Acktivate Digital Marketing LLC. (hereinafter referred to as, “Acktivate”) provides services on a pay-as-you-go basis. If at any time you allow your account to lapse, services provided by Acktivate will stop immediately.
Acktivate requires full administrator access to your WordPress site(s), hosting account (web server) and/or any other related accounts that require us to perform our services. Acktivate makes every effort to protect your data, but is not liable for loss associated with unauthorized access to said accounts. In the event you change your password(s), you must notify Acktivate as soon as possible in order to avoid service interruptions.
Acktivate is not liable for interruption of services, damage to equipment or data loss caused by hardware or service failures.
Acktivate uses various third-party plugins and utilities to provide its services to you. Acktivate will not be held liable for interruptions to said services and inability to use said third-party plugins and utilities for whatever reason. You may not alter the settings of these plugins for any reason. You acknowledge that doing so may cause problems and/or interruption of the services provided to you by Acktivate. In the event you alter said settings and it causes increased workload for Acktivate, you may be charged at Acktivate’s current hourly rate for the additional time incurred in order to return the settings back to Acktivate’s defaults. Acktivate will not provide partial or full refunds as a result of third-party service interruptions or setting alterations.
Acktivate provides off-site backup services in some of its plans. The cost of our service plans are determined by what is considered typical for an average website in terms of disk space used. If your website uses excessive disk space, Acktivate will bring it to your attention immediately upon discovery and provide you with the option to pay additional fees to continue backup service or you can elect in writing to continue Acktivate services without backup.
You acknowledge and authorize that Acktivate will delete all off-site backups and third-party services will stop immediately upon cancellation or expiration of your Acktivate account.
Acktivate reserves the right to refuse or cancel service to anyone at any time, without notice and without reason.
Acktivate highly recommends that you use a child theme. Using the main (“parent”) theme on your website means that updates to that theme will likely return your website back to the default settings. Acktivate will not be held responsible for data lost as a result of a theme update where you haven’t utilized a child theme properly.
Acktivate cannot guarantee that caching and compression services provided will enhance your website’s performance.
Acktivate cannot guarantee that security enhancement services provided will fully secure your website. Acktivate will use its best knowledge of practicable and reasonable security practices to assist in the deterrence of security breaches, but no guarantee can be made as to full, impenetrable security. Further, Acktivate cannot guarantee that malware scans will find any or all malware that might exist on your website or web server. Acktivate will report to you the discovery of any malware found but removal of said malware may require additional fees, depending on severity.
Acktivate cannot guarantee that any particular premium plugin, theme or other software will be available at any given time now or in the future, as Acktivate may elect at any time to allow certain developer licenses to expire. In most cases, premium software that is already installed on your website may remain installed even after the license expires, but it may not be eligible for updates or support from the developer.
Web Hosting Terms of Service
If web hosting services are a part of your Acktivate purchase, you must agree to the below terms of service before you can create your Acktivate Web Hosting account.
Our terms of service (hereafter referred to as “TOS”) are designed to provide to our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of Acktivate service(s) represents your acceptance and agreement to Acktivate’s TOS, regardless of whether you have read them or not. For purposes of the TOS, the terms “we” and “us” refer to Acktivate, and the terms “you” and “your” refer to the Customer.
We accept your use of our service(s); therefore, we do not actively monitor your account activity under normal conditions. Furthermore, we do not implement editorial control over the content of any Web site. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS, we hold full authority, but accept no responsibility, to remove any materials that, in our sole and exclusive judgment, may be illegal, may subject us to liability or which may violate our TOS. Acktivate reserves the right to cooperate with any local, state or federal law enforcement agency or administrative agency having regulatory jurisdiction or control with respect to the examination of any suspected or alleged crime or civil wrongdoing. Violation of our TOS may result in the suspension or immediate termination of your Acktivate Hosting account and/or services.
We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use (i.e., use that violates applicable law or regulation) of our service.
If an Acktivate Web Hosting account is used to violate our TOS we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant or material violations of the TOS will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.
As a member of our hosting community, you must use your hosting account access lawfully, ethically and responsibly.
We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. All new orders are usually activated within 24 hours. If you have not been activated within this time frame, please click here to contact our billing department.
All services provided by Acktivate Web Hosting may only be used for lawful purposes. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Acktivate from any claims resulting from the use of our services.
Examples of Totally Unacceptable material:
- IRC Bots.
- Warez Sites.
- MP3’s (unless You are the Artist).
- Password sharing sites.
- Sites that run any type of proxy script.
- Pirated Software.
- Hacked programs and archives.
Other files or data obtained or promulgated unlawfully.
2.1) Distribution of Malicious Code:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.
2.2) Infringement
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use Acktivate to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.
