Kaidok Technologies, LLC. ("The Company") agrees to
furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of Kaidok Technologies, LLC Service constitutes acceptance
and agreement to Kaidok Technologies, LLC's AUP as well as Kaidok
Technologies, LLC's TOS (Terms of Service).
All
provisions of this contract are subject to the TOS (Terms of Service)
of Kaidok Technologies, LLC, Inc. and AUP (Acceptable Use Policy).
The AUP may be changed from time to time at the discretion of
the Company. Subscriber understands that change to the AUP by
the Company shall not be grounds for early contract termination
or non-payment.
This
Agreement shall be construed in all respects in accordance with
the laws of the state of Alaska to contracts enforceable in that
state.
1. Disclosure to Law Enforcement:
The
AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may
disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification
to the Subscriber. In addition Kaidok Technologies, LLC shall
have the right to terminate all service set forth in this Agreement.
2.
Service Rates:
Subscriber
acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change