Terms of Service
This Terms of Service (“Agreement”) is a legally binding contract between Sharkol LLC (“Sharkol”) and you (“Customer”, “Client”, “you”, or “your”) that shall govern the purchase and use, in any manner, of the services (collectively “Services”) provided by Sharkol to Customer.
By purchasing and/or using the Services in any manner, you acknowledge that you have read, understand, and agree to all terms and conditions, including all policies and guidelines, set forth in this Agreement. You also agree that are you are at least eighteen (18) years of age and have the legal ability to engage in a contract in the State of Georgia.
1. Terms of Agreement
This Agreement becomes effective immediately when Customers clicks on “I Agree” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of Sharkol, or by the posting by Sharkol of a revised version.
The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
Sharkol agrees to provide to Customer the Services according to the plan selected by Customer upon submitting the order form and in exchange for payment of fees and full compliance with this Agreement. Customer agrees to provide real, current and accurate information, including a valid and current email address, at all times. Customer is responsible for maintaining the confidentiality and security of their account and passwords. Customer is solely responsible for all activities that occur under their account and for any loos, theft, or other destruction of any data as the result of any access to their account via the use of their account information, whether or not actually or expressly authorized by Customer. The individual or entity set out in Sharkol records as the primary billing contact shall be the owner of the account.
3. Payments and Billing
All payments are automatically billed for renewal to the payment method on file by Sharkol on the first day of each billing term. “Billing Term” is the period of time Customer has chosen to receive bills for the Services. Billing term may be monthly, annually, or biannually. It is Customers obligation to ensure that reoccurring fees are paid on their due date and that all billing information on file with Sharkol is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. It is Customers sole responsibility for any and all fees charges to their payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. Sharkol screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is fully completed. Sharkol has no liability for the failure to provide Services, including third party services, if Customer’s account fails fraud screening.
4. Refund Policy and Billing Disputes
All Services provided by Sharkol are non-refundable. This includes, but is not limited to, setup fees, one time fees, monthly Service fees, upgrade fees, additional Service fees, administrative fees, and late payment fees. Customers seeking to resolve billing errors are instructed to open a billing ticket in the account center located at www.sharkol.com/clients/.
If Sharkol receives a chargeback a $45 chargeback fee, plus any outstanding balances accrued as a result of the chargeback must be paid in full before service is restored. Sharkol reserves the right to immediately suspend any account, without notice, should a chargeback or payment dispute be received from a credit card company, bank, or PayPal.
6. Late Fees
Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Sharkol reserves the right to suspend your Service(s) and to charge a late payment fee of $10. Thirty (30) days following suspension of Services for non-payment, Sharkol reserves the right to terminate Service(s) for non-payment. Sharkol is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. Sharkol also reserves the right to refuse to re-activate your Service(s) until any and all outstanding invoice(s) have been paid in full.
7. Cancellation of Services
Sharkol requires a five (5) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of Service(s). Failure to supply the requisite five (5) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. To reduce the likelihood of error and ensure security of your account, notice of written cancellation is preferred through the account center which is located at https://www.sharkol.com/clients/. Notice of cancellation can also be mailed to: Sharkol, P.O. Box 335, Lilburn, GA 30048. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
8. Refusal of Service
Sharkol reserves the right to refuse service to anyone at any time. Any material that, at Sharkol’s sole discretion, is obscene, illegal, threatening, or violates Sharkol’s terms of service in any manner may be removed from Sharkol’s servers with or without notice. Sharkol reserves the right to cancel, suspend, or otherwise restrict access to its Services provided at any time, for any or no reason, and with or without notice. Sharkol is not responsible for any damages or loss of data resulting from such suspension or termination. Sharkol reserves the right to suspend or terminate, without refund, Customer’s account in the event that any manner of communication with Sharkol’s staff is found to be interpreted as abusive, threatening, rude, attacking, or vulgar.
9. Server Abuse & System Resources
Sharkol reserves the right to suspend or terminate any account that, at its sole discretion, utilizes an excessive or unacceptable amount of system resources, unless customer upgrades the account or significantly reduces resource usage. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
10. Disk Space and Bandwidth Usage
Customer agrees not to exceed the maximum amount of bandwidth or disk space assigned for their hosting account. Sharkol shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the assigned amount. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Sharkol’s sole and absolute discretion. Sharkol may, at its sole discretion, restrict, suspend, or terminate Customer’s account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth and disk space overage is billed at $1.50 per gigabyte (GB) over the assigned amount.
11. Service Modifications
Sharkol reserves the right to add, modify, or remove any or all features from any Service Sharkol provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain name limits, pricing, and third party applications.