2.3) File Hosting
File hosting and file storage of any type is strictly prohibited on any and all servers within the Acktivate Web Hosting network. You MAY NOT use your Acktivate account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you cannot have downloads on your site. This means you cannot operate a site that specializes in downloads like Download.com or similar websites, and you may not use your Acktivate account as storage repository for MP3, games, video, audio or music files. Your account may not exceed 10% of used space in MP3, games, video, audio or music files.
2.4) Adult Sites
Due to various legal and moral implications. Acktivate does not permit sexually explicit material on any of its servers.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double Opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Acktivate Web Hosting 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. Acktivate also reserves the right to make any such modifications in an emergency at our sole and absolute discretion.
Acktivate reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Acktivate.
Bulk Email / Mass Email scripts of any type are not permitted on any Acktivate server.
3.1) Usenet Spamming
Acktivate Web Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
You agree to make appropriate payment for the services received from Acktivate Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Acktivate of your desire to cancel any or all services received, those services will be billed on a recurring basis and will be immediately due and owing.
Your use of the Acktivate Web Hosting service is at your sole risk. Acktivate is not responsible for any and all files and data residing on your account on our servers.
5.1) Termination of Data and Customer Privacy
For your privacy, all data and files from terminated and canceled accounts are immediately deleted and purged from our servers. This includes any and all backups. Please make sure to back up all your files and data before canceling your Acktivate account.
5.2) Emergencies and Special Situations
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our network, infrastructure and customers, including but not limited to actions requiring us to deactivate web sites, shut down our network, or review the content on web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee a full restoration of a web site.
5.3) Account Security
Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password.
Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
Users who violate systems or network security may incur unlawful or civil liability. Acktivate will cooperate fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Acktivate does not have a refund policy and does not offer a money back guarantee of any type. All sales are considered final. We do not prorate any part of our billing fees for any unused time.
You may cancel your Acktivate account at any time you desire. If you joined with PayPal, please login to your PayPal account and cancel your subscription agreement. Alternatively, Click Here to submit a cancellation request to our customer support help desk.
If you cancel your Acktivate account, you are entitled to keep the domain that we have registered for you on your behalf. We will also transfer it to any web hosting company or domain registrar of your choice completely free of charge. You may incur fees when transferring the domain to another registrar.
If you joined Acktivate via the yearly payment option and you cancel before the year has expired, your Acktivate account will remain active until exactly 365 days have expired from the date of your last yearly Payment. At that time, your account will be terminated. You may renew your account at any time prior to its expiration.
If you joined Acktivate via the monthly payment option, your account will be terminated 30 days after your last payment was received by Acktivate.
Acktivate will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
6.1) Cancellation for lack of payment
Any account that has unpaid invoices that are more than 3 days outstanding may be terminated at any time without notice. Before Acktivate will terminate any account for lack of payment. Acktivate will send no less than 2 payment request emails to the account holder. Acktivate will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
Acktivate reserves the right to refuse service at its discretion. Acktivate will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.
Users may not initiate the following:
- Use 5% or more of system resources (This included CPU and memory) There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. If this clause is breached, it will trigger an auto kill failsafe mechanism on the server which will auto suspend the violating account.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are permitted.
- c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Offer services to third parties that are run off of Acktivate’s servers.
- Run any gaming servers or games scripts for single or multi-player games.
- Run an email server offering free or paid email accounts to the general public. Example: Hotmail, Yahoo Mail, Gmail, etc.
- Operate an online radio and or movie service that uses our servers.
11.4) SSH, Root and Shell Access
We do not permit Shell, Telnet, SSH or root access to any of our servers.
We reserve the right to change prices listed on Acktivate, and the right to increase the amount of resources given to plans at any time. You will be notified of any price or cost increases prior to their implementation.
12.1) Auto Rebilling
For your convenience your Acktivate account will auto rebill on a monthly or annually basis, (depending on which billing package you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 2 calendar days, but not less than 48 hours before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, will result in your account being rebilled and you agree to hold harmless and indemnify Acktivate from any and all claims of wrongful billing.
13a) Customer agrees that it shall defend, indemnify, save and hold Acktivate harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney’s fees asserted against Acktivate, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Acktivate against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Acktivate; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from an Acktivate server.
13b) IF LAWSUIT(S) ARE THREATENED AGAINST Acktivate. If we are sued or threatened with lawsuit in connection with Service(s) provided to you, you agree to indemnify us and to hold us harmless from the claims and expenses (including, but not limited to, attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
Acktivate will not be responsible for any damages your business may suffer. Acktivate makes no warranties of any kind, expressed or implied for services we provide. Acktivate disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majeure and any and all service interruptions caused by Acktivate and its employees.
Acktivate reserves the right to revise, alter and update the above TOS without notice at any time at its sole discretion and can apply any and all changes and updates retroactively.
