Terms of Service (TOS) for ‘CDK Hosting’

Server use: 2

SPAM is not tolerated at CDK Hosting. 3

Account termination or suspension and refunds. 4

Server resource usage (more information) 4

Acceptable Use Policy 4

Non reseller accounts. 5

Resellers responsibility. 5

Changes in service price. 5

CDK Hosting Liability. 6

CDK Hosting Services Disclaimer 6

Changes to the Terms Of Service. PAGEREF _Toc203627028 \h 6

             



 

CDK Hosting is the name of the services provided on these websites.

The terms: us, we, our, I, all refer to CDK Hosting, the term you and your, refer to you as the customer, user of services provided by CDK Hosting. The term ‘their’ refers to the customers of resellers.

The term ‘its’ used in the context similar to : [CDK Hosting and its server owners] means people, or services connected with CDK Hosting. When this term is used, it is considering the third parties, or people as a part of CDK Hosting, and are included in the terms being stated.

 

When you signup with any CDK Hosting services, you will be added to a CDK Hosting mailing list, we will not give away or sell your email address. The mailing list is just to update you on the server/s status, planned downtimes, events, special offers, special/added features - etc...

 

The CDK Hosting Privacy Policy + User Agreement can be found right at the bottom of this page.

 

PLEASE NOTE: 

YOU ARE ALLOWED TO HAVE WEB PROXIES ON THE WEB PROXY ENABLED ACCOUNTS. WE ARE NOT TRYING TO SCAM, OFFERING ACCOUNTS WHICH CONTRADICT WITH THE TERMS OF SERVICE - THE ACCEPTABLE USAGE POLICY STILL APPLIES.

ADULT MATERIAL IS ALLOWED ON ALL ACCOUNTS, BUT IT MUST BE LEGAL, AND ILLEGAL MATERIAL MAY RESULT IN PROSECUTION. 


Server use:

CDK Hosting reserves the right to refuse service and/or access to its servers and/or services to anyone.

CDK Hosting does not allow any of the following content to be stored on its servers:

including but not limited to:

 

- Child pornography is STRICLY forbidden.

- Excessive download content or non-linked content. (Loads of non html/php files - not website related)

- Radio or Radio Relay Servers, this includes systems such as shoutcast.

- Running things including but not limited to Web proxy scripts / anonymizers, IRC scripts, IRC Bots, Pirated Software / Warez, excessive images / hosting, filedump, backups (except from site backups), brute force programs, file hosting sites (like rapidshare, mega upload). You are however allowed to host these scripts in file form, not running, example, a proxy template in a zip archive, an IRC bot you created in a zip archive, but you must not have excessive files. Basically, programs which are server intensive - scripts which do not produce mainly web based content. PLEASE NOTE Web proxies are allowed on web proxy enabled accounts.

- Fanatical Religious, including extreme hate sites.

- Illegal P2P and file sharing websites. Strictly forbidden, linking or not linking.

- Material or instructions which threaten international security/safety, including, but not limited how to make a bomb, poisons, torture, guns etc.

- Warez Websites, Games (like miniclip.com) or Game Servers or sites using the content they provide.

- Anything deemed illegal by US or UK law is strictly prohibited.

- SPAM of any sort, unsolicited emails.

- Image galleries are permitted, but not large ones. An image gallery should not exceed 100MB worth of pictures. This can vary on the type of plan you have. A larger plan = Larger image gallery limit. This is left at the descretion of CDK Hosting.

- Excessive use of CPU resources, and RAM, if your website uses to much CPU, we will ask you to tone down your usage, if that is not possible, you may have to move to another host. This is at CDK Hosting, and its server owners discretion.

- CGI Proxies are NOT allowed under any circumstances on any accounts.

There are also other restrictions on what you are allowed to host CDK Hosting, you must read the whole of this Terms Of Service to see what you can and cannot do.

SPAM is not tolerated at CDK Hosting.

You are not allowed to send any sort of unsolicited emails through any servers used by CDK Hosting.

Double opt-in mailing lists are allowed, as long as you don’t send out 50 or more emails at once.

You must not send bulk email, legal or not, bulk being to 50+ recipients at one time. You can send emails as long as the comply with the CAN-SPAM act found here : http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm

People found to be spamming will be warned, and accounts disabled until they re-accept the Terms of Service, if they are found to be spamming again, they will be permanently terminated, and their contact details given to relevant authorities if requested.

For our resellers, we will not terminate your account if people are found to be spamming under your account, we will suspend their account, and contact you, if there is no reply, we will terminate their account for you.

If there are excessive amounts of material on a resellers account, we will be forced to suspend the whole reseller, until the problems are sorted out fully.

