VolkNet Enterprises (the Company, PROVIDER) operating as VolkNet.com issues this document.

Volknet.com is the trademark of VolkNet Enterprises (the Company, PROVIDER) and any information and services also from the domain names www.Volknet.com are subject to you and the company VolkNet Enterprises. This document outlines the Acceptable Usage Policies (AUP) and the Terms of Use (TOS) at VolkNet Enterprises (the Company, PROVIDER), whereas, "PROVIDER" in this document, is the company "VolkNet Enterprises".

Acceptable Use Policy (AUP)

This Policy applies to: all components of VolkNet Enterprises, VolkNet.com trade marks, including all subsidiaries, trade styles and related concerns; All customers, clients, employees, advisors, and agents of, and all authorized third parties that require the use of, and are granted access to the VolkNet Enterprises; reserves the right to refuse service to any individual, company or corporation. In addition, VolkNet Enterprises reserves the right to suspend or terminate service to a client whose activities may be deemed detrimental to our client base and violate the following of this AUP.

Purpose: All customers, clients, and users of the PROVIDER's network are required to comply with this Policy. All violations of the Acceptable Use Policy will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Bandwidth Usage: Bandwidth and data transfer usage is included with your account, dedicated server or shared account, and usage past the defined limits of your account may incur Provider's standard overage charges.
Server Abuse: Any attempts to use PROVIDER's servers or network to abuse other networks, servers, clients or providers will be considered an abuse of PROVIDER's resources.

Server Load: In the case of shared-hosting accounts, the PROVIDER may move your site to a different server to reduce the load on the currently used server. Hot linking is prohibited on our servers as it increases the server load and has as a result the instability of a server.

Data loss/ Server failure: However in case of data loss you are responsible for doing back up for all of your client's data or your own website data files and restore the data through the control panel function. PROVIDER may perform weekly data back up on a second Hard Drive on the same server. In case for network failure, hardware failure parts, expressed in downtime or loss of data, PROVIDER should not be responsible, understanding that these are electronic parts and may fail anytime from any possible reason. However the 99.9% uptime guarantee refers to the network uptime provided in the case that there is no any Network failure due to any physical damage or forced damage. PROVIDER should not be responsible to any such damages which will express in your complete data loss.

Prohibited Content: Transmission, storage, or presentation of any information, data or material listed below is strictly prohibited. The client agrees to indemnify and hold harmless the PROVIDER from any claims resulting from the use of the service which damages the client or any other party.

The CLIENT agrees not to be involved with the following:
* Displaying material that exploits children under 18 years of age;
* Displaying material containing illegal nudity or illegal pornographic material of any kind
* Providing material that is offensive to the online community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc.
* Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;
* Defaming any person or group;
* Promoting or soliciting for participation in multilevel marketing or pyramid schemes.
* Gathering personally identifiable information for unlawful purposes.

The following constitute violations of this AUP:

Illegal Activities: PROVIDER's services may not be used for illegal purposes, or in support of illegal activities. PROVIDER reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm or Endangerment to other people: You may not use PROVIDER’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use PROVIDER’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Unsolicited E-mail, News Bombing (SPAM): Use of the PROVIDER 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 the offending user's account. Anyone hosting websites or services on the server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site or server immediately removed from our network. The site or server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server or site to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server or site from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending user's account.

Copyright or trademark infringement: Use of the PROVIDER service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the PROVIDER service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Network disruptions: Use of the PROVIDER service for any activity which affects the ability of other people or systems to use PROVIDER Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. PROVIDER will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. PROVIDER does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the PROVIDER service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of PROVIDER's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending PROVIDER account is subject to immediate termination.

Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Network Security: PROVIDER accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

Please be advised that you can be held legally liable for the content of your web pages and may be held legally accountable if your web pages include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the permission of the owner.

In addition to these activities, PROVIDER's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and PROVIDER will respond as appropriate to these other activities as well.

