Terms Of Service

TRK Hosting™ provides services to clients all around the world. TRK Hosting™ has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services. ()
 

Content:
All services provided by TRK Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, material or software which purpose is to spam or otherwise transmit mass emails resulting in spam complaints from the recipient or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless TRK Hosting  from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links

  • Pirated software
  • Mass Email Programs
  • "Illegal MP3's"
  • Hackers programs or archives
  • Warez Sites
  • Child Pornography

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

Unlimited Traffic/Hits & Server Resource Usage:
TRK Hosting  is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

  • Sites with banners, graphics or cgi's running from their domain being used on other domains. (Hotlinking)
  • Sites with immense graphic archives or galleries.
  • Sites offering immense download archives, such as .zip, .tar, .rar and .GZ.
  • Sites running large chat room gatherings.
  • Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, TRK Hosting  may move your site to a different server, to reduce the load on the server you are currently residing... TRK Hosting  will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time TRK Hosting  may move your site to a different server, to reduce the load on the server you are currently residing...

Chat Rooms:
TRK Hosting does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chat room that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs
TRK Hosting  may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed.

Cron Jobs:
TRK Hosting™ does allow Cron Jobs to be conducted on our servers.

IRC:
TRK Hosting™ currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections:
Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts:
TRK Hosting may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Telnet - 2 hours

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a TRK Hosting server or using an email address that is maintained on a TRK Hosting  machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
TRK Hosting  will be the sole arbiter as to what constitutes a violation of this provision. email is acceptable, as long as no SPAM complaints are received. If we receive spam complaints which are found to be the result of mass mailing activity the hosting contract between TRK Hosting and the involved client can be terminated at any time. Please make an effort to limit legitimate outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST

Server Abuse:
Any attempts to undermine or cause harm to a TRK Hosting server or customer of TRK Hosting is strictly prohibited. TRK Hosting will pursue legal action to the fullest extent for all abuse of the TRK Hosting.™ Network.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. TRK Hosting  reserves the right to remove any account without prior notice. If TRK Hosting deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation. This provision applies specifically for those individuals who attempt to undermine any and all spam provision by claiming that their programs and activities are so called 'opt-in'. TRK Hosting does not tolerate ANY form of questionable commercial email advertising. It is detrimental to our reputation as well as the internet community in general.

Cancellation of Service:

TRK Hosting explicitly reserves the right to cancel any and all hosting accounts at the end of a monthly or yearly term.

All shared Hosting accounts must be cancelled prior to their term expiry date. If an account is not cancelled it will automatically rebill on the due date and client consent to continue hosting services is implied.

All dedicated Server rentals or leases MUST be cancelled by you, the client, no later than 10 days prior to the end of a calendar month regardless of day of initial signup.

Privacy Policy
TRK Hosting respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information how  TRK Hosting will collect and use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit Sprint Web sites, respond to our Web-based advertisements or send us email.

All order forms on TRK Hosting utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session," information that you input into a TRK Hosting order form will be sent and will arrive privately and unaltered at a TRK Hosting server. This security prohibits other companies and Web users from being able to access your information.


TRK Hosting  will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

The following are some examples of when TRK Hosting may require that you provide personally-identifiable information:

  • to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
  • to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
  • to request more information about new or current TRK Hosting products or services

If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.

When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:

  • we may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
  • we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
  • we may contact you if we have questions about your account

TRK Hosting will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.

 

Service Level Agreement

 

TRK Hosting™ is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the TRK Hosting™ network. The TRK Hosting™ Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of TRK Hosting's™ web hosting, reseller and dedicated server services.

Uptime Guarantee:
TRK Hosting™ strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by TRK Hosting™ monitoring systems or TRK Hosting™ authorized/contracted outside monitoring services. If TRK Hosting™ fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. TRK Hosting™ does not credit a full month's service for minor downtime. This would not be financially healthy for TRK Hosting™, and in turn would only negatively affect the service level TRK Hosting™ provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, TRK Hosting™ may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the TRK Hosting™ network caused by or associated with:

  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e........fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
  • Telco Failure (i.e....Verizon™ cutting a fiber line somewhere)
  • Backbone peering point issues (i.e....UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
  • Scheduled maintenance for hardware/software upgrades
  • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). TRK Hosting™ utilizes only name brand hardware of the highest quality and performance.
  • Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
  • DNS issues not within the direct control of TRK Hosting™
  • Network floods, hacks, attacks from outside parties or individuals
  • Failure or error of any TRK Hosting™ monitoring or measurement system
  • Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of TRK Hosting™ services) in breach of TRK Hosting™ Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
TRK Hosting's™ goal is to make the TRK Hosting™ network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a TRK Hosting™ service failure for more than 15 consecutive minutes, excluding service failures relating to TRK Hosting's™ scheduled maintenance and upgrades. The TRK Hosting™ network does not include client premises, equipment or any Telco access facilities connecting Client's premises to such infrastructure. TRK Hosting's™ goal is to keep Average Round-Trip Latency on the TRK Hosting™ network to 85 milliseconds or less. TRK Hosting™ defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the TRK Hosting™ network and major US backbone peering points during such month, as measured by TRK Hosting™. TRK Hosting's™ goal is to keep Average Packet Loss on the TRK Hosting™ network to 1% or less. TRK Hosting™ defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the TRK Hosting™ network during such month that are not successfully delivered, as measured by TRK Hosting™.

Measurement:
TRK Hosting™ will periodically (on average every 10 minutes) monitor TRK Hosting™ network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the TRK Hosting™ network but not other networks to which Client may connect. TRK Hosting™ reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by TRK Hosting™ and made available to Client.

Hardware Failure:
TRK Hosting™ stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. TRK Hosting™ utilizes only name brand hardware of the highest quality and performance. TRK Hosting™ will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current TRK Hosting™ contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. TRK Hosting™ will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits:
Credit requests must be made on the TRK Hosting™ web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by TRK Hosting™ within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by TRK Hosting™ within five days after the end of such month. The total amount credited to a Client for TRK Hosting™ not meeting SLA service levels will not exceed the service fees paid by Client TRK Hosting™ for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after TRK Hosting's™ receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by TRK Hosting™. Upon Client's request (in accordance with the procedure set forth below), TRK Hosting™ will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to TRK Hosting™ and confirmed by TRK Hosting's™ measurement reporting. Such credit will be equal to one day's worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the TRK Hosting™ network for a calendar month exceeds 85 milliseconds, then upon Client's request, TRK Hosting™ will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, TRK Hosting™ will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

General:
TRK Hosting reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA , TRK Hosting™ makes no claims regarding the availability or performance of the TRK Hosting™ network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA , and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

 

 

Budget Hosting
500 MB Storage
5 GB Traffic
$7.95
Basic Hosting
2000 MB Storage
15 GB Traffic
$12.95
Supreme Hosting
4000 MB Storage
30 GB Traffic
$22.95