Terms & Conditions

Terms of Service (TOS)

Shared/Reseller Systems

You may not use any shared system provided by Cartika in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Cartika Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your  code if it unnecessarily conflicts with other customers’ use of the shared environment. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Other

  1. You must have valid and current information on file with your domain name registrar for any domain hosted on the Cartika network
  2. You may only use IP addresses assigned to you by Cartika in connection with your Cartika services
  3. You agree that if the Cartika IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this TOS, and Cartika may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions
  4. You agree that if you register a DNS record or zone on Cartika managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Cartika may modify, transfer, or delete such records or zones

Shared/Reseller Hosting eMail Terms (also applicable to all users of SpamExperts SMTP filtering)

  • Cartika Shared/Reseller mail servers do not support mass mailing
  • All Cartika Shared/Reseller customers outbound SMTP (outbound) eMail is filtered via our SpamExperts filtering appliances
  • eMail accounts sending more then 3000 emails in a 12 hour period will be automatically blocked from future SMTP sending until such time as the issue is resolved (compromised PC or eMail account is patched/fixed for example)
  • Users sending “legitimate” mass mailing greater then 3000 eMails per day will be required to have their own private mailing VPS/VM or utilize 3rd party mailing services (ie Constant Contact, Mailchimp, etc)

Hsphere Resellers

Hsphere resellers are required to spread their accounts across multiple servers. Our pricing and model is designed as such. having said this, An Hsphere reseller is not permitted to utilize more then 10% of their total resource allocation (disk space and bandwidth) towards a single account. It is also required that resellers create a separate account for each end user customer (ie 1 customer = 1 account). If a reseller has an account who’s requirements are greater then 10% of the UR Mini-UR9 plans – and/or – any resold account requires more then 256MB RAM, 0.25 CPU Cores and more then 3% IO utilization, it is recommended to look at a VPS, Cloud or Dedicated solution for that client. Please contact our sales or support department for more information.

cPanel/Plesk Resellers

cPanel/Plesk resellers are bound by the per account CPU, RAM and DISK IO limits of each account (256MB RAM, 0.25 CPU Cores and more then 3% IO utilization).  Users requiring more resources for an individual account are required to move that account to isolated environments.

Subscription & Billing Disputes

Cartika offers a subscription based hosting services.  Customers may select between monthly, quarterly, semi-annual, and yearly subscription model (where and as available per service). Accepted payment methods include all major credit cards (Visa, MasterCard, American Express), PayPal and EFT withdrawals (Canada Only).  It is understood that monthly fees will be withdrawn on the due date and that clients are responsible for keeping their billing profile up to date in order to maintain their subscription to Cartika’s Hosting and Related services. Cartika may charge Interest to overdue accounts at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. Accounts are eligible for automatic or manual suspension once 10 days past due.  A suspended account will be cancelled with 3 days of suspension. Once an account is cancelled, all data is lost and unrecoverable. Any disputes related to an invoice must be sent to Cartika via email within 15 Days. Should a chargeback be initiated without first attempting to resolve the dispute directly, a $250 administrative fee may be issued. Cartika reserves the right to send any unpaid balance to a third party agent for collection.

Data Restoration

Cartika includes data backups with any of our managed services.  Data backups are also available as an optional add on with our IaaS solutions.  Please see each respective offering and service level for a description of data backups available. In all scenarios, Cartika offers customers with data backups, the ability to self service restore their own data from the various Cartika interfaces. Customers are responsible for their own data restoration process when required. Cartika can perform data restorations for a 1 time fee of $75 if the customer would prefer data restorations be performed by Cartika staff. This fee applies in all data restoration scenarios, including, but, not limited to – accidental or purposeful account deletions, web site injections and human error.

Cancellation Policy

  1. Upon receiving a cancellation request, all data will be immediately removed from our servers and your account will be canceled.
  2. Cartika does not offer a trial service or a 30 day money back guarantee (exceptions to this may be made, however, a special request must be made in writing and will be determined on a case by case basis). All cancellations are processed immediately and we do not provide partial months credits
  3. Cartika strongly urges and recommends customers pay on a monthly basis.  Refunds for longer pre-paid terms may be granted upon cancellation at the sole discretion of Cartika.  Refunds when granted are subject to an additional cancellation fee of $50.00 plus any merchant processing fees.  All fees and/or payments to Cartika will remain as credits on the account until exhausted. Special exemptions can be made to this policy. Please contact billing[at]cartikahosting.com if you would like to discuss a custom cancellation &/or refund policy.
  4. Shared/Reseller and VPS accounts can be canceled at any time and without notice.  Cancellations will be processed immediately upon receipt of the cancellation request and no additional payment is due beyond the current billing period
  5. All dedicated servers, including private vps farms and private clouds are on a monthly based contract (unless specifically negotiated differently) and require a 30 day notice of cancellation (1 billing cycle). Customers with contracts in place, the terms of the specific contract will over rule this clause in all scenarios

SLA

No credit will be available under a Cartika service level guaranty or agreement for interruptions of service resulting from TOS violations.

Jurisdiction

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada, and waive any right that you may have to object to an action being brought in those courts.  To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of our services.