Please note that if any accounts are suspended because of the Terms Of Service being violated, NO REFUND WILL BE GIVEN, even if the account is in its 2 day money back guarantee period.

Account termination or suspension and refunds.

CDK Hosting reserves the right to suspend or terminate any account at any time, with no given warning or notice.

If your account is suspended without reason, meaning you have not violates the Terms Of Service, you are liable for a 100% refund.

Abuse to our support team and staff of CDK Hosting may result in account termination, no refund will be given.

CDKHosting guarantees a 15-day-money back guarantee.  However, due to abuse, we only refund if the service has been down for over the uptime guarantee. (Excluding network maintenance and hardware upgrades)  We have the right to refuse any refunds to anyone, at anytime.  If you have violated our Terms of Service, or abused our staff, you won't get a refund.

 

Please note that the 100% refund is paid behind paypal fees, they can vary depending on price. CDK Hosting will not be held responsible for paypal fees, and loss of funds, if paypal says we have paid you £5, when the amount refunded was £5, but you only get £4.75 because of paypal fees, CDK Hosting will not pay out any more than the given amount.

Server resource usage (more information)

You may not:

a) Regularly use 25% or more of system resources for longer then 120 seconds, exceptions are made for one-offs, updates, backups etc.  -  (If your website regularly exceeds this just to run properly, you should look into getting a VPS, or dedicated server, as most shared hosts wont allow that kind of usage)

b) Run server processes, which are constantly running, strictly prohibited, for example IRCD.

c) Run any sort of large scale chat systems, such as IRC, some types of chat rooms, you are allowed to run small-scale chat rooms, such as a live support system, as long as it does not violate term ‘a’ (This is left at the discretion of CDK Hosting)

d) Run any sort of bittorrent application, such as a tracker or client.

e) Run any gaming servers such as counter strike etc.

f) Run ‘cron jobs/entries’ with an interval of less than 1 hour, such as automatic backups.

Acceptable Use Policy

To keep CDK Hosting prices low, we enforce a very strict  Acceptable Use Policy.

Please note that the Acceptable Use Policy is in addition to the Terms Of Service, and may contain thins which are already in the Terms Of Service.

 

1. CDK Hosting reserves the right to suspend or terminate any hosting account at any time, with or without notice if CDK Hosting decides the hosting account has been used inappropriately. CDK Hosting reserves the right to refuse service to anyone, with or without given reason.


2. All files in a hosting account must be part of the active web site and linked to the site. Web sites should not contain any backups, or other non-web based content. We will treat all password protected archives (e.g. zip and rar) files as unacceptable. In most circumstances, media files and program files are prohibited from the server, but you are permitted to have a very small amount, for example, if you are selling music or programs which you created, or an e-book you created, you can host it on CDK Hosting servers, as long as they are not taking up too much space. The amount of space you are allowed to use for media, or program files is left at the discretion of CDK Hosting staff. If we decide you are taking up to much space, we will notify you to backup and remove the files, or we will remove them. If you have excessive amounts of media files on your hosting account (the amount is left at the discretion of CDK Hosting), you may risk you account being suspended, or terminated.


3. Scripts and web applications on the web site must be designed to produce web-based content, and not to use the server as an application server, for example, encoding files on the server, or encrypting or decrypting using server resources. Scripts and web applications should not attempt to manipulate or exploit or damage servers. These are set at the present values to ensure the reliability of the server. Scripts and web applications that are designed to provide proxy services, anonymous or otherwise, are strictly prohibited

 

4. You are not allowed to share file access to your hosting account with the public. Sharing your account with someone who is helping you set up or run the website is allowed, but you must not allow public access to this server, or your files. If you do this, you will be immediately suspended, if your password was stolen we will reset it and give back your account, a second offense will mean immediate account termination.


5. You must not make constant connections to CDK Hosting FTP servers, for instance running a public webcam service/streaming your webcam to video files on the server, or uploading images at constant, small, intervals are examples of things which are prohibited.

 

6. You MUST spread out your usage, if you are given 50GB bandwidth, you must not use it all in one day. We have a policy that you must never use more than 5 times they amount you get if you divide the amount of bandwidth you have per month by 30.

 

- For example, if you have 60gb bandwidth per month. 60GB divided by 30 = 2gb

1gb times 5 = 10gb

You must not use more than 10GB in one day (24 Hours)

You are allowed to use 60GB in 6 days if you want to.

This term VERY rarely has to be implemented, this is to stop huge websites trying to rip us off - also to stop the abuse of the proxy accounts. -

 

If you slightly go over your daily cap - you will not be penalized, but if you continuously exceed your daily cap, you may risk getting suspended. If you find you are regularly exceeding your daily cap, you may have to tone down/lower your usage, or pay more, and upgrade to a better account.

