All users of Tarika Technologies' services, and all customers upon signing up for Tarika Technologies'
services, agree to comply with Tarika Technologies' Terms of Use ("TOU"). The spirit of the
TOU is to ensure customers are using Tarika Technologies' services with due regard to the rights
of other Internet users and in conformity with the requirements of Tarika Technologies' network
environment. The TOU are not exhaustive and Tarika Technologies reserves the right to add, delete,
or modify any provision of its TOU at any time without notice, effective upon either
the posting of the modified TOU to
www.tarikatechnologies.com or notification of the modified
TOU. Any complaints about a customer's violation of the TOU should be sent to
abuse@tarikatechnologies.com.
The TOU supersedes any other agreement with Tarika Technologies, whether written, oral, by conduct,
or otherwise.
A. Tarika Technologies Web Hosting & Ecommerce Customer Restrictions
B. Tarika Technologies Dedicated Server Customer Restrictions
C. All Tarika Technologies Customer Terms of Use
D. All Tarika Technologies Customer Billing Policy
A. Tarika Technologies Web Hosting & Ecommerce Customer Restrictions
The following Terms of Use apply only to Tarika Technologies' Web Hosting and Ecommerce customers,
and supplement the terms in sections C and D that apply to all Tarika Technologies customers:
Server Resources
Any Website that uses a high amount of server resources (such as, but not limited
to, CPU time, memory usage, and network resources) will be given the option to either
pay additional fees (which will depend on the resources required), reduce the resources
used to an acceptable level, or upgrade its service to a Dedicated Server plan.
Tarika Technologies will be the sole arbiter of what is considered to be a high server usage
level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per
account. Each block of 5,000 files after the initial 5,000 will incur an additional
charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely
affecting server performance or network integrity will be shut down without prior
notice.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads a server or
disrupts service to Tarika Technologies' customers. The term "spamming" also includes, but
is not limited to, maintaining an open SMTP policy, engaging in spamming using the
service of another ISP or IPP and referencing in the spam a Web site hosted on a
Tarika Technologies server, and selling or distributing software (on a Web site residing on
a Tarika Technologies server) that facilitates spamming. Violators will be assessed a minimum
fine of $200 and will face immediate suspension. Tarika Technologies reserves the right to determine,
in its sole and absolute discretion, what constitutes a violation of this provision.
CGI Scripts
Any scripts that pose a potential security risk or are deemed to be
adversely affecting server performance or network integrity will be shut down or
will be automatically removed without prior notice. Tarika Technologies does not permit CGI
script sharing with domains not hosted by Tarika Technologies or any scripts that may be abused
for UCE purposes.
Chat Rooms
Tarika Technologies does not allow Web Hosting and Ecommerce customers
to install their own chat rooms. Chat rooms tend to require significant system resources
and therefore cannot be permitted as an account option. However, for a small charge,
Tarika Technologies provides Java chat rooms that meet most users' needs and run without hindering
system performance.
Background Running Programs and Cron Jobs
Tarika Technologies may allow
programs to run in the background. These programs will be considered on an individual
basis and Web Hosting and Ecommerce customers will incur extra charges based on
system resources used and operational maintenance needed. If you wish to run background
programs please contact Tarika Technologies at
support@tarikatechnologies.com so that we can arrange set-up.
IRC
Tarika Technologies does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce
customers.
Software Distribution
Tarika Technologies' Web Hosting and Ecommerce accounts are
not configured for the purposes of distributing software and/or multimedia products.
If you wish to distribute software and/or multimedia files, please contact
sales@tarikatechnologies.com
to make special arrangements.
Multimedia Files
Multimedia files are defined as any
graphics, audio, and video files. Tarika Technologies Web Hosting and Ecommerce accounts are
not to be used for the purposes of distributing and storing unusual amounts of multimedia
files. Any Web site whose disk space usage for storing multimedia files exceeds
70% of its total usage, in terms of total size or number of files, will be considered
to be using an unusual amount of multimedia files.
