Client understands, acknowledges and agrees that by using the domain on or any service of Helikas, that they and their agents (i.e. webmaster, employee, ISP) are bound by the terms of this agreement even if the Client and/or their agents have not read this agreement in its entirety.

All websites hosted by Helikas must display a small "Hosted by Helikas" banner on the index page.

Age

Clients must be 18 years of age to obtain our hosting services. This is not intended to discriminate against those under 18, but to protect us as laws regarding the enforcment of a contract with a minor differ from state to state and country to country.

Content

All services provided by Helikas may be used for lawful purposes only. Transmission, storage or presentation of any and all information, data or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is no limited to: copyrighted material, trademarked material, intellectual material presented without proper authorization, material we judge to be threatening or obscene, material protected by trade secret or other statute and invasion of privacy. The Client agrees to indemnify and hold harmless Helikas from any claims resulting from the use of the service which damages the Client or any other third party.

All pornographic content, sex-related merchandise and links to such material elsewhere is strictly prohibited on all Helikas servers. This includes sites that may infer sexual content and links to adult content elsewhere.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Helikas servers or any other server on the internet. Links to such materials are also prohibited.

Examples of such unacceptable content or links:

Pirated software
Hacker/Cracker programs or archives
Warez sites

Also prohibited are sites that degrade or promote the degradation of any other cultural, religious, lifestyle or ethnic group or any site specifically slandering another person or organization.

Helikas shall be the sole arbiter as to what constitutes a violation of the above provisions.Should a Client be found in violation of any of the above content policies, they will be requested via email and/or telephone to remove the offending content immediately. Should the Client refuse to do so within 48 hours of notification, their account will be terminated and no refund of monies paid will be given. Any content lost due to the termination of the account is not the responsibility of Helikas.

Commericial Advertising – Email & Newsgroups

Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from a Helikas server or using an email address or domain that is maintained on a Helikas server as reference in that spam is strictly prohibited. Helikas will be the sole arbiter as to what constitutes a violation of this provision.

Newsgroups

Posting the same or similar messages referencing a domain that is maintained on a Helikas server to one or more newsgroups or message boards is strictly prohibited. This includes without limitation, commercial advertising and informational announcements. Helikas will be the sole arbiter as to what constitutes a violation of this provision.

Should a Client be found in violation of either the e-mail or newsgroups policy, they will be requested via email and/or telephone to terminate their practices immediately. Should the Client refuse to comply, their account will be terminated and no refund of monies paid will be given. Additional fines in the amount of $500 US dollars may also be incurred. Any content lost due to the termination of the account is not the responsibility of Helikas.

Misuse of System Resource

Any attempt to undermine or cause harm to a server, or Client of Helikas is strictly prohibited. This includes, but is not limited to:

Using programs that consume excessive CPU time
Allowing the use of mail services, mail forwarding capabilities or autoresponders other than for the customer’s own account
Resale of disk space
Use of servers for backup of files unrelated to the content of the website on the account
Resale or remote access to CGI scripts installed on Helikas servers
Remote access to image or sound files located on Helikas servers
Operation of IRC servers or IRC bots on Helikas servers

Helikas will be the sole arbiter as to what constitutes abuse of system resources. The accounts of Clients discovered to be misusing system resources will be suspended immediately. Please see Suspension terms located under Termination.

System and Network Security Violations

Violations of Helikas system or network security are prohibited and may result in criminal and civil liability. Helikas will investigate suspected violations and may involve and will cooperate with law enforcement if the suspected violation is of a criminal nature. Examples of system or network security violations include, but are not limited to:

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 system or network without express authorization of the owner of the system or network.
Interference with service to any user including, but not limited to, mailbombing, flooding or 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 newsgroup/message board post.

Helikas reserves the right to report illegal activities to any and all regulatory, administrative, and/or government authorities for prosecution. Accounts found to be in violation of the System and Network Securities policy will be immediately terminated without warning and all monies paid will be forfeited.

IP Numbers

Helikas maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Clients and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. The Client retains ownership of their domain name and all material contained on their website.

Termination of Services

Cancellation

Cancellation can be made in writing using our Account Cancelation Form include your domain name, last name on credit card in the email. A minimum of forty-eight (48) hours notice prior to the next billing date is required but there is no cancellation fee. All fees for service paid up to the notice of cancellation are non-refundable. If, however, cancellation is made within the first 30 days of service, all hosting fees will be refunded. This does not include fees for domain registration.

Delinquent Fees

Accounts will be suspended or terminated upon failure of Client to pay fees when due. Such termination or suspension will not relieve Client of responsibility for the payment of all accrued service fees or any collection fees. Clients who are delinquent for the first time will have their accounts suspended until payment is recieved, the accounts of Clients who are repeatedly delinquent will be terminated once the account has been delinquent for 48 hours.

Suspension

Helikas reserves the right to suspend service at any time. Complaints or discovery regarding abuses of account and system resources will be grounds for suspension. Activity which results in a suspension of an account will result in a forfeiture of fees paid. Service will be reinstated on a probationary basis of 90 days at such as time as the offending activity has been rectified. Violations occurring within the probationary period will result in the immediate termination of the account.

Termination

Helikas reserves the right to terminate service at any time for reasons solely at our discretion. We will, however, always provide the Client with a reason for the termination of their account. Data or content lost due to termination of an account is not the responsibility of Helikas.

Refusal of Service

Helikas reserves the right to refuse service at our sole discretion.

Limitation of Liability

Helikas and consequential damages, which may arise from servers going off-line or being unavailable for any reason. Helikas shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from our servers. All damages shall be limited to the immediate termination of a Client’s service. Helikas disclaims any and all loss or liability resulting from, but not limited to:

access delays or interruptions
data non-delivery or mis-delivery
acts of God(s)
unauthorized use or misuse of your account number, password or security authentication
errors, omissions or misstatements in any and all information provided under this agreement
deletion of or failure to store email messages
development or interruption of your website

Client agrees that it will protect, save and hold Helikas harmless from any and all stipulations, arrears, losses, expenses and assertions, as well as rational attorney’s fees declared against Helikas, its representatives, customers and administration that may arise or result from any service provided or executed or agreed to be executed or any product sold by Client, it agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Helikas against liabilities arising out of any injury to person or property caused by any products sold or distributed in association with Helikas services, any material furnished by Client that encroaches or supposedly encroaches on the exclusive rights of a third party, copyright and any defective products sold to customers on websites hosted by Helikas.

In the event that any provision of this agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this agreement. Helikas may amend or replace such provisions with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.

Helikas reserves the right to change or amend the Terms of Use policy without prior notice or warning. The new Terms of Use will be considered legally binding upon receipt of Client’s next payment for services. Helikas agrees to notify via email all Clients within 48 hours of any changes or amendments to the Terms of Use policy.

This agreement and the fee schedule, together with all amendments or modifications thereof, constitute the complete and exclusive agreement between Client and Helikas and supercede and govern all prior proposals, agreements and communications. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Arizona and the United States of America . Any action relating to this agreement or to the Clients use of Helikas shall be brought exclusively in the courts of Missouri in the United States of America.