12. Uptime Guarantee
Sharkol guarantees network and server up-time of 99.9% of the time in any given calendar month. If Sharkol fails to meet its up-time guarantee, Customer will be issued a credit equivalent to one (1) day of service per thirty (30) minutes of downtime. The first thirty (30) minutes of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
Credits are only available for future services/invoices and cannot be issued as refunds; the up-time guarantee extends no further. For up-time credit requests, please submit a ticket to support by logging into your Sharkol account at www.sharkol.com/clients/, or send an email to email@example.com. All credits are at the discretion of Sharkol, and Sharkol reserves the right to require proof of downtime.
The following circumstances are not eligible for credit and are specifically excluded from our Up-time Guarantee; scheduled maintenance, customer behavior or customer applications, hardware failure, backbone provider failures, restoration of backups, movement of accounts, issues resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, DNS or Registrar issues with the Customer’s domain name, Customer reaching maximum allocated resource limits, or any other circumstance where Sharkol has no influence or control.
13. Support Policy
Sharkol is dedicated to providing customers excellent support service twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. Official method for technical support is available only via Sharkol’s help desk as www.sharkol.com/clients/. Any issues that require investigation, research, or access to Customer account and/or server should be submitted via the help desk. Telephone and live chat support are not official methods of support and as such are provided as limited support that is governed by availability of staff at Sharkol’s discretion. No guarantee is made as to the availability, accessibility, or technical expertise provided via telephone or live chat support.
Sharkol reserves the right to direct any inquiries and/or issues resulting from telephone or live chat support to the help desk at its discretion and to refuse to provide technical support via telephone or live chat. Telephone and live chat support should be limited to general inquiries only and should not be used to request status updates to a help desk ticket.
14. Backup Services
Customer acknowledges the usage of Sharkol’s Services is at Customers sole risk. Backup service is provided as courtesy. Account data is backed up weekly. Any and all backup services provided by Sharkol, whether paid or not, are offered with no warranty or guarantee, either expressed or implied, of their date, accuracy, and integrity. Sharkol is not responsible for the loss or recovery of your data, even if due to the negligence of Sharkol. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Sharkol’s servers. Any account that exceeds 100,000 inodes limit will not be included in Sharkol’s automatic backup service.
Customer is permitted one (1) free of charge restoration of backup of their data that is located on a backup server maintained by Sharkol as courtesy backup restore per calendar month. If customer requires additional restores within the same calendar month, Customer agrees to pay a non-refundable “restoration fee” of $10.00 per backup restored to complete the request. By requesting a backup restoration, whether paid or unpaid, Customer acknowledges that a backup restoration will overwrite any and all of the current data stored on their account. Sharkol is not liable for any incomplete, insufficient, or data loss due to backup restorations.
15. Domain Name Registrations, Transfers, and Renewals
Sharkol will make every effort to ensure that Customer’s domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is Customer’s responsibility to contact Sharkol within ten (10) days of the incident for Sharkol to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to Sharkol in the required timeframe. Sharkol’s liability is limited to the amount paid for the domain name.
16. Expired Domain Deletion Policy
For a period of up to thirty (30) days after the expiration of the term of domain name registration services, you acknowledge that Sharkol may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that Sharkol may, but is not obligated to, offer this process, called the “reactivation period”. You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that Sharkol, for any reason and in its sole discretion, may choose not to offer a reactivation period and that Sharkol shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which Sharkol may determine at its discretion. You acknowledge and agree that Sharkol may make expired domain name service(s) available to third parties, that Sharkol may sell and/or auction off the rights to expired domain name services, and/or that expired domain name registration services may be re-registered to any party at any time.
17. IP Address Allocation
Customer requests for dedicated IP address, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers. Sharkol reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization. All IP addresses assigned or provided by Sharkol shall remain the property of Sharkol, and the right to use the IP addresses belongs solely to Sharkol.
18. Acceptance Usage Policy
You shall use Sharkol’s services only for lawful purposes. You agree to indemnify and hold harmless Sharkol from any claims resulting from the use of the service which damages you or any other party. Sharkol reserves the right to terminate Services for any Customer or end user activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are in a violation of this Agreement and will be terminated immediately at Sharkol’s sole discretion:
- Hacking: Any attempts to access, without authorization, another network and/or computer, port scans, stealth scans, dos attacks, worms, Trojans, viruses, and phishing.
- Copyrights infringement: hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
- Spam: Spamming or sending of bulk unsolicited email.
- Violence: Distributing hate speech, or any other content that is obscene, abusing, and violent.
- Child Pornography: Hosting, storing, or distributing child pornography.
- Pornography: Hosting, storing, or distributing pornographic material.
- No Proxy: Hosting of or linking to any proxy server.
- Any other material Sharkol judges to be threatening or obscene.
19. Restrictions on Storage Space Usage
Any account must have a valid working website and not violate any previously subscribed terms. Accounts should not be used for any mass storage of backups, files, audio, video, zip files or others, as determined by Sharkol, at its sole discretion. Accounts are not to be used for mass distribution of files, such as torrents or mirrors. Any account found in violation of these terms may be suspended or terminated without warning.