Databases
Any database stored
on Tarika Technologies' Web Hosting and Ecommerce servers will be limited in size to 10% of
the total disk space allotted for that particular domain's plan/web hosting account.
B. Tarika Technologies Dedicated Server Customer Restrictions
The following Terms of Use apply only to Tarika Technologies' Dedicated Server customers, and
supplement the terms in sections C and D that apply to all Tarika Technologies customers:
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers
under customer control. If a customer's server is involved in an attack on another
server or system, it will be shut down and an immediate investigation will be launched
to determine the cause/source of the attack. In such event, the customer is responsible
for the cost to rectify any damage done to the customer's server and any other requirement
affected by the security breach.
IRC
Tarika Technologies allows Dedicated Server customers the
use of IRC inside the Tarika Technologies network as long as the use of IRC on a Tarika Technologies server
does not violate any of the other terms of these TOU. As a policy, Tarika Technologies will
not provide vanity IRC reverse DNS records. To enforce this policy Tarika Technologies does
not turn the reverse address of IPs over to the customer. Authority over this information
remains with Tarika Technologies.
Billing for Network Resources
The customer understands that
the customer is responsible for paying for any network resources that are used to
connect the customer's server to the Internet. The customer may request that the
customer's server be disconnected from the Internet, but the customer will still
be responsible for paying for any network resources used up to the point of suspension
or cancellation.
C. All Tarika Technologies Customer Terms of Use
The following Terms of Use apply to ALL Tarika Technologies customers
Tarika Technologies Services
Tarika Technologies' services include, but are not limited to:
-
Any act of preparing, setting up, connecting, maintaining,
terminating, or reconnecting customers' account (including all billing data and
the space on the particular Web server that Tarika Technologies provides to customers);
- Any use by customers, or any access provided to customers by Tarika Technologies, of computing,
telecommunications, software, information, hardware, and equipment;
- Any act, or provision of any service, by Tarika Technologies to customers, related to Web hosting and domain
name registrations (including server usage and technical support), regardless of
duration and whether paid for or not;
- Any provision by Tarika Technologies to customers, of
any space, Internet connectivity, or electrical power;
- Any access or use related
to the Tarika Technologies' Web site, including the Web site itself;
- Any other service mentioned
in the TOU;
- Any other service provided by Tarika Technologies to customers, whether used or not;
- Any other Tarika Technologies services that are used by customers, whether offered or provided
by Tarika Technologies to customers.
Ownership of Web Site
The legal owner of customers'
Web sites and accounts with Tarika Technologies will be the individual or organization whose
name is listed in Tarika Technologies' database as the owner. Customers will fully cooperate
with and abide by any and all of Tarika Technologies's security measures and procedures in the
event of any dispute over ownership of customers' Web sites and accounts with Tarika Technologies.
Illegal Use
Tarika Technologies servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or material in violation of any
applicable law or regulation, or that may directly facilitate the violation of any
particular law or regulation is prohibited. This includes, but is not limited to:
copyrighted material; trademarks; trade secrets or other intellectual property rights
used without proper authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws. Additionally, in purchasing
Tarika Technologies services, all Tarika Technologies customers certify that they and/or the organization
they represent in procuring services from Tarika Technologies are not, nor have been designated,
a suspected terrorist as defined in Executive Order 13224; are not owned or controlled
by a 'suspected terrorist' as defined in Executive Order 13224; and are not on,
are not a member of, related to, associated with, or controlled by any organizations
on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known
as "spamming") is prohibited, regardless of whether or not it overloads a server
or disrupts service to Tarika Technologies' customers. The term "spamming" also includes, but
is not limited to, maintaining an open SMTP policy, engaging in spamming using the
service of another ISP or IPP and referencing in the spam a Web site hosted on a
Tarika Technologies server, and selling or distributing software (on a Web site residing on
a Tarika Technologies server) that facilitates spamming. Violators will be assessed a minimum
fine of US$200 and will face immediate suspension. Tarika Technologies reserves the right to
determine, in its sole and absolute discretion, what constitutes a violation of
this provision.
