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
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
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,
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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℠.
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
Accessing data not intended for such User or
logging into a server or account, which such User is not authorized to
Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization.
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to
which such User is not entitled.
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.
Notification of Violation:
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
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.
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.
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.
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
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
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
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.
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.
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.
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
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℠.
It is absolutely forbidden to host IRC servers.
Accounts found hosting this material will be subject to immediate
cancellation without refund.
Responsibility for Content: You, as HyTek
Hosting's customer, are solely responsible for the content stored on and
served by your HyTek Hosting℠ server.
Reseller Account Restriction: Reseller accounts may not be used to support a free webhosting business.
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.
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℠.