yours from a third party service to your Arktik Hosting service, hereafter known as a "transfer" as a courtesy service only. By requesting Arktik Hosting to perform a transfer you agree indemnify and hold harmless Arktik Hosting from any and all liability arising from the transfer and/or copying of your accounts. You also agree Arktik Hosting is not responsible for any issues relating to the transfer of your accounts, both on your Arktik Hosting service and at any other third party service from which Arktik Hosting may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent Arktik Hosting from performing the service, or any other issues. Arktik Hosting makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers. Courtesy transfers will only take place once a web hosting plan has been decided upon and pre-paid and an annual payment has been received.

Nightly Backups

Arktik Hosting performs nightly backups of all accounts as a courtesy service only. Arktik Hosting is not responsible for the completeness, integrity, or freshness of your account backup. Arktik Hosting recommends you have your own backup system in place. Account backups are intended for disaster recovery purposes only. Arktik Hosting reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.

Damages

Client 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, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.

Arktik Hosting is not responsible for any damages your business may suffer. Arktik Hosting does not make implied or written warranties for any of our services. Arktik Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Arktik Hosting.

Non-Waiver

Client agrees that Arktik Hosting's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Arktik Hosting of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Arktik Hosting from exercising thereafter the same or other rights, remedies, or options.

Force Majeure

You agree that Arktik Hosting is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

Assignment

Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Misc.

We reserve the right to refuse service to anyone at any time for any reason.

Arktik Hosting is not responsible for data integrity on equipment reclaimed for non-payment.

Anything not explicitly stated in this TOS is subject to interpretation at Arktik Hosting's sole and absolute discretion.

You, as Arktik Hosting's client, are solely responsible for the content stored on and served by your Arktik Hosting service.

Contact

Please direct all questions regarding this AUP to This e-mail address is being protected from spambots. You need JavaScript enabled to view it