Terms of Service

You also agree to our Privacy Policy that can be found here: Privacy Policy

You agree to provide AYKsolutions with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, business address and telephone number. All changes to this information must be reported to AYKsolutions within fifteen (15) days of the change.

You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.

Any illegal or offensive data and web site content such as, but not limited to, piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use are not allowed.

AYKsolutions, LLC. will not be held liable for loss of data under any circumstance on any form of hardware (shared, vps, cloud, dedicated or any other). While we do make regular account backups on certain accounts (shared and reseller), our users are required to do the same manually. We provide this costly service free with no warranty and only as a courtesy. You, the end user, is ultimately responsible for keeping your own backups in case of an emergency. AYKsolutions will put forth its best effort to provide backups, but if they are not available for whatever reason, it is left up to the client to have their account(s) recreated from their own private backups.

As AYKsolutions' client, you are responsible for your own website files. You are responsible to keep them updated and secure. You are required to administer and modify your website and/or server/service provided by AYKsolutions.

You may not upload ROMs and Emulators. This is non-negotiable.

No sites/servers hosted by AYKsolutions, LLC. are allowed to run pyramid schemes such as HYIPs. Any site found doing this may be terminated without notice.

You may not publish any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.

Spam/email marketing is not allowed, and you may not reference AYKsolutions, LLC. in any unsolicited email that you send. If any of the IPs under your control become black listed, you must work to remove them from every list or face a fee of up to $250 per IP per black list where the said IP is listed.

AYKsolutions, LLC. utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour.

AtlantaNAP DMCA Policy - A DMCA in the AtlantaNAP datacenter can carry a fine of up to $125. This only applies to the services that are located in the AtlantaNAP datacenter. None of our other locations have this policy.

Softlayer Port 25 Email Policy - Any server that is located in any one of Softlayer's facilities will not be able to send outbound traffic on port 25 to prevent spam. If you must send email out, you can adjust your mail server to use a port other than 25 or you can purchase a SendGrid account from http://www.sendgrid.com starting at just $9.95/mo. For full details, please visit http://knowledgelayer.softlayer.com/content/outbound-email-port-25.

You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America.

You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.

AYKsolutions will not be liable to the Client or any of the Client's customers for any claims or damages which may be suffered by the Client or the Client's customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, unauthorized access to the Client's website as a result of hackers or password trading, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or service interruptions whether or not caused by AYKsolutions' fault or negligence.

In no event will AYKsolutions, LLC. be liable for any damages, including, without limitation, monetary, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use AYKsolutions, LLC.'s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. AYKSOLUTIONS SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE AYKSOLUTIONS' SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS AYKSOLUTIONS PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AYKSOLUTIONS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND AYKSOLUTIONS SHALL HAVE NO LIABILITY THEREFORE.

AYKsolutions reserve the right to suspend or terminate any account without warning or notice for any reason and to examine the contents of any account at any time. If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.

Resource Usage (Shared) - We reserve the right to suspend any account that is slowing down the overall performance of the shared server for any reason. This does include CPU usage. If your site uses 15% or more of the total CPU for 20 seconds, your site may be suspended without prior notice. Your account may be suspended without notice. We will work with you to find a more suitable solution for your website.

Resource Usage (Dedicated) - It is up to you, the client, to keep track of how much bandwidth your account uses. Contact us for overage rates for your specific server. Due to the variety of datacenters we have, rates will vary from location to location. Bandwidth period dates for our UK2 and Softlayer servers are from the 24th to the 23rd of every month.

Bandwidth Usage (Softlayer/UK2) - CDN (content delivery network) websites are only allowed by special request on our Softlayer and UK2 servers.

Bandwidth Fair Usage (10gbps unmetered plans, unless otherwise noted) - Client can always burst to the full speed of the port. Client agrees to a fair usage policy on these servers at the given price, amounting to around 30 to 35% of total capacity in a given billing period. If the client continuously uses majority of the port, AYKsolutions reserves the right to contact the customer and work out a more suitable package for them.

30 Day Money Back Guarantee only applies to our AYKBudget, AYKshared and AYKreseller plans. Dedicated & Cloud servers, VPS, domain names, ssl certificate fees and any other additional fees are not covered under this policy. Upon the expiration of the 30 Day period, no refunds will be issued.

