Yoltek Communications Inc.

Terms and Conditions

Definitions:
"Yoltek", "us", "we" shall mean Yoltek Communications Inc.
"Client", "customer", "you", "your", "subscriber" shall mean the person or legal entity using Yoltek's products, services, and programs, including Yoltek's website.

Content:
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any federal, provincial, or local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link 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. Links to such materials are also prohibited.

In addition, any site selling or promoting bulk e-mail services is not allowed.

Examples of non-acceptable content or links are:

• Pirated software
• Hacker programs or archives
• Warez sites
• IRC bots
• MP3 files

We will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts:
Certain packages come with their own cgi-bin directory. You are free to use any CGI scripts you wish. However, we reserve the right to disable any CGI script that effects normal server operation.

Chat Rooms:
We do not allow clients to install their own chat rooms. These tend to use large amounts of system resources and we cannot allow it as an account option.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a one to one basis, and an extra charge will be incurred based on system resources used and operational maintenance needed.

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

Commercial Advertising (E-mail):
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

Any violation may result in immediate deactivation of services without refund.

Server Abuse:
Any attempts to undermine or cause harm to a server is strictly prohibited.

Payment Policies:
All hosting plans are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes.  All fees are non-refundable. All pricing is guaranteed for the term of pre-payment. Yoltek reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within 7 days of e-mail notice is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Yoltek in writing for a request for termination of services.

Cancellation:
Yoltek reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Yoltek if Yoltek institutes its right of cancellation. Any extra account costs and penalties due to policy violations will be deducted from the refund. Due to security concerns, all account cancellations must be done in writing via postal mail (not e-mail) or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. Phone requests will not constitute acceptance of any cancellation.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Yoltek harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Yoltek, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Yoltek against liabilities arising out of: (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Yoltek servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Refusal of Service:
Yoltek reserves the right to refuse or cancel service at its sole discretion.

Disclaimer:
Yoltek will not be responsible for any damages your business may suffer. Yoltek makes no warranties of any kind, expressed or implied for services we provide. Yoltek disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Yoltek and its employees. Yoltek reserves the right to change or update policies without notice.

Severability:
Should any clause or clauses of this agreement be deemed unenforcable or void by the legal bodies governing its interpretation, the remainder of the agreement shall remain in force.

Failure to follow any term or condition will result in grounds for immediate account deactivation and termination of services without refund.