20. Intellectual Property
Customer acknowledges that Sharkol owns all right, title and interest in and to the Sharkol Services, including without limitation all intellectual property rights (“Sharkol Rights”), and such Sharkol rights are protected by U.S. and international intellectual property laws. The Sharkol Rights include rights to: (i) the Sharkol Services developed and provided by Sharkol and all trademarks and other intellectual property associated therewith; (ii) all software associated with the Sharkol Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Sharkol Services or any content placed on the Sharkol Services by Sharkol or any third party.
Customer also warrants that they own the entire right, title and interest to, or have an appropriate license to use, all material provided to Sharkol, or which may be access or transmitted using the Services. Customer also warrants that to the extent they do business with other parties using the Services, that they have the same ownership interests in the materials provided by Customer, or accessed via the Customer, that are set out in this paragraph.
21. Disclaimer of Warranties
Customer acknowledges and agrees that all use of the Services and information obtained through use of Services is at customer’s sole risk. Services are provided on “as is” and “as available” basis. Customer is solely responsible for any damage to Customer’s computer system or other device or loss of data that results from the use of Services. To the extent permitted by applicable law, Sharkol is not responsible for and hereby expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement, and/or title. No advice or information, whether oral or written, provided to Customer by Sharkol or through or from the Services shall create any warranty.
Sharkol does not warrant that the Services will meet your requirements, be uninterrupted, timely, secure or error-free. Sharkol does not make any warranty as to the results that might be obtained from the use of the Services or as to the accuracy, or reliability, of any information Service or merchandise contained in or provided through Sharkol’s network, unless otherwise expressly stated in this agreement. In the event that Customers State does not allow Sharkol to exclude certain warranties, a limited warranty shall be applied to sixty (60) days from the Effective Date.
Sharkol shall not be responsible for any delays, errors, loss of data, failure to perform, interruptions or disruptions in the Services caused by or resulting from acts of God, acts of third parties, omissions or conditions beyond Sharkol’s reasonable control.
22. Limitation of Liability
You acknowledge, understand and agree, under no circumstances including negligence, shall Sharkol, its officers, agents, or third parties providing services through Sharkol, be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sharkol has been advised of the possibility of such damages), resulting from: (i) inability to use or usage of the Service; (ii) the cost of procurement of substitute good and services resulting from any goods, data, information, services purchased or obtained, messages received, or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, and in such jurisdictions, Sharkol’s liability shall be limited to the extent permitted by law.
You also accept and acknowledge that the maximum aggregate liability of Sharkol and any of its employees, agents, or affiliates shall not exceed the amount paid by you for two (2) months of service.
Customer agrees to indemnify, defend, save and hold Sharkol, its directors, investors, sponsors, subsidiary and affiliated companies, employees, officers, directors, agents, partners and each of their respective officers and employees harmless from and against any and all liabilities, claims, damages, losses, fines, suits, actions, demands, proceedings, expenses and disbursements of any kind and natures whatsoever, including reasonable attorneys’ fees and court costs, threatened, filed by a third party, or asserted against any of the indemnified parties that may arise or result from: (i) Customer’s usage of the Services; (ii) Any Customer violation of any of the Sharkol’s policies; (iii) any breach of any of Customers representations, warranties or covenants contained in this Agreement; (iv) any acts or omissions by the Customer; (v) any service provided or performed or agreed to be performed or any product sold by customer; (vi) any copyright infringement. The customer agrees to limit the liability of Sharkol to the amount paid for service.
24. Governing Law and Disputes
This agreement and the relationship between Sharkol and Customer shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. Customer agrees to submit any disputes arising out of or relating to this Agreement to the courts located within Gwinnett County, Georgia.
25. Partial Invalidity
In the event that any provision of this Agreement is deemed invalid or unenforceable in court, such invalidity and unenforceability shall not affect the validity of any other provisions of this Agreement. Sharkol and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.
26. Changes to the Terms of Service
Sharkol reserves the right to update or change this Agreement, in whole or in part, at any time in its sole discretion without notice. Your continued use of the Service after such changes are posted to the web site also constitutes your acceptance of the changes.
Customer shall not transfer or assign this Agreement without the written consent of Sharkol. This Agreement may be assigned by Sharkol at any time without consent from or notice to customer.
28. Force Majeure
Sharkol shall not be liable for failure or delay in performance due to events beyond Sharkol’s control, including, without limitation, acts of God, war, insurrection, sabotage, earthquake, epidemics, strike or other labor disputes, shortages of supplies, riots, embargo, fire, flood, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
29. No Waiver
No waiver of rights under this Agreement or any Sharkol policy, or agreement between Customer and Sharkol shall constitute a subsequent waiver of this or any other right under this Agreement.
30. No Agency
No part of this Agreement shall be interpreted as creating any agency, partnership or any other form of joint enterprise between you and Sharkol.
All terms and conditions of this Agreement that by their nature are intended to survive expiration or termination of this Agreement shall so survive.