Legal

Terms of Use & AUP Agreement

Our AUP (Acceptable use Policy) and TOS (Terms of Service) policies are provided to give our customers and users a clear understanding of what Tikier Hosting expects of them while using the service. To all users of Tikier Hosting Internet services; Those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP (Acceptable use Policy) and our TOS (Terms of Service). Use of Tikier Hosting Service constitutes acceptance and agreement to Tikier Hosting AUP as well as Tikier Hosting TOS. We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Tikier Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your Tikier Hosting account(s). This document is intended to provide a basic understanding of Tikier Hosting AUP. The following are guidelines for the establishment and enforcement of Tikier Hosting AUP:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users Tikier Hosting intends to provide its customers access to everything the Internet has to offer.

While Tikier Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Tikier Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of the Tikier Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use our service to publish material, which Tikier Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If an Tikier Hosting service is used to violate the AUP or our TOS, we reserve the right to terminate your service. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at Tikier Hosting.

Domains

Any Domains that are purchased by Tikier Hosting are owned by the Tikier Hosting. If at anytime a client wishes to leave Hosting provided by Tikier Hosting, Tikier Hosting may transfer the Domain to the Clients Name. As long as a Client is using the Services of Tikier Hosting, the Domain will renew for Free every year (UK Domains 2 Years). If a client has a domain, but is no longer using the Services of Tikier Hosting, they must renew the Domain themselves. Tikier Hosting reserves the right to deny transfering Domains to any client at anytime. For the Domain to be transfered to the client, the client must be a client for atleast one month. The Price of the Domain will then be deducted from the Monthly Bill, and the client will have to pay the rest (if necesary).

VIOLATIONS OF Tikier Hosting TERMS OF SERVICE

• Pirated Software
• Fake Contact Information / Information that does not match method of payment information.
• Sharing Account information with third parties. - Meaning one account per customer, no sharing accounts.
• Using a Proxy to register with our Services.
• Bulk email / spam related products
• Illegal pornography / nudity
• Illegal adult content
• Illegal material or material that is against public policy
• Content or links to sites that are detrimental to public policy, health and welfare
• Abuse our staffs of any kind
• Run any type of web spider or indexer on shared servers

Scripts:The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

• IRC egg drops
• Proxy servers
• Mail bombers
• Anonymous mailers
• IP spoofers
• Port scanners
• Hivemail
• Telnet or SSH Access Scripts
• nph-proxy (and other scripts what operates like proxy)
• UBB (Ultimate Bulletin Board, all versions)
• lstmrge.cgi
• phpShell
• FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

Background Running Programs:Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC: We currently do not allow IRC or IRC bots to be operated on our servers.

VIOLATIONS OF Tikier Hosting ACCEPTABLE USE POLICY

• Illegal use: Tikier Hosting services may not be used for illegal purposes, or in support of illegal activities. Tikier Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
• Harm to minors: Use of the Tikier Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
• Threats: Use of the Tikier Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. • Harassment: Use of the Tikier Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
• File backup: The users are responsible for files in their hosting account. So they must backup their important files in local pc, If your account is terminated / suspended because of breaking our TOS, then we can not provide you your files. So all users are requested to take their account's backup at least once in a week. We are NOT responsible for any file loss / modifications in your account due to hacking / illegal activity problems.
• Fraudulent activity: Use of Tikier Hosting service to make fraudulent offers to sell or buy products, items, or services.
• Fcomery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using fcomed headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Tikier Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Tikier Hosting account.
• E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Tikier Hosting account.
• E-mail / Message Fcoming: Fcoming any message header, in part or whole, of any electronic transmission, originating or passing through the Tikier Hosting service is in violation of this AUP.
• Usenet Spamming: Tikier Hosting has a zero tolerance policy for the use of its network 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.
• Unauthorized access: Use of the Tikier Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Tikier Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Tikier Hosting account is subject to immediate termination. Accessing shell without permission is prohibited and may cause the account suspension.
• Copyright or trademark infringement: Use of the Tikier Hosting service 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.
• Collection of personal data: Use of the Tikier Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Network disruptions and unfriendly activity: Use of the Tikier Hosting service for any activity which affects the ability of other people or systems to use Tikier Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account Tikier Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
• Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
• 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.
• Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
• Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Tikier Hosting services could result in suspension service.
• Third Party Accountability: Tikier Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
• Violation Of Tikier Hosting Virtual Accounts: It is absolutely forbidden to host illegal pornographic content. Accounts found hosting this material will be subject to immediate cancellation without refund.
• Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps 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.
• Other: Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
• Other: You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• Other: You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• Other: You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

REPORTING VIOLATIONS OF Tikier Hosting AUP & TOS

Tikier Hosting requests that anyone who believes that there is a violation of this AUP & TOS to direct the information to the Abuse Department at Tikier Hosting If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

Tikier Hosting may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings
• Suspend the Member's account
• Terminate the Member's account
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Users who violate systems or network security may incur criminal or civil liability. Tikier Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Tikier Hosting reserves the right to suspend/close any accounts with/without any prior notice or at their discretion.

Warnings

If we find you breaking any of these rules listed, you will get 1 warning. After that, if you break the same rule again, we will terminate your site immediately!

When applying for Web Hosting, User's must fillout Valid Contact Information to prevent fraud. This includes having method of payments match the client information provided at sign up. Fail to doing so may lead to suspension of account until information is updated, or termination of account without refund.

Changing the Terms of Service

At any time, Tikier Hosting reserves the right to edit, modify, or delete any content of the TOS and AUP at anytime without notice. To ensure your safety, we suggest that you read the TOS and AUP to ensure it still meets your approval.