System and Network Abuse
Violations of system or network security
are prohibited and may result in criminal and civil liability. Examples of system
or network security violations include, without limitation the following: unauthorized
access to or use of data, systems or networks, including any attempt to probe, scan
or test the vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network; interference
with service to any user, host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast attacks; forging
of any TCP-IP packet header or any part of the header information in an email or
a newsgroup posting.
Viruses and Other Destructive Activities
Use of Tarika Technologies' services
or equipment for creating or sending Internet viruses, worms or Trojan horses, or
for pinging, flooding or mail bombing, or engaging in denial of service attacks
is prohibited. It is also prohibited for any customer to engage in other activity
that is intended to disrupt or interfere with, or that results in the disruption
of or interference with, the ability of others to effectively use Tarika Technologies' services
and equipment (or any connected network, system, service or equipment) or conduct
their business over the Internet.
Copyright Violations
The Digital Millennium Copyright
Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the
Internet. All Tarika Technologies customers are subject to the requirements of the DMCA. Individuals
or entities submitting notifications of copyright infringement by a Tarika Technologies customer
(per the DMCA) to Tarika Technologies must follow the below procedures. Copyright infringement
notifications submitted to Tarika Technologies according to these procedures will be processed
within 21 days of receipt. Customers who are the subject of a DMCA notification
that meets the below criteria may be subject to account termination at Tarika Technologies'
sole discretion.
DMCA Copyright Infringement Notification Requirements
• Signature
of the copyright owner or a person authorized to act on the copyright owner's behalf
(the "Claimant").
• Identification of the copyrighted work(s) claimed to have been
infringed.
• Identification of the material claimed to infringe the copyright(s),
and enough information for Tarika Technologies to locate it including URLs and specific descriptions
of the infringing material at each URL.
• The Claimant's name, address, and telephone
number(s).
• A statement that the Claimant has a good faith belief that use of the
disputed material is not authorized by the copyright owner or his agent.
• A statement,
under penalty of perjury, that the information in the notification of copyright
infringement is accurate and that the Claimant is authorized to act on behalf of
the copyright owner.
• Mail the notification to:
Tarika Technologies
Adult Content
Pornography and sex-related merchandising are prohibited on Tarika Technologies servers. This
includes sites that may infer sexual content or provide links to adult content elsewhere.
This is also true for sites that promote any illegal activity or content that may
be damaging to our servers or any other server on the Internet, or provide links
to such sites.
Child Pornography
The use of Tarika Technologies' services to store, post, display,
transmit, advertise or otherwise make available child pornography is prohibited.
Tarika Technologies is required by law, and will, notify law enforcement agencies when it becomes
aware of the presence of child pornography on, or being transmitted through, its
services.
Privacy
Tarika Technologies is concerned with the privacy of on-line communications
and Web sites. In general, the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised. As a matter of prudence,
however, Tarika Technologies urges its customers to assume that all of their on-line communications
are insecure. Tarika Technologies cannot take any responsibility for the security of information
transmitted over Tarika Technologies' facilities. Additional details on privacy and Tarika Technologies'
use of customer information can be found in Tarika Technologies' Privacy Statement located
here .
Customer Responsibility
Customers are required to use the Tarika Technologies network
responsibly. This includes respecting the other customers of Tarika Technologies. Tarika Technologies reserves
the right to suspend and/or cancel service with any customer who uses the Tarika Technologies
network in such a way that adversely affects other Tarika Technologies customers. While Tarika Technologies
may monitor its service electronically to determine that its facilities are operating
satisfactorily, as a general practice, Tarika Technologies does not monitor its customers' communications
or activities to determine whether they are in compliance with the TOU. However,
when Tarika Technologies becomes aware of any violation of the TOU or other user agreements,
Tarika Technologies may take any action to stop or correct such violation, including, but not
limited to, denying access to Tarika Technologies' services and equipment or to the Internet.
