All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.

Use of Techark Internet Services Service constitutes acceptance and agreement to Techark Internet Services AUP (Acceptable Use Policy) as well as Techark Internet Services TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to Techark Internet Services, the usage of "you", "your", "they", "them" shall refer to client / customer of Techark Internet Services.

>Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Techark Internet Services, that you are agreeing to our TOS, AUP, and SLA. No modification of said contract by customer is allowed.
   
   
2. Techark Internet Services will provide, and Customer will purchase and pay for, the Services and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
   
   
3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount as specified in Customer's contract, Customer will pay Techark Internet Services any additional fees as specified in the Service Description.

>Payment

Establishment of this service is contingent upon receipt of payment from Customer to Techark Internet Services. Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology:

(Total monthly fees/30) x Number of days to monthly recurring billing cycle

Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

>Payments and Fees

Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Techark Internet Services will be turned over to an outside 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 Fifty dollars ($50.00) nor more than One Hundred Fifty dollars ($150.00)

>Delinquent Accounts

Techark Internet Services may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees or any collection fees.

>Account Cancellation

All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and faxed to (877) 876-8672. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM Monday - Friday.

>Refunds and Disputes

All payments to Techark Internet Services are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, at Techark Internet Services discretion which is valid under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption and reconnection fees to restore the desired service.

Backups and data stored on our servers.

Techark Interenet Services keeps backups for archive purposes only, Techark Internet Serivces does not warrant that the backups will be current or usable for customer data recovery. While we attempt to maintian accurate and current backups we cannot and do not warrant them to be fit or up to date. It is the customers sole responsiblity to maintain current backups of their data. You agree that at no time Techark Internet Serivces will be held liable for faulty backups or data stored on our servers. Techark Services and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any failure of backups or corruption or loss of data stored on our servers..

Actions Taken by Techark Services

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Techark Services will be the sole arbiter as to what constitutes a violation of the Terms of Use. Techark Services reserves the right to remove any account without prior notice.
When Techark Services becomes aware of an alleged violation of its Terms of Use, Techark Services will initiate an investigation. During the investigation, Techark Services may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Techark Services may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, Techark Services will notify the appropriate law enforcement authorities of such violation.

Techark Services does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Techark Services customers agree to indemnify and hold harmless Techark Services from any claims resulting from the use of our services that damages them or any other party. The Techark Service's service is provided on an as is, as available basis. Techark Services expressly disclaims any representation or warranty that the Techark Services service will be error-free, secure or uninterrupted. In cases of outage the client's sole remedy will be a pro-rated credit based on the period difference of downtime and Techark's promised up time. No oral advice or written information given by Techark Services, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Techark Services and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
Techark Services reserves the right to add, delete, or modify any provision of its Terms of Use at any time.

Technical Support: support@resellershosting.net
Sales: sales@resellershosting.net
Emergency 800 number: 1-877-876-8675