 

Unlimited accounts do not have a daily cap, but they must comply with the server usage terms.

 

 


Non reseller accounts.

You must not attempt to resell your web space on shared account. You are permitted to ‘share’ it with a friend, but running a public/private hosting business on it is strictly prohibited, any shared sites found to be doing this, will be suspended, or forced to purchase a reseller account if they want to continue.

No refund will be given if your account is terminated in these circumstances.

Resellers responsibility.

Resellers bought from CDK Hosting are responsible for the files their clients host. If the resellers do not properly take precautions, and actions against clients violating these Terms of Service, their accounts may have to be suspended, due to their negligence. CDK Hosting, and its server owners will not be held responsible for what resellers clients host under their accounts. CDK Hosting will try its best to take necessary action against people violating these Terms of Service, or US or UK law.

 

Resellers who are reselling proxy services MUST enforce our Acceptable Use Policy, ESPECIALLY number 6.

 

Changes in service price

CDK Hosting reserves the right to change the prices of its hosting plans a any time. This only applies to recurring payments or new customers.

It means that if you buy 3 months of hosting, and the price changes during your contract period, you will not have to pay more to keep your hosting account active until the contract period ends. If you want to continue the hosting, then you will have the pay the higher, or lower price. If you find that you cannot afford to pay the price of the new hosting, we will give you 2 days to backup your account until it is terminated.

- - Please note that this is only a precaution taken by CDK Hosting, our prices are very likely not to change, this is only in case there is some sort weird crisis, for example hyperinflation, where electricity, bandwidth and hard drives cost 10000% more, and it becomes impossible to provide that service at that price any more. - -

CDK Hosting Liability

CDK Hosting, its owner, its server owners will not be held liable for any damages or losses caused by CDK Hosting services. This includes injury or death caused by a product sold using or in conjunction with CDK Hosting services, or sold by CDK Hosting itself. CDK Hosting will not be held liable for damages or losses caused by infringement of proprietary rights of any third party, copyright infringement or any faulty/defective product sold in connection with CDK Hosting services.

 

 

If illegal content is being hosted on CDK Hosting servers, we will try our best to detect, and then delete it. If you find there to be any illegal content on CDK Hosting servers, please contact the administrator the email address below at the bottom of this page.

 

CDK Hosting Services Disclaimer

CDK Hosting, its owner, and its server owners will not be responsible for any damages your website, company, business, or you may suffer in conjunction with CDK Hosting services. This includes downtime, loss of data, or any sort of interruptions connected with any of the CDK Hosting services.

 

User Agreement

1. You, as the user of any CDK Hosting services, agree to abide by these Terms Of Service. Failing to do so, may result in account suspension/termination.

2. You, as a user of any CDK Hosting services, agree that if you have any problems, you will use the ticketing support system, and leave a support ticket - before going to PayPal or other third parties to get your money back. eg. If you have a problem with your service, you must create a support ticket in your clients area, if you decide to report us to
PayPal, before even requesting a refund, you are breaking these Terms Of Service. By breaking the terms of service you risk termination of this contract, therefore you are liable for NO refund, NO Charge back, you risk getting suspended, terminated and banned from CDK Hosting.

3. You agree to be not abuse CDK Hosting staff.

 

Privacy Policy

CDK Hosting will never disclose your collected personal information to any 3rd party without your permission, unless requested to do so by genuine higher authority.

 

CDK Hosting will NEVER request any sensetive information, including but not limited to : Credit/Debit card details, bank details, confidential Identification numbers etc. If this kind of information is requested from you, NEVER give it.

 

Please note that during payment, you are taken to a 3rd party website, PayPal, we do not have control over the information PayPal request, we do not own or control PayPal. PayPal may request credit card details, if you are sending money over the internet, ALWAYS make sure that paypal.com is in your address bar when sing PayPal to pay for anything.

 

CDK Hosting will not be held responsible for damage or loss caused by loss of your personal data on our servers.

 

When you submit your information anywhere on the internet, or on CDK Hosting, you are doing so at your own risk, you must secure your own internet connection, we will not be held responsible for loss of data during its transfer.

 

Changes to the Terms Of Service

CDK Hosting reserves the right to change its Terms of Service, including the Privacy Policy, Acceptable Use Policy and User Agreement at any time without notice.

 



If you have any problems, or enquiries with any of the above (Terms Of Service, Privacy Policy, Acceptable Use Policy), please email cdkhosting[@at]hotmail[dot.]co[dot.]uk

Terms/Rules Last edited at : 02:56 AM London GMT +0 on 30th Of August 2008

02:56 30/08/2008 GMT