In addition, Tarika Technologies may take action against a customer or a customer of such customer
because of the activities of such customer. Tarika Technologies anticipates that customers who
offer Internet services will cooperate with Tarika Technologies in any corrective or preventive
action that Tarika Technologies deems necessary. Failure to cooperate with such corrective or
preventive measures is a violation of Tarika Technologies policy and Tarika Technologies reserves the right
to take any such action even though such action may affect other customers of the
Tarika Technologies customer.
Actions Taken by
Tarika Technologies The failure by a customer to meet or
follow any of the TOU is grounds for account deactivation. Tarika Technologies will be the sole
arbiter as to what constitutes a violation of the TOU. Tarika Technologies reserves the right
to remove any account without prior notice and to refuse service to anyone at any
time. When Tarika Technologies becomes aware of an alleged violation of its TOU, Tarika Technologies will
initiate an investigation. During the investigation, Tarika Technologies may restrict a customer's
access in order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, Tarika Technologies may, at its sole discretion, restrict,
suspend, or terminate a customer's Web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, Tarika Technologies will notify the appropriate
law enforcement authorities of such violation. An unlisted activity may also be
a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive
use of the Internet. Tarika Technologies does not issue credits for outages incurred through
service disablement resulting from TOU violations. Violators of the policy are responsible,
without limitations, for the cost of labor to rectify any damage done to the operation
of the network and business operations supported by the network, and to respond
to complaints incurred by Tarika Technologies.
Indemnification
Tarika Technologies customers agree to protect,
defend, hold harmless, and indemnify Tarika Technologies, any third party entity related to
Tarika Technologies (including, without limitation, third party vendors), and Tarika Technologies' executives,
directors, officers, attorneys, managers, employees, consultants, contractors, agents,
parent companies, subsidiaries, and co-subsidiaries with the same parent company
as Tarika Technologies, from and against any and all liabilities, losses, costs, judgments,
damages, claims, or causes of actions, including, without limitation, any and all
legal fees and expenses, arising out of or resulting in any from the customer's
use of Tarika Technologies' services.
Disclaimer
The Tarika Technologies service is provided on an as is,
as available basis without warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness for a particular purpose
or non-infringement. Tarika Technologies expressly disclaims any representation or warranty
that the Tarika Technologies service will be error-free, secure or uninterrupted. No oral advice
or written information given by Tarika Technologies, its employees, licensors or the like, will
create a warranty; nor may you rely on any such information or advice. Tarika Technologies and
its partners and suppliers will not be liable for any cost or damage arising either
directly or indirectly from any transaction or use of the service. Termination for
Bankruptcy or Insolvency If a customer becomes insolvent or any bankruptcy petition
is filed by the customer, or any third party against the customer, Tarika Technologies may immediately
terminate provision of Tarika Technologies' services to the customer without prior notice or
penalty. Such customer consents to the grant of relief from any automatic stay of
proceedings against Tarika Technologies in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY,
WILL Tarika Technologies (INCLUDING, WITHOUT LIMITATION, Tarika Technologies' EXECUTIVES, DIRECTORS, OFFICERS,
ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES,
SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Tarika Technologies, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING Tarika Technologies' SERVICES, BE LIABLE FOR THE LOSS
OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES
INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Tarika Technologies SERVICES, OR ANY OTHER LOSS
OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE,
ANY Tarika Technologies SERVICES EVEN IF Tarika Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Tarika Technologies' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD
PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Tarika Technologies' SERVICES, INCLUDING,
WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Tarika Technologies OR
Tarika Technologies' REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED
TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES
WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH
PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Tarika Technologies may discontinue, upgrade, replace, modify, or change in any
way, without limitation, any software, application, program, data, hardware, equipment,
or portions or components thereof, used to provide customers with Tarika Technologies' services.
Certain changes to Tarika Technologies' services may affect the operation of customers' personalized
applications and content. Each customer is solely responsible, and Tarika Technologies is not
liable, for any and all such personalized applications and content, except as expressly
agreed to by Tarika Technologies.
