Hosting Terms-of-Service
Network Acceptable Use Policies
At KMK Enterprises Custom Web Page Design, Inc., we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers n eed to follow the same rules and guidelines. These policies are inten ded to make KMK Enterprises Custom Web Page Design, Inc.'s Web Hosting Service available to all our customers as consistently and efficiently as possible.User-Supplied Content
All services may be used for lawful purposes only. Through KMK Enterprises Custom Web Page Design, Inc.'s Web Hosting Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") an d make that content available to others. You must not submit, publish, or disp lay on th e Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessi ble through the Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.KMK Enterprises Custom Web Page Design, Inc. is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, KMK Enterprises Custom Web Page Design, Inc. has the right, but not the obligation, to edit, remove or deny access to such content. KMK Enterprises Custom Web Page Design, Inc. and its partners and affiliates may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.
Sites that promote any illegal activity or content that may be damaging to KMK Enterprises Custom Web Page Design, Inc.'s Web Hosting servers or any other server on the Internet are strictly prohibited. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links: Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
Network Security
Customers may not use the Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. KMK Enterprises Custom Web Page Design, Inc. and its partners and affiliates will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.CGI Scripts
Each Web Hosting account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by KMK Enterprises Custom Web Page Design, Inc. is not allowed.Chat Rooms
KMK Enterprises Custom Web Page Design, Inc. prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Customers are provided with a choice of chat room applicat ions to ch oose from. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.Background Running Programs
Background daemons in general are prohibited. KMK Enterprises Custom Web Page Design, Inc. will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.IRC
KMK Enterprises Custom Web Page Design, Inc. currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the Network.Commercial Advertising/Mass Mailings/UCE/SPAM
You must not use the Network, Network equipment or any email address hosted on the Network in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Network, Network equipment or any email address hosted on the Netwrok. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.If you are found to have spammed, without warning, KMK Enterprises Custom Web Page Design, Inc. reserves the right to disable your domain/terminate your account. In addition, KMK Enterprises Custom Web Page Design, Inc. may impose a $100 penalty for each spam policy violation. KMK Enterprises Custom Web Page Design, Inc. solely reserves the right to refuse or cancel service to known spammers. Lastly, KMK Enterprises Custom Web Page Design, Inc. reserves the right to determine what violates this po licy.
As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.Technical Support
Servers are monitored 24/7/365 - if you experience a problem connecting to your Web site via FTP or HTTP, or receiving and sending email, please keep in mind that not all connection problems are server related and quite often reflect momentary lapses in connection and routing across and through the various facets of the Internet. If you experience problems that last for an extended period of time which cannot be traced to your computer system or ISP, please contact us...but, chances are pretty good that Technical Support is already aware of the issue and working to fix it. We will, when possible, notify you in advance of scheduled server outage times due to system and software updates.Intellectual Property Rights
Material accessible to you through KMK Enterprises Custom Web Page Design, Inc.'s Web Hosting Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the KMK Enterprises Custom Web Page Design, Inc. Web Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Network. If you use a domain name in connection with the KMK Enterprises Custom Web Page Design, Inc. Web Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.Refusal of Service
KMK Enterprises Custom Web Page Design, Inc. reserves the right at its sole discretion to refuse or cancel service. Violation of any of KMK Enterprises Custom Web Page Design, Inc.'s Terms of Service could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.Indemnification
Customer agrees that it will protect, indemnify, save and hold KMK Enterprises Custom Web Page Design, Inc., its partners and affiliates harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against KMK Enterprises Custom Web Page Design, Inc., its agents, customers, officers, employees, partners, affiliates and administration th at may arise or result from any service pro vided or performed or agr eed to be performed or an y product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold KMK Enterprises Custom Web Page Design, Inc. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with KMK Enterprises Custom Web Page Design, Inc.'s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from KMK Enterprises Custom Web Page Design, Inc.'s Web Hosting Services.Governing Law, Jurisdiction, and Venue
Any disputes arising from this agreement will be litigated or arbitrated in Jersey County, Illinois. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, USA.Customer's Sole Remedy
KMK Enterprises Custom Web Page Design, Inc.'s entire liability and Customer's exclusive remedy shall be the refund of up to thirty (30) days of service.Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH KMK ENTERPRISES CUSTOM WEB PAGE DESIGN, INC. IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY KMK ENTERPRISES CUSTOM WEB PAGE DESIGN, INC. OF THE RISK OF CUSTOMER'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT KMK ENTERPRISES CUSTOM WEB PAGE DESIGN, INC., ITS PARTNERS AND AFFILIATES SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of KMK Enterprises Custom Web Page Design, Inc. to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to KMK Enterprises Custom Web Page Design, Inc. by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of KMK Enterprises Custom Web Page Design, Inc. arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were KMK Enterprises Custom Web Page Design, Inc. to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.Satisfaction Guaranteed
KMK Enterprises Custom Web Page Design, Inc. offers a 30 day money back guarantee on our web hosting services. If you are not completely satisfied with our web hosting services within the first 30 days of your contract, you will be given a full refund of the hosting amount excluding setup fees, domain registration fees and overages.Disclaimer
KMK Enterprises Custom Web Page Design, Inc. will not be responsible for any damages your business may suffer. KMK Enterprises Custom Web Page Design, Inc. makes no warranties of any kind, expressed or implied for services we provide. KMK Enterprises Custom Web Page Design, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by KMK Enterprises Custom Web Page Design, Inc. and its partners, affiliates and employees. KMK Enterprises Custom Web Page Design, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. KMK Enterprises Custom Web Page Design, Inc. furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, KMK Enterprises Custom Web Page Design, Inc. wishes to emphasize that in accepting services, customers indemnify KMK Enterprises Custom Web Page Design, Inc. for the violation of any law or KMK Enterprises Custom Web Page Design, Inc. policy, that results in loss to KMK Enterprises Custom Web Page Design, Inc. or the bringing of any claim against KMK Enterprises Custom Web Page Design, Inc. This means that if KMK Enterprises Custom Web Page Design, Inc. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against KMK Enterprises Custom Web Page Design, Inc., plus costs and reasonable attorneys' fees.Confidentiality Statement
We at KMK Enterprises Custom Web Page Design, Inc. insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card and bank information, will be kept strictly confidential and used solely by KMK Enterprises Custom Web Page Design, Inc., its representatives and employees, for the purposes for which it was intended, for the benefit of the sub scriber. We agree not to share or release such information to any individu al, entity, or t hird party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and h andled at all times by authorized KMK Enterprises Custom Web Page Design , Inc. staff members only.If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
This agreement, user account, and billing will automatically renew unless cancelled in writing 15 days or more prior to the renewal date. If applicable, a cancellation fee equal to one month's web hosting fee will apply.
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