Terms and Conditions
Caltak.com (referred hereinafter as 'Caltak Enterprises', 'our', 'we' and 'us') is a professional online publishing and web hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. We reserve the right to change this policy at any time without prior notification.
We reserve the right to spotlight any client's website.
1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Caltak Enterprises, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
· Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
· Restrict or inhibit any other user from using and enjoying the Internet.
Caltak Enterprises reserves the right to the final decision on what constitutes abuse.
2. Resource Usage, Banned Sites,
Users may not initiate the following on our servers:
· Run any process that requires more than 30 CPU seconds, or use more than 10% of all available system resources at any time.
· Run any type of interactive real-time chat applications that require server resources that aren't available in your account's control panel. If you have a program you would like to run but doesn't meet these specifications, please contact us. Remotely-hosted services are fully allowed.
· Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
· Run any site with adult-oriented content, including but not limited to any pornographic material.
· Run any site that offers or sells the following :Alcoholic Beverages, Unsolicited Email Services,Gambling Transactions,Sports Gambling Prognostication, Pre-Adult Content - Pictures, Videos, etc, Dating, Lottery, Raffles, Contest Sites, Sites that promote Hatred, Racism or Religious Persecution, programming codes or security features, to gain access to features or services they have not expressly paid for. Adult Toys and products of that nature, Matrix, Single level, Multi level, MLMs or similar products, Enlargement Products for any part of the body.
Users are also required to abide by the following:
· Databases are only to be used for Caltak Enterprises-hosted web sites, and no outside access will be granted.
3. Severe Account Violations
We take a zero tolerance stance against any of the following activities:
Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. Additionally, any account owner who is in violation of this policy, will be charged a fee of $500 + $1 per message sent. This does not apply if any of your client accounts is in violation of this policy.
Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice. Additionally, any account owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Abusive Behavior Against Staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Caltak Enterprises staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.
Caltak Enterprises reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. Caltak Enterprises.com also reserves the right to make any such modifications in an emergency at our sole discretion.
You agree to indemnify, defend, and hold harmless Caltak Enterprises from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Caltak Enterprises, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
5. Refusal or discontinuation of service
Caltak Enterprises reserves the right to refuse or discontinue service to anyone at Caltak Enterprises's sole discretion. Caltak Enterprises may deny you access to all or part of the service without notice if you engage in any conduct or activities that Caltak Enterprises in its sole discretion believes violates any of the terms and conditions in this agreement. Caltak Enterprises.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Caltak Enterprises has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Caltak Enterprises reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Caltak Enterprises also reserves the right to refuse refunds in cases where Caltak Enterprises believes abuse has taken place.
6. No warranties
Caltak Enterprises makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Caltak Enterprises or its agents or employees shall create a warranty. Caltak Enterprises provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Caltak Enterprises be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Caltak Enterprises.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Caltak Enterprises's servers that such information becomes available to all Internet users and that Caltak Enterprises.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Caltak Enterprises's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Caltak Enterprises or on the Internet generally.
Your use of the service is at your sole risk. Caltak Enterprises is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Caltak Enterprises servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Caltak Enterprises, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Caltak Enterprises.com policy decisions.
Caltak Enterprises reserves the right to monitor any and all communications through or with our facilities.
7. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Caltak Enterprises.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.
8. Payment & Other Information
You agree to supply appropriate payment for the services received from Caltak Enterprises, in advance of the time period during which such services are provided. You agree that until and unless you notify Caltak Enterprises, by writing, via e-mail or letter, of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must include your account username and password for verification in order for your cancellation to be valid.
9. Payments made for dedicated server purchases, domain registrations or account upgrades are non refundable.
Users who partake in the free domain registration promotional offer and cancel services within 1 year of their signup date are required to pay Caltak Enterprises.com $15.00 for the domain registration fee.
Any account 10 days past due will be suspended and a $25.00 re-connect charge will be billed to your account if you request re-connection of your account. Accounts will be terminated from Caltak Enterprises’s servers after 20 days of delinquency.
Caltak Enterprises has a price freeze guarantee which states that the plan and pricing you commit to during signup, will never change for as long as you are a client, in good standing, with Caltak Enterprises.
10. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Caltak Enterprises or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Caltak Enterprises.com’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
11. Money Back Guarantee
Each shared hosting plan includes a full 10-day money back guarantee. There is a 3-day money back guarantee for fully hosted pre-made websites. There is no refund or exchange available for domain name registrations.
Refunds: There is a partial refund (service fee less $25 deposit) for custom logo designs for up to 3 days after first draft of logo impressions.
12. Payments made for domain registrations or account upgrades are non-refundable.
If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages, domain registration fees or account upgrades. No refund is available after that period for monthly subscribers. Accounts on billing plans longer than thirty days may receive a pro-rated refund for any unused months. Unless otherwise stated by a billing representative, any refunds will be issued via-PayPal.com only. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by Caltak Enterprises for violating our Acceptable Usage Policy do not qualify for the 10-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.
13. Cancellation Policy
All cancellation requests must be submitted to us in writing by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are cancelling within our 10-day money back guarantee period. You must include your account username and password for verification in order for your cancellation to be valid.
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