Backup of Data
Except where Tarika Technologies has expressly agreed in
writing to the contrary, customers are solely and entirely responsible, and Tarika Technologies
is in NO way responsible, for the management and backup of all customer data, and
all updates, upgrades, and patches to any software that customers use in connection
with Tarika Technologies services.
Third Party Licenses
Tarika Technologies makes a reasonable effort to
provide customers with technologies, developments, and innovations (collectively
"Technologies"), part of which may be licensed, or co-branded, from or by, third
party entities. However, Tarika Technologies makes NO warranty of any kind, either express or
implied, regarding the quality, accuracy, reliability, validity, or continued existence
of any or all aspects of such Technologies. Moreover, Tarika Technologies specifically disclaims
all warranties of merchantability and fitness for a particular purpose for such
Technologies. Furthermore, no customer will hold Tarika Technologies liable in any way for the
revocation of any license, which has been licensed to Tarika Technologies. The use of the Technologies
obtained from or through Tarika Technologies, or any other referred third party, whether directly
or indirectly, is at the sole risk of customers.
Non-Tarika Technologies Products 25
Any mention
of non-Tarika Technologies products by Tarika Technologies, its employees, or any third party entity related
to Tarika Technologies is for information purposes only and does not constitute an endorsement
or recommendation by Tarika Technologies. Tarika Technologies disclaims any and all liabilities for any
representation or warranty made by the vendors of such non-Tarika Technologies products or services
Tarika Technologies' Intellectual Property
Customers will not, without Tarika Technologies' express written
consent, copy, reproduce, republish, or otherwise use any material, in whole or
in part, that is located on Tarika Technologies' Web site, and customers will not use any of
Tarika Technologies' trademarks, service marks, copyrighted materials, or other intellectual
property without Tarika Technologies' express written consent. Customers will not, in any way,
misrepresent their relationship with Tarika Technologies, attempt to pass themselves off as
Tarika Technologies, or claim that customers are Tarika Technologies.
Assignment
Customers may not assign
or delegate their rights or obligations under the TOU or other agreement for Tarika Technologies'
services, either in whole or in part, without the prior written consent of Tarika Technologies.
Minimum Age Requirement
Tarika Technologies customers must be at least 18 years of age. Any
individual under the age of 18 years ("Minor") must have a parent or guardian accept
the TOU in order for the Minor to become a Tarika Technologies customer. A parent or guardian
who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete
and proper compliance with the TOU, including the timely and full payment of the
charges for Tarika Technologies services, and such primary liability will continue even when
the Minor has attained the age of 18, unless the parent or guardian obtains Tarika Technologies'
express written consent to the contrary. Any acceptance of the TOU or any other
agreement for Tarika Technologies' services will be deemed null and void to the extent that
Tarika Technologies will not be liable in any way as a result of the Minor's age or legal incapacity
or the Minor's use of Tarika Technologies' services.
Governing Law and Severability
The TOU,
and any other agreement for Tarika Technologies services, will be governed by and construed
in accordance with the laws of the State of Illinois , USA without reference to
its conflicts of laws principles. Any litigation or arbitration between a customer
and Tarika Technologies will take place in Illinois , and the customer will consent to personal
jurisdiction and venue in that jurisdiction. If any provision or portion of the
TOU or other Tarika Technologies agreement is found by a court of competent jurisdiction to
be unenforceable for any reason, the remainder of the TOU or the agreement will
continue in full force and effect.
Force Majeure
Tarika Technologies will not be liable for
delays in its performance of the TOU or Tarika Technologies services caused by circumstances
beyond Tarika Technologies' reasonable control, including acts of God, wars, insurrection,
civil commotions, riots, national disasters, earthquakes, strikes, fires, floods,
water damage, explosions, shortages of labor or materials, labor disputes, transportation
problems, accidents, embargoes, or governmental restrictions (collectively "Force
Majeure"). Tarika Technologies will make reasonable efforts to reduce to a minimum and mitigate
the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein,
lack of finances will not be considered an event of Force Majeure nor will any event
of Force Majeure suspend any obligation of customers for the payment of money due.Waiver
and AmendmentAny waiver, modification, or amendment of any provision of the TOU
or other agreement for Tarika Technologies services, initiated by a customer, will be effective
only if accepted in writing and signed by an authorized representative of Tarika Technologies.
