Terms Of Service

 

IMPORTANT NOTICE: *Your satisfaction is our responsibility.*

HyTek Hosting℠, LLC. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of HyTek Hosting℠ Service constitutes acceptance and agreement to HyTek Hosting's AUP as well as HyTek Hosting's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of HyTek Hosting℠, LLC. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Connecticut, county of Fairfield applicable to contracts enforceable in that state. Venue will be in Fairfield County, Connecticut.

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition HyTek Hosting℠ shall have the right to terminate all service set forth in this Agreement.

     

  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Please note: the Company will not raise initial agreed upon rates on its subscribers.

     

  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the billing cycle for that cycle's service. Please note that if you Pay using a PayPal Subscription payment, and your account is suspended or cancelled for any reason, the Subscriber is responsible to cancel the subscription using his or her PayPal account.

     

  4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that are past due. Service interrupted for nonpayment is subject to a $20 restoration charge. Accounts not paid by due date are subject to a late fee. Accounts that are not collectable by HyTek 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 $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

     

  5. Refund and Disputes: All payments to HyTek Hosting, Inc. are refundable upon written request within 30 days of initial account activation if your service was not everything we say it would be or for a SLA violation. Please note that this offering is only available to new customers and this includes charges regardless of usage, less domain name registration fees. All overcharges or billing disputes must be reported within 15 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in HyTek Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay HyTek Hosting℠ an "Administrative Fee" of not less than $50 and not more than $150. In addition, a 30 day money back guarantee is advertised for all plans that do not come with a free trial. This means that we will refund your order (minus any additional expesenses such as domain registration) within the initial 30 days of your order if the service you receive is not all that we said it would be. Please note that all refund requests must be submitted in written request at our support desk to our billing department (http://support.hytekhosting.com). There is no 30-day money back guarantee for dedicated servers or custom-tailored plans.

     

  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

     

  7. Account Cancellation: All requests for canceling accounts must be made in writing with at least seven days notice but not more than 30 days prior written notice (dedicated servers require 30 day prior written notice). Please be sure to log this request at our support site http://support.hytekhosting.com and assign your ticket to billing. You should receive a ticket number after submitting your request and this will serve as proof of your request. Please note that we may require further information in order to process a cancellation request so please be sure to follow up on the request if you do not hear back from us saying that your request has been processed.

     

  8. 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.

     

  9. Domain name registrations: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by HyTek Hosting℠ on behalf of the account holder a registration fee will be incurred. Please note that if we cannot reach you to confirm your account in accordance with section 23 ("Confirmation of accounts"), your new domain may not be registered or its registration might be cancelled at our sole discretion. See section 23 for more details.

     

  10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to HyTek Hosting, LLC. will require a minimum of one day to be set up and entered into our DNS servers. In some cases, such transfers may take up to seven (7) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by HyTek Hosting℠, LLC. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

     

  11. Other Domain Policies: HyTek Hosting℠, LLC will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain / ID protect expiration date and making sure you renew it before it expires. All requests for renewal of domain names / ID protect under HyTek Hosting℠'s control must be made in writing at: http://support.hytekhosting.com Renewals of domains / ID protect are not automatic and we are not to be held responsible if out-of-date contact information hampers our ability to contact the customer in the event of an issue rising out of the registration / renewal of a domain name and/or billing problem. Recurring billing for web hosting is separate for domain name billing and customer should understand the difference. Customer is responsible to update contact information and the such at: http://access.enom.com (if a password was never received or needs to be re-set, please place a request at our online support center). If the customer would like for us to update their account information that is on file, they must explicitly say they would also like their domain WHOIS information updated at the same time if that is the case.

     

  12. Support Boundaries: HyTek Hosting℠, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close). We limit our technical support to our area of expertise. The following is our guidelines when providing support: HyTek Hosting℠ provides support related to your server or virtual site physical functioning. HyTek Hosting℠ does not offer tech support for application specific issues such as cgi programming, html or any other such issue. HyTek Hosting℠ does not provide technical support for YOUR customers. We encourage you to submit a support request at support.HyTekHosting.com for assistance. If you are able to get online and have other questions, the answers may be on our support home page at HyTek Hosting℠ Support - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.

     

  13. SPAM and Unsolicited Commercial Email (UCE): HyTek 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 HyTek Hosting℠ may not use or permit others to use our network to transact in UCE. Customers of HyTek Hosting℠ may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

     

    1. Violation of HyTek Hosting℠'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HyTek Hosting℠ will initiate an immediate investigation (within 24 hours of notification). During the investigation, HyTek Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HyTek Hosting℠ may, at its sole discretion, restrict, suspend or terminate customer's account. Further, HyTek Hosting℠ reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HyTek Hosting℠ will notify law enforcement officials if the violation is believed to be a criminal offense.