By using PROVIDER's services, the customer agrees to indemnify and hold harmless PROVIDER for any loss, liability, claim, damage, attorney's fees and other expenses arising from or in connection with the contents of customer's web pages.
PROVIDER shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with PROVIDER services, including but not limited to damages for copyright infringements, lost profits, loss of use, lost data, loss of privacy, damages to third party, even if PROVIDER has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other sort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.

PROVIDER reserves the right to terminate the services without compensation if it believes in good faith that there is a copyright infringement.

PROVIDER will not review the content of customer's web pages. The customer is solely responsible for everything contained in his (her) web pages. PROVIDER will not verify, endorse or otherwise control the contents of any of customer's web pages but if PROVIDER is made aware of AUP abuse or violation of prohibited content rules, PROVIDER reserves the right to take enforcement action. All opinions and views expressed at the web sites belong to the respective owner and are NOT supported by PROVIDER.

Terms of Service (TOS)

VolkNet.com are the trademarks of VolkNet Enterprises (the Company, PROVIDER) and the services to you are subject to this Terms of Use (TOS). You will hereinafter be referred to as CLIENT, the scope of which definition will include, without limitation, your agents, employers, and employees.
1. Parties. This agreement is between VolkNet Enterprises (the Company, PROVIDER) and the party as specified in the on-line application (CLIENT). Whereas PROVIDER in these Terms is the company, Volknet.com providing services through the web address www.Volknet.com.
2. On-line subscription. CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges that all the information he/she submits on-line is true and correct to the best of his/her knowledge. CLIENT agrees that the act of submitting his subscription form on-line is equivalent to his/her signature. PROVIDER will bill according to the billing period unless a cancellation in writing is received.
3. Linux Web hosting only. This agreement covers all the web hosting services like reseller hosting, shared hosting, virtual private servers, dedicated servers and managed servers.
4. Policies. CLIENT agrees to comply strictly with PROVIDERS "Acceptable Use Policy. CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. The Company reserves the right to update these Terms of Use including, without limitation, changing or discontinuing any of the company services at any time without notice to CLIENT. Any such change or discontinuance will legally bind Customer from the time when the Company publishes an updated version of the TOS on the Web Site. It is CLIENT's sole responsibility, to ensure that CLIENT is up-to-date on the most current version of the TOS.
5. Excluded Services. PROVIDER will not provide services and will terminate existing services immediately without compensation if the CLIENT's web site is involved in any of the following: Pirated software; "Illegal MP3s"; Cracking ("hacking") programs, serials or archives; "Warez" sites; Child Pornography; Gambling; Spamming; Tutorials or guides to build weapons, bombs or any other which can be used as a terrorism material;
6. Billing. All Accounts are monthly accounts and are prepaid unless stated otherwise. The billing cycle runs from the first day the user register his/her account. Volknet.com may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein. Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle. Accounts that are delinquent for more than 30 days are put on "accounting hold", their files are then archived and access is denied. PROVIDER accounts continue to accrue charges while they are on hold.
7. Limitation of Liability. PROVIDER does not warrant to the client that the client will receive continual and uninterrupted services during the Term of this agreement. In no event shall PROVIDER be liable to the Client for damages resulting from or in relation to any failure or delay of PROVIDER to provide services under this Agreement if such delays or failures are due to circumstances beyond our control. Such a failure or delay shall not constitute a default under this agreement. PROVIDER, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the client out of, in connection with or reasonably incidental to the provision of the services by PROVIDER to the Client.
8. Disclaimer of Warranties. While PROVIDER uses all reasonable care in providing the Service, PROVIDER shall not have any liability whatsoever in respect of any loss or damage resulting from the provision of the Service, errors or omission in information provided in relation to the service. PROVIDER liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.
9. Indemnity. END USER, client agrees to defend, indemnify and hold PROVIDER harmless from and against any and all claims, losses, liabilities and expenses (including solicitors' fees) related to or arising out of the Services provided by VolkNet.com to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the Services, but excluding those directly caused by the negligence of PROVIDER. RESELLER client shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER and its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the domain name registration services provided by PROVIDER to the RESELLER.
10. Excused Performances. PROVIDER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond PROVIDER's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable.
11. Modifications. This Agreement is subject to change, by PROVIDER. PROVIDER will not notify the CLIENT about such changes. CLIENT agrees from time to time to have a look at this agreement.
12. Suspension/De-Activation. If any policies are violated, PROVIDER reserves the right to suspend/terminate any account without prior notice and contact the site administrator. Provider's typical action policy is the issuance of a warning first, and account de-activation on the second offense. Serious offenses may require immediate de-activation to protect Provider's best interests without prior notice.
13. Account termination. All payments to PROVIDER are NOT refundable unless the request is made under the 30day money back policy if this policy is offered. Account that is cancelled or terminated by the user after the first 30 days if such policy is available should NOT get returned money back. If the user decides to terminate his/her account at any date of the paid month or year will not receive the money back of the rest of the month or of the rest of the year. Even if RESELLER has to refund collected fees due to fraud, credit card charge backs etc. He is not entitled to refund by PROVIDER.
14. Governing Law. This Agreement was entered into California of the United States of America and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of California of the United States of America applicable to contracts entered into and performed entirely within California of the United States of America.
15. Lawful use of INTERNET. CLIENT agrees to use INTERNET in accordance with the law and with the ethical rules established or to be set up in the future.
16. Quality of Services. Although the PROVIDER will make the best efforts to provide quality and uninterrupted services this is not guaranteed. PROVIDER will not be responsible for any damages a service interruption may cause to the Client. Furthermore PROVIDER will not censor any content on INTERNET. It will be CLIENT's responsibility for the usage of his account and any consequences of this usage.
17. Additional Bandwidth. For shared hosting platforms, extra bandwidth is billed as featured on the shared hosting plans page. In case the client leases a server, then additional bandwidth is charged at pre-arranged additional cost for additional GB bandwidth traffic per month.
18. Mailing Lists. PROVIDER reserves the right to suspend and terminate the user's account without any prior notice if there is a violation of the following procedure: All the mailing lists should be validated. (Authentication email should be sent to email address added to the mailing list, other ways of validations are also welcome) Reseller or user should notify the support team a 24 hours before he is planning to send the news-letters. The notification should contain the number of emails and time of dispatch. If a user is found spamming, the account will be suspended without prior notice. The account will not be unsuspended until the account ceases spamming and the user agrees in written form to not spam again.
19. RESOLUTION OF DISPUTES. Any Claim may be adjudicated by a court of competent jurisdiction located in Contra Costa County, California, or where the defendant is located (in our case Pittsburg, California, and in your case your home address or principal place of business). You and Volknet.com agree to submit to the personal jurisdiction of the courts located within the county of Contra Costa, California.
20. DISCLAIMER OF WARRANTY. ALL SOFTWARE & TEMPLATES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT WILL VolkNet Enterprises, Volknet.com BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.
21. TEMPLATES. As a paid licensee for the templates, the following rights are hereby granted to the client:
1. A non-exclusive and non-transferable license to use the template.
2. To use, modify the template (.psd file) to create clients’ own website.
RESTRICTIONS. • ANY DISTRIBUTIION, RESELL, PUBLISHING of the source code of template (.psd) is STRICTLY PROHIBITED.
• All Images used in the source code cannot be re-distributed separately in any other format.
• Client may not sub-license, assign, or transfer this license to anyone else without prior written consent.
• Client may not claim intellectual or exclusive ownership to any of the templates, modified or unmodified.
EDITING OF FILES. These templates MUST be edited using Adobe Photoshop OR using contractorsUnleashed online web editor. It is your responsibility to ensure you have the right software AND knowledge for editing the files.

Please visit http://www.Volknet.com if you require customization service. There will be no refund after you have downloaded or edited the file. All sales are final.