Independent Contractors
Nothing in this Agreement will be construed as creating
a partnership or relationship of employer and employee, principal and agent, partnership
or joint venture between Tarika Technologies and its customers. Each of Tarika Technologies and its customers
will be deemed an independent contractor at all times and will have no right or
authority to assume or create any obligation on behalf of the other, except as may
be expressly provided herein.
Construction and Interpretation
Wherever in this TOU
the masculine, feminine, or neuter gender is used, it will be construed as including
all genders, and wherever the singular is used, it will be deemed to include the
plural and vice versa, where the context so requires. The division of the TOU into
sections/paragraphs, and the insertion of headings/captions, are for convenience
of reference only and will not affect the construction or interpretation of the
TOU. Any rule of construction to the effect that any ambiguity is to be resolved
against the drafting party will not be applicable in the construction or interpretation
of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific
agreement for Tarika Technologies services, constitutes the complete understanding and agreement
between Tarika Technologies and its customers. Except when expressly agreed to the contrary
in signed writing by an authorized representative of Tarika Technologies, the TOU supersedes
any other written (including digitized/computerized) agreement, oral agreement,
and/or agreement by conduct. This TOU, and/or any other specific agreement for Tarika Technologies
services is between Tarika Technologies and its customers only and will not confer any rights
in any third party except as otherwise expressly provided by Tarika Technologies.
D. All Tarika Technologies Customer Billing Policy
The following Terms of Use constitute Tarika Technologies' Billing Policy and apply to ALL
Tarika Technologies customers
Payments
All charges are shown in US Dollars.
Payments are to be made in US dollars. Tarika Technologies accepts the following types of payment:
Check or Money Order
Credit Card (VISA, MasterCard, American Express, Discover)
Bank WireTransfer PayPal
All payments are due on the Account Statement Date. The
Account Statement Date is the monthly anniversary of the date the account was activated.
If you provide Tarika Technologies your credit card information, you authorize Tarika Technologies to automatically
charge your credit or debit card for charges that apply to your account. Recurring
charges will be posted to your credit card until such time that you cancel your
account in accordance with Tarika Technologies' Billing Policy in the TOU. Charges subsequent
to your initial order will accumulate in your account until such charges exceed
$9.95. Tarika Technologies will then automatically charge your credit card on the next Account
Statement Date. You are responsible for directly updating, or notifying Tarika Technologies,
of any changes to your credit card (including, but not limited to card number, expiration
date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within
ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended.
All past due and unpaid balances are subject to collection. In the event of collection,
you will be liable for costs of collection including attorney's fees, court costs,
and collection agency fees.
Billing Cycles (Terms)
Tarika Technologies offers three Billing
Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12
months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited
to the monthly Billing Cycle for all of their charges. Non-credit card payment methods
are limited to Annual or Quarterly Billing Cycles.
You may elect to change your
Billing Cycle at any time; however, the new Billing Cycle will only take effect
at the time of the next plan renewal.
All additional features added to an account
are charged monthly. Additional items are non-refundable.
Account Renewals
In order
to insure uninterrupted service to your website, all plans will automatically renew
at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing
rate on the date of renewal according to the service selected. Plans are renewed
for the same billing cycle. If you wish to cancel your plan before plan renewal,
please refer to the Cancellation section below.
Important Notice Domain name registrations
and Web hosting accounts are handled by separate entities. In the event you need
to cancel, you must specify whether you would like to cancel your domain name only,
your Web hosting plan only, or both your domain and hosting accounts. The cancellation
or expiration of your domain name does not automatically terminate your hosting
account (or vice versa). Your hosting account billing term automatically renews
upon its completion, unless you notify Tarika Technologies that you would like to cancel your
account.