       

    2. First violations of this policy will result in an "Administrative Fee" of $100 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $250 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 HyTek Hosting℠ personnel must spend to investigate the matter. PLEASE, DO NOT SPAM OR ALLOW SPAM TO BE SENT from your account.

       

    3. Our Customers are ultimately responsible for the actions of their clients or accounts over the HyTek Hosting℠ network, it is advisable that Customers develop a similar, or stricter, policy for their clients.


    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our server. The account will not be restored until such time that you agree to remove ANY and ALL traces of the offending material immediately upon restoration and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our server without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our server without notice.

     

  14. Network

     

    1. IP Address Ownership: If HyTek Hosting℠ assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to HyTek Hosting℠, and Customer shall have no right to use that Internet Protocol address except as permitted by HyTek Hosting℠ in its sole discretion in connection with the Services, during the term of this Agreement. HyTek Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by HyTek Hosting℠, and HyTek Hosting℠ reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

       

    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order. HyTek Hosting℠ will monitor Customer's bandwidth and disk usage. HyTek Hosting℠ shall have the right to take corrective action if Customer'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 this Agreement, which actions may be taken is in HyTek Hosting℠'s sole and absolute discretion. If HyTek Hosting℠ takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, HyTek Hosting℠ may, at its sole discretion, collect a deposit, in an amount determined by HyTek Hosting℠, against customer's credit card on file with HyTek Hosting℠.

       

    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the HyTek Hosting℠ Network. Violations of system or network security may result in civil or criminal liability. HyTek Hosting℠ will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

       

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

         

      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

         

      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

         

      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

         

      5. Taking any action in order to obtain services to which such User is not entitled.
         

    4. Please note: SSH access will only be provided to those who demonstrate need for it and who provide identification. We reserve the right to withhold SSH access for any reason.

     

  15. Notification of Violation:

     

    1. HyTek Hosting℠ is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

       

    2. First violation: Any User, which HyTek Hosting℠ determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at HyTek Hosting℠'s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

       

    3. Second Violation: Users that HyTek Hosting℠ determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

       

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.


     

  16. Suspension of Service or Cancellation: HyTek Hosting reserves the right to suspend account access to any customer if in the judgment of the HyTek Hosting℠ network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which HyTek Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

     

  17. HyTek Hosting℠ reserves the right to amend its policies at any time. All Sub-Networks, resellers, managed servers, and all other customers of HyTek Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

     

  18. Indemnification: HyTek Hosting℠ wishes to emphasize that in agreeing to the HyTek Hosting℠ Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies HyTek Hosting℠ for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HyTek Hosting℠ or the bringing of any claim against HyTek Hosting℠ by any third-party. This means that if HyTek Hosting℠ is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against HyTek Hosting℠, plus all costs and attorney's fees.

     

  19. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

     

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

       

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

       

    3. HyTek Hosting℠ takes no responsibility for any material input by others and not posted to the HyTek Hosting℠ Network by HyTek Hosting℠. HyTek Hosting℠ is not responsible for the content of any other websites linked to the HyTek Hosting℠ Network; links are provided as Internet navigation tools only. HyTek Hosting℠ disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

       

    4. HyTek Hosting℠ is not responsible for any damages your business may suffer. HyTek Hosting℠ does not make implied or written warranties for any of our services. HyTek 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 HyTek Hosting℠.

       

    5. It is absolutely forbidden to host IRC servers. Accounts found hosting this material will be subject to immediate cancellation without refund.

       

  20. Responsibility for Content: You, as HyTek Hosting's customer, are solely responsible for the content stored on and served by your HyTek Hosting℠ server.

     

  21. Reseller Account Restriction: Reseller accounts may not be used to support a free webhosting business.

     

  22. DATA: You, as HyTek Hosting's customer, are solely responsible for your data stored on and served by your HyTek Hosting℠ server. While we do backup data, it is your responsibility to backup your data in the event that data loss does occur and our backups are not up-to-date or cease to work.

  23. Confirmation of accounts We use a variety of means to check new orders for fraud and mistakes. We may contact new customers to confirm their accounts. If we cannot reach new customers with any part of contact information they provide (we are not obligated to try contacting the customer using every piece of contact information they provide), we may at our sole discretion cancel their hosting order (and new domain orders, if any) and issue a refund for the amount paid (if already paid for), less any costs used to pay a 3rd party in conjunction with your order that are not recoverable by HyTek Hosting℠.
     




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