Web Hosting Terms of Service by SJK Hosting Solutions

Terms of Service

SJK Hosting Solutions : Hosting Policies (TOS/AUP/SLA)

Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, pornographic content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by SJK ENTERPRISES, LLC to be unacceptable use of SJK ENTERPRISES, LLC services including abuse of server resources.

Additionally, IRC (or Related Software), PsyBNC, EggDrop, BitchX, or Any Related Application May Not Be Used or Stored (Compressed or Otherwise) on Any of SJK ENTERPPISES, LLC Servers.

Adult Content AND Gambling Sites are NOT Allowed.

All Content Must Be Legal In The United States.

SJK ENTERPRISES, LLC provides internet web hosting, domain registrations, and several other web related services.

This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Termination
Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit SJK ENTERPRISES, LLC's right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

Termination of any domain or account will not be processed without the required documentation. Any person wishing to terminate their account or any domain within their account must submit a Help Desk ticket to our Billing Department at support.sjkhosting.com, and state they wish to cancel their account. This Help Desk ticket must include their name, address, phone number, and login information for their control panel. Terminations will not be accepted without completing the termination step mentioned above. No exceptions will be made. The termination form is required for your protection as well as ours. The form provides evidence that the individual terminating the account is authorized to do so. Once this proper request is received, and information verified; the user’s data will be erased off the server.

In the event that SJK ENTERPRISES, LLC elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.

In the event that SJK ENTERPRISES, LLC elects to terminate Customer without cause, Customer shall receive a full refund of any pro-rated balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

SJK ENTERPRISES, LLC reserves the right to terminate any customer without prior notice and without assigning any reason.

All Customers acknowledge that Domain Registration Fees and/or Setup Fees, if any, are Not Refundable.

Liability
Customer agrees that SJK ENTERPRISES, LLC shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that SJK ENTERPRISES, LLC shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold SJK ENTERPRISES, LLC liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

SJK ENTERPRISES, LLC is not liable for customer site content backups on their shared hosting platforms. SJK ENTERPRISES, LLC has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

IN NO EVENT SHALL SJK ENTERPRISES, LLC LIABILITY EXCEED THE TOTAL VALUE PAID TO SJK ENTERPRISES, LLC BY CUSTOMER.

Representation and/or Warranties
SJK ENTERPRISES, LLC makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold SJK ENTERPRISES, LLC liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.

Client Content, Backups and Data Loss
SJK ENTERPRISES, LLC performs backups of client content once per week on Linux shared servers, unless otherwise stated. SJK ENTERPRISES, LLC makes every effort to insure that these backups are valid. SJK ENTERPRISES, LLC assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at SJK ENTERPRISES, LLC. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by SJK ENTERPRISES, LLC and any such contract will be subject to premium monthly charges.

SJK ENTERPRISES, LLC assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.

Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on SJK ENTERPRISES, LLC Servers, or of any database maintained on any server operated by SJK ENTERPRISES, LLC in the event SJK ENTERPRISES, LLC is unable to restore customer content from tape backup.

AT NO TIME SHALL SJK ENTERPRISES, LLC ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

Security
Customer understands that the Internet and other various networking communications are not secure.

Applicable Laws
Customer will ensure that its use of the Internet and any service provided by SJK ENTERPRISES, LLC to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, SJK ENTERPRISES, LLC shall have the right to consider same a breach of this Agreement by customer which shall entitle SJK ENTERPRISES, LLC to terminate Customer immediately without prior notice.

It shall be within the sole discretion of SJK ENTERPRISES, LLC to deem material as inappropriate.

SJK ENTERPRISES, LLC reserves the right to refuse to install and/or accept any hosting account without assigning any reason.

Integrity of Information
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Account Security
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. SJK ENTERPRISES, LLC shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL SJK ENTERPRISES, LLC LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN SJK ENTERPRISES, LLC AND CUSTOMER.

SJK ENTERPRISES, LLC will use its best efforts to maintain the integrity and security of Customer's password.

Domain Name Ownership
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall SJK ENTERPRISES, LLC be responsible for this cost.