Statements
Tarika Technologies does not mail paper invoices or statements. Statements
can be viewed and printed through SiteControl. Customers may elect to receive their
monthly account billing statement via email. This option may be selected in SiteControl.
Fees
Returned (NSF) Checks
Tarika Technologies charges a $25.00 fee for returned (NSF) checks.
Customers that issue an NSF check will be required to submit future payments with
a certified check or money order.
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received
by Tarika Technologies.
Bank Wire
Payments
Tarika Technologies does NOT charge fees for accepting payment via bank wire, however,
international wire transfers may be assessed a $20.00USD processing fee by an intermediary
bank in New York . In addition, your issuing bank may also charge a fee for sending
the wire. Please add these fees to the amount that you are sending to Tarika Technologies or
the amount credited to your account will be less than your intended payment.
Reactivation
Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation
fee. A $99.95 fee will be assessed if Tarika Technologies restores your data files to your reactivated
account.
Hosting Plan Changes
Customers electing to change to a lower priced hosting
plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade
fee for upgrading to a higher priced plan, however, you will be charged any difference
between the setup fee applicable to your new and former plans.
Platform Change
Customers
that elect to change plans to a different operating system platform will be charged
a $19.95 platform change fee.
Account Splits and Mergers
Tarika Technologies encourages customers
to merge hosting plans contained in two or more accounts into one account. There
is no fee for this service. Customers may also request that Tarika Technologies separate one
or more plans contained under one account into separate accounts. The fee for this
service is $19.95 for each new account created and is charged to the new account.
Please direct all requests for these services to:
billing@tarikatechnologies.com.
Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel
service, you must contact Tarika Technologies' Customer Relations Team, Monday through Friday,
9:00 A.M. to 7:00 P.M. Central Time, at (1-888-255-0151). Tarika Technologies' Customer Relations
Specialists will assist you with the cancellation process. Please be aware that
there are no pro-rated refunds after the first 30 days of service. Non-US customers
may contact Tarika Technologies' Billing Team via email at
billing@tarikatechnologies.com.
Cancellation
requests must be received by Tarika Technologies a minimum of thirty (30) days prior to the
end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days
prior to the end of your Billing Cycle for all other plans. Cancellations submitted
later than this time may result in automatic renewal of your hosting plan. Cancellations
become effective on the day processed by Tarika Technologies. Tarika Technologies is unable to cancel your
account effective for a future date. Tarika Technologies will confirm the cancellation request
when it is processed. If you do not receive a confirmation, please contact Tarika Technologies
as soon as possible.
Tarika Technologies does not monitor, and will not automatically cancel,
plans for problems related to domain name transfers, non-usage, Internic, your ISP,
or any other secondary issues not directly related to Tarika Technologies' services. Cancellation
of services does not relieve the customer from paying any outstanding balance owed
on the account. Tarika Technologies Corporation reserves the right to cancel any account, at
any time, without notice, for any reason Tarika Technologies Corporation considers appropriate.
30-Day Money Back Guarantee Each of Tarika Technologies' shared hosting plans carries a 30-day
unconditional money back guarantee. If you are not completely satisfied with our
services or support within the first 30 days, you will be given a full refund of
the fees paid in advance (excluding setup fees) upon plan cancellation. The following
services do not qualify for the 30 Day Money Back Guarantee: additional items and
services; domain name registration; dedicated servers; items and services ordered
through the reseller program; domain parking plus; and overage fees.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds
will be provided in the same payment method of the original payment. There are no
refunds offered or promised after 30 days.
Credit Card Disputes/Chargebacks
Tarika Technologies
has a zero tolerance policy for chargebacks. Any customer who disputes a credit
card payment is subject to a fine, suspension and account termination at Tarika Technologies'
discretion. A charge of $25.00 per chargeback will be assessed to all accounts that
receive a chargeback.
Billing/Price Changes
Tarika Technologies's policies and prices are subject
to change without notice. Any price changes become effective in the next billing
cycle.