(Shared Services) - For any shared account, you have 6 days after the due date of the invoice to pay in full for the coming month. If you do not, your account is suspended and terminated. You must contact us if you are unable to pay the bill prior to the due date! Accounts that are not collectable by AYKsolutions may be turned over to an outside collection agency for collection. AYKsolutions reserves the right to use any means necessary to collect the funds owed, including, but not limited to, the usage of past credit cards on file for the client. If your account is turned over for collection, you agree to pay the company all fees as a result of Collections as well as a Processing fee of at least $50 and no more than $150. If AYKsolutions has to take the matter to court, you agree to pay all attorney, collection agency and processing fees, as well as any other fees accrued by AYKsolutions while attempting to collect funds owed. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. AYKsolutions is not responsible for any fees assessed on the client by their bank as a result of the client's account being invoiced.

Credit Card Policy - When a new credit card is added, it becomes the default automatic payment for the services on your account. To request to turn this feature off, the client must contact AYKsolutions Billing department through their myAYK account.

Payment Policy (All Services) - If the payment in full is not received by AYKsolutions on the due date, your service may be discontinued or terminated without notice at any time thereafter. AYKsolutions also reserves the right to suspend the account in full if the account is severely overdue. The severity will be decided at the sole discretion of AYKsolutions on a case by case basis. There will be a $40 reconnection fee debited to your account. You also understand that AYKsolutions may suspend all services on the account until the overdue invoices are paid in full. All due invoices must be paid in full to get your service(s) reactivated. All unpaid invoices may be turned over to a collection agency and the client will be responsible to pay a service fee of no less than $50 and no greater than $150. AYKsolutions reserves the right to use any means necessary to collect the funds owed, including, but not limited to, the usage of past credit cards on file for the client. The client will also be responsible for paying all collection, legal, and attorney costs. All payments to AYKsolutions are non-refundable unless otherwise noted. For all first time clients, we do require you to submit documentation to finalize the order via fax or scan/email. AYKsolutions is not responsible for any fees assessed on the client by their bank as a result of the client's account being invoiced.

Initial Dedicated Server/VPS/Cloud Order Requirements - On all first time Dedicated Server, VPS, Cloud and any other initial orders which AYKsolutions deems necessary, client agrees to hand-sign and date our Agreement document (http://forums.ayksolutions.com/showthread.php?t=286) as well as to follow the necessary steps to get the initial order verified. This includes, but is not limited to, faxing/scanning front and back of the used credit card, driver's license, passport or any other valid government ID. This protects both the client and AYKsolutions from possible fraud at the time of the order and in the future.

OS Reloads (All DCs) - Every server comes with 1 free OS reload per month. All subsequent reloads may be billed at a rate of $50 per reload. If the server has IPMI capability, customer can perform the OS reload themselves.

Domain Name Registrations - If the client opts to have their domain registered with AYKsolutions, AYKsolutions cannot be held liable if any of the following, but not limited to, occur: Domain account being accessed illegally and domain stolen/transferred, domain expiring and anything else that may hinder the usage of the said domain name by the customer. We always encourage our customers to register domains using third party providers such as GoDaddy and Namecheap.

Service Cancellations - You must submit a cancellation request to our Cancellations department atleast 7 days before your renewal date within your myAYK account. This is non-negotiable. If you fail to do this, you will be charged for the next month's service. In order for the cancellation to be valid, you must submit your domain name or server IP address and confirm the cancellation with us.

Adult Content & Nudity - Legal adult content (models are 18 years old and up) is allowed on our shared accounts as well as all of our dedicated server and VPS lines. We reserve the right to be the sole body to decide what is viewed as "legal".

We reserve the right to not honor the 30 Day Money Back Guarantee policy to anyone who has actively and repeatedly used their account and/or server for spamming, phising, hacking or any other illegal activity expressed through out this Terms Of Service document. To be considered an 'active' or a 'repeated' offender, the user must have been, but not limited to, either warned by us, caused the integrity of the server to decrease in any way, was reported by a third party to our Abuse Department, or was determined to be of a risk through any one of our monitoring services.

IRC Guidelines - We allow IRC on our Florida, Chicago and Denver Unmetered Network only. It is not allowed in any shape or form on our Peer1 network. The IRC must have a good purpose and not attract unwanted attention as well as connecting to public servers. We reserve the right to take your server offline should it present any danger to our network. We will be the sole judges of what a danger may be.

Price Lock Guarantee only applies to our AYKBudget, AYKshared and AYKreseller plans. Dedicated servers, VPS, Cloud, Colocation, domain names, and any other additional services are not covered under this policy and their prices are subject to change without notice. If you purchase a server from us, the only way the pricing will change is if our end providers have raised their prices. You can purchase our services and be assured that you will be paying the same price for the said service without any looming price hikes unless it is done so by our partner datacenter and/or upstream.

Administration/Consultation Fee (charged at our discretion) - A minimum charge of $50 per every 30 minutes will be debited to the client's account for any administration and/or consultation work done to their account(s). The charge is rounded up to the nearest 30 minutes (i.e. 64 minutes of work will cost $150). This will include, but not limited to, upon the client's request: script optimization, script patching, script and/or application installation, script and/or application modification. business consultation. The following, but not limited to, situations will also accrue the administration/consultation fee: account restoration, DNS reconfiguration, emergency account restoration & rebuilding resulting from the customer's actions. A knowledge-of-payment confirmation from the client will be required to go forward with any of the above actions.

Interaction between Client and AYK Customer Service - The AYKsolutions customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.

Hardware SLA (Applies only datacenters on our website)- We guarantee a four (4) hour hardware replacement timeframe after the defective part has been identified. This applies to some of our datacenters except for Denver, Chicago and Zlin where there is no hardware SLA. Please contact us to check if your datacenter is covered under this 4 hour SLA.

99.9% Uptime SLA (Applies only datacenters on our website) - If we fail to provide you with atleast 99.9% uptime during each given month, you will be entitled to a credit of one full day's service credited to your account for each hour of downtime. The credit cannot exceed the total monthly cost of the service in question, i.e. If the service costs $100 per month and the service has been down for 30 hours or more, the most you can receive is $100 credited to your account towards future invoices. To claim your credit, please contact our Billing Department within five (5) days of the downtime agreement breach. We are able to provide 100% network and power uptime guarantees. Please contact us for more details. Does not apply to Chicago, Denver, Prague, Zlin, Vienna, Amsterdam, Los Angeles, London, Florida or any datacenter that is not explicitly listed on our website. Please contact us before making purchase to inquire about the specific SLA in your location. If you fail to do so, you will not be covered under an SLA.

Packet Loss - (Applies only datacenters on our website) AYKsolutions, LLC. guarantees less than 1% average packet loss over the internet within the continental United States. Packet Loss is calculated by averaging measurements between various points on the AYKsolutions, LLC. network during the calendar month. If our average packet loss is more than 1% in the US over a one month period, one full weeks's service credit will be awarded. To claim your credit, please contact our Billing Department within five (5) days of the downtime agreement breach. This does not apply to the unmetered shared Chicago network.

Latency (Applies only datacenters on our website) - AYKsolutions, LLC. guarantees that the average monthly latency for round-trip transmissions will be 100 milliseconds or less within the continental United States. Latency is calculated by averaging measurements between various points on the AYKsolutions, LLC. network during the calendar month. If our average latency exceeds 100 millisecond over a one month period, one full week's service credit will be awarded. To claim your credit, please contact our Billing Department within five (5) days of the downtime agreement breach.

Exceptions to SLA Agreement - SLA does not apply to any services located in datacenters that are not listed on our website (www.ayksolutions.com). Customer shall not receive any credits under this SLA in connection with any failure or deficiency if caused by or associated with: Circumstances beyond AYKsolutions, LLC.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications, upstream providers or third party services, failure of third party software or inability to obtain raw materials, supplies, hardware failure not caused directly by AYKsolutions, LLC. or power used in or equipment needed for provision of the service level agreement. In an event of a scheduled downtime on any of AYKsolutions, LLC.'s networks, no credit will be provided.

Violations of system or network security are prohibited, and may result in criminal and civil liability. AYKsolutions, LLC. will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. For continuous infactions a fee will be assessed at a rate of $50/hr with a minimum of $50. AYKsolutions will be the sole arbitor in determining the fee.

Construction, Venue, Jurisdiction. This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of New York. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of New York. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.

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.

Unauthorized monitoring of data or traffic on any network or system 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.

Use of AYKsolutions, LLC. service to transmit any material (by e-mail, uploading, bittorent, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of AYKsolutions, LLC. 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 your account.

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.

Indemnification - Customer agrees to indemnify and hold harmless AYKsolutions, and the employees and agents of AYKsolutions (each an "Indemnified Party") against any losses, legal fees, claims, data-loss, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Force Majeure - AYKsolutions shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond AYKsolutions' control, including, without limitation, labor disputes, weather, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, significant failure of a power grid, significant failure of the internet, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Any accounts cancelled/terminated by AYKsolutions, LLC. for violation of our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are elegible for a refund. If you have had an account with us before, cancelled it then signed up again, you will not be eligible for a refund.

Any and all legal matters will be filed in the state of New York, regardless of where the other party is located.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A AYKsolutions, LLC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.