Domain charges WILL ONLY be paid by SJK ENTERPRISES, LLC on domains that are offered as FREE with selected hosting plans; or whereby purchased from SJK ENTERPRISES, LLC.

Client shall pay ANY AND ALL transfer FEES on Domains that are transferred as FREE domain on selected hosting plans. SJK ENTERPRISES, LLC shall ONLY pay for the renewal on the domain and this DOES NOT include ANY AND ALL transfer fees.

Mail Services
SJK ENTERPRISES, LLC mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.

Web based e-mail is provided by SJK ENTERPRISES, LLC for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on SJK ENTERPRISES, LLC's servers is deleted after 60 days. SJK ENTERPRISES, LLC does not backup the mail accounts of its customers and customers store their e-mail on SJK ENTERPRISES, LLC servers at their own risk. POP Mail services are not to be used to transfer system backups or disk images.

Bandwidth Usage
SJK ENTERPRISES, LLC reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding the allotted usage monitored by SJK ENTERPRISES, LLC will be given the option to pay for excess usage at a rate of $6.00/month per GB, or will be given notice of suspension of service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.

The Following is Not Allowed On Our Servers
Sites with banners, graphics or CGI scripts running from their domain used on other domains. High Yield Income Programs (HYIP) Sites, Web Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 15% of system resources for longer than 15 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

Web Space provided on SJK ENTERPRISES, LLC server is NOT to be used for any kind of backups.

Adult Content
Adult-oriented sites are not allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group. Sites of such nature will be removed immediately and you will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Hosting Account Ownership
The billing contact, as registered with SJK ENTERPRISES, LLC is considered to be the account owner. SJK ENTERPRISES, LLC will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

Legal Action
Customer agrees to indemnify and hold SJK ENTERPRISES, LLC harmless in any legal action which arises as a result of Customer's use of SJK ENTERPRISES, LLC services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

Changes to this Policy
WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF THE SJK ENTERPRISES, LLC RESOURCES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS MODIFIED BY THE POSTED CHANGES.

Headings
Headings in this Agreement are for convenience only and shall NOT be used to interpret or construe these provisions.

Installation Services
SJK ENTERPRISES, LLC provides OPTIONAL installation and setup services for select Open Source content management programs, E-Commerce Shopping Cart programs and static HTML website templates as part of every "w/Website" hosting package. We do not guarantee in any way the continued functionality of said programs or static HTML website, nor do we claim to possess ownership of any kind. We offer graphics and content modification and setup with this service only. Once we have installed and/or set up the selected program and/or website and have verified that it is in working order, all login information will be emailed to the account holder. At this point the installed program and/or website will remain the account holders responsibility to administer and/or develop.

Entity
SJK Hosting Solutions is a wholly owned subsidiary of SJK ENTERPRISES, LLC. Terms such as "we," "us," "SJK Hosting" or "SJK Hosting Solutions" identifies the same entity in its meaning relative to the parent company SJK ENTERPRISES, LLC as it is used throughout this document and throughout the associated website documents located at www.sjkhosting.com.

Entire Agreement
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify SJK ENTERPRISES, LLC via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

Renewal
Customer's failure to properly notify SJK ENTERPRISES, LLC of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. SJK ENTERPRISES, LLC | Hosting Solutions current Terms and Conditions may be viewed at www.sjkhosting.com/tos.html

Spam/Bulk Email Policy
*** NOTICE CONCERNING MAILING LISTS, MASS MAILING, UNSOLICITED MAILINGS (SPAM)***

SJK ENTERPRISES, LLC STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY SJK ENTERPRISES, LLC, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO SJK ENTERPRISES, LLC SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. SJK ENTERPRISES, LLC DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON SJK ENTERPRISES, LLC SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.

MAILING LISTS HOSTED ON SJK ENTERPRISES, LLC SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY SJK ENTERPRISES, LLC IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.

ONLY HOSTING ACCOUNTS THAT INCLUDE MAILING LISTS AS PART OF THE PACKAGE WILL BE ALLOWED TO OPERATE THEM.

I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY SJK ENTERPRISES, LLC OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY BULK MAILINGS.