AYKsolutions.com - Enterprise-level dedicated servers and shared hosting

Terms of Service

The following Terms of Service (herein named TOS) applies to all websites/domains hosted by AYKsolutions, LLC. The term "applies" is defined as total content of each website/domain, as well as "links" from any website/domain, or to any website/domain. All clients are bound to this agreement immediately upon signing up. It is your responsibility to read this document prior to using our services.

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 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.
We will not be held liable for loss of data due to any type of server or network malfunction. While we do make regular account backups on certain accounts, our users are required to do the same manually. You, the end user, is responsible for keeping your own backups in case of an emergency.
As our 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 is not allowed, and you may not reference AYKsolutions, LLC. in any unsolicited email that you send.
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.
In no event will AYKsolutions, LLC. be liable for any damages, including, without limitation, 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.
We reserve the right to terminate any account without warning or notice if any of the above restrictions are violated 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 - We reserve the right to suspend any account that is slowing down the overall performance of the shared server. 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. For our Dedicated clients, it is up to you, the client, to keep track of how much bandwidth your account uses. Any account going over the allotted bandwidth will be billed at a rate of $1/GB. Chicago Dedicated Usage is solely unmetered and no overages shall be incurred. All servers are on shared unmetered ports; 100mbit guarantees 25 - 30mpbs burstable to 100mbit and 1gbit guarantees 50mbps or 100mbps burstable to 1gbit depending on the plan you chose. Audits are done weekly. If you are on a 100mbps line and you consistantly push 30mbps+, we will cap you to 10mbps and ask you to upgrade to either a dedicated line or a 1Gbps port.
30 Day Money Back Guarantee only applies to our AYKBudget, AYKshared and AYKreseller plans. Dedicated servers, 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.
Payment Policy (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. Your account will be deleted from our system if you do not pay the invoice in full 25 days after the due date. 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. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Payment Policy (Dedicated Services) - If the payment is not received by AYKsolutions on the due date, your service may be discontinued or terminated without notice at any time thereafter. There will be a $40 reconnection fee debited to your account. 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. For all first time clients, we do require you to submit documentation to finalize the order via fax or scan/email.
OS Reloads (All DCs) - Every server comes with 1 free OS reload per month. All subsequent reloads will be billed at a rate of $50 per reload.
"Zero Activity" After Payment - Upon paying for an AYKsolutions service, the client must finalize the order, if necessary, within 48 hours after making the payment. If the client fails to do so, that particular service and/or account will be terminated. AYKsolutions will then refund all the paid fees minus a $20 "Zero Activity" fee.
Service Cancellations - You must submit a cancellation request to our billing department atleast 7 days before your renewal date. 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 our Atlanta, Peer1 and Chicago server lines. No form or shape of nudity is allowed on our Florida line. 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 Atlanta 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, domain names, and any other additional services are not covered under this policy and are subject to change without notice.
Administration/Consultation Fee (charged at our discretion) - A minimum charge of $50 per hour will be debited to the client's next billing statement for any administration and/or consultation work done to their account(s). The charge is rounded up to the nearest hour (i.e. 64 minutes of work will cost $100). 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.
99.9% Uptime SLA - If we fail to provide you with atleast 99.9% uptime during each given month, you will be entitled to a refund of one full day's service credited to your account for each hour of downtime. To claim your credit, please contact our Billing Department within five (5) days of the downtime agreement breach.
Packet Loss - 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 - 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 - 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.

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.

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.