1. Thank you for your business.
This document constitutes TikiHosting.com’s (“TikiHosting.com”, “we”, "us" or“our”) Acceptable Use Policy ("AUP"), and it outlines our expectations and your responsibilities when utilizing our Services, as defined in our Terms of Service (“ToS”). TikiHosting.com is run by EvoluData Solutions Inc. ("Company", "we", "us", or "our") to host service that offers the ideal solution for businesses and organizations seeking to utilize Tiki CMS for their websites or applications. This AUP is the framework that governs your use of our Services. We retain the right to periodically update this AUP. The most recent version will always be available here.
2. This Acceptable Use Policy (AUP), along with our other Policies, forms an integral part of your contractual relationship with us. If you are a direct client, you have expressly agreed to these Policies by checking the "I agree" box in our Terms of Service or by using the Services. You are also bound by this AUP if you are not our direct client but using our services. It's important to note that if you receive Services from third parties via TikiHosting.com, you can also be bound by their policies. We firmly advise you to review these policies.
3. TikiHosting.com refrains from engaging in monitoring any content submitted, retained, distributed, or disseminated by the Client through the utilization of the Products or the Client's website(s), the Client's clientele, and/or the Client's users, herein collectively referred to as "Client Content." In the act of posting or disseminating Client Content on the Website(s) or via the Products, the Client hereby affirms and guarantees to TikiHosting.com that:
3.1 The Client possesses all requisite rights to distribute the Client's Content; and
3.2 The Client Content does not infringe upon the rights of any third party.
4. The utilization of the Websites and Products is restricted to lawful purposes as delineated in this Acceptable Use Policy (AUP) and TikiHosting.com’s Terms of Service (ToS).
5. The client is explicitly prohibited from employing the Websites or Products in the manners that:
5.2 Disrupts TikiHosting.com's operations hamper the provision of the Products by TikiHosting.com or cause harm to any of our clients, affiliates, directors, officers, employees, partners, brands, or products.
5.3 Threatens or destroys any security measures utilized in conjunction with or integrated into the Websites or Products.
5.4 Engages in harmful activities towards minors or derogatory, defamatory, or otherwise disparaging behavior, including making pejorative statements concerning TikiHosting.com and/or any of its affiliates, directors, officers, employees, partners, brands, or Products.
5.5 Transmits content or information that is inappropriate, offensive, sexually explicit, disrespectful, pornographic, pertaining to nudity or adult content, defamatory, libelous, harassing, racist, obscene, profane, tortious, abusive, illegal, prejudiced, discriminatory, or otherwise objectionable or inappropriate in nature.
5.6 Transmits marketing, advertising, or promotional materials, including unsolicited bulk or commercial emails often referred to as "spam" or "junk mail."
5.7 Participates in disruptive activities within the online realm or attempts to alter, sublicense, adapt, translate, reverse engineer, sell, disassemble, or decompile any component of a Product or the functionality of the Websites.
5.8 Promoting any form of illegal activity through your use of the Products or Websites.
5.9 Engaging in actions that could reasonably be deemed detrimental to the Company's goodwill, public image, or overall reputation.
5.10 Assuming the identity of another person or entity or making false representations about professional affiliations or associations with any person or entity.
5.11 Transmitting content, data, or material that infringes upon the intellectual property rights or other personal rights, including privacy rights, of third parties.
5.12 Expressing or implying that the statements, activities, or causes of any user are endorsed by the Company.
5.13 Transmitting content, data, or material that contains malicious or harmful software, such as viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or similar programs.
5.14 Collecting, or attempting to collect, personal information about users or third parties without their prior knowledge and affirmative consent.
5.15 Utilizing the Products and/or Websites to engage in unsolicited, unwanted, or harassing communications, such as SMS messages, phone calls, voicemail, chat, video, or email.
5.16 Disclosing proprietary information belonging to the Company or its affiliates.
5.17 Using the Websites or Products to collect information about other users, including their telephone numbers or email addresses, without obtaining explicit prior consent or through fraudulent means.
5.18 Knowingly receiving, utilizing, reusing, uploading, posting, transmitting, or downloading any content that could be considered offensive, violent, harassing, hateful, defamatory, or otherwise objectionable; encouraging pornography, adult content, or other sexually explicit content; or encouraging discrimination or violence based on race, religion, nationality, sex, or gender.
5.19 Employing or posting commercial audio streaming, using push-button mail scripts that allow specifying recipient email addresses, employing ad servers, attempting to circumvent quota systems, engaging with specific podcasting sites, using torrent software or proxies, engaging in excessive resource usage, or attempting to bypass security policies, procedures, or systems of the Company or other sites, and employing anonymous or bulk SMS gateways or posting image hosting scripts that enable anonymous users to upload images for display on other websites or BitTorrent trackers
5.20 Engaging in the posting and/or storage of materials that promote violence, hate speech, and/or terrorism, and utilizing or posting commercial audio streaming or banner advertisement services for presentation on other websites or devices (commercial banner ad rotation).
6. The Client acknowledges and accepts that TikiHosting.com, at its sole and absolute discretion, determines whether any transmitted or received information violates the section above. Additionally, the Client agrees to indemnify and hold harmless the Client and its employees, officers, directors, and agents from any claims or demands, including reasonable attorney's fees, brought by a third party arising from the Client's breach of this Section.
7. The Client bears exclusive responsibility and assumes all liability for any claims or demands, including the reimbursement of reasonable legal fees, brought forth by a third party due to any and all client content submitted via their account. This obligation extends to safeguarding the company, its employees, officers, directors, and agents from such claims or demands.
8. The Client shall assume full responsibility and liability, and further undertake to indemnify the company, including its employees, officers, directors, and agents, against any third-party claims or demands, which may include legal fees. These claims may arise from errors in network configurations, leading to unnecessary network traffic on the company's platforms, or deliberate or accidental denial of service, caused by manipulating network protocols or using unassigned IP addresses. Such actions could result in product disconnection and account suspension or termination as decided by the company. Any loss of account functionality due to these actions falls solely on the customer.
9. TikiHosting.com retains the unilateral authority to remove any content, including Client Content, that it considers illegal, inappropriate, or in violation of Company or applicable third-party policies, including the AUP. In the event of a violation, the Company will take necessary actions, such as disclosing the Client's personal information to third parties or law enforcement or suspending/terminating access to the Products and Websites. By agreeing to this AUP, the client releases TikiHosting.com, its employees, officers, directors, affiliates, licensees, and service providers from any claims arising from such actions by any of the aforementioned parties during investigations by the Company or law enforcement authorities. If corrective action is taken by the Company due to a violation of this AUP, any prepaid fees will not be refunded, and the Client acknowledges that the Company assumes no liability for such corrective actions.
10. TikiHosting.com encourages individuals or entities who suspect a violation of this AUP or any other Company policy to report it. Reports can be submitted online, and inquiries regarding this AUP can be directed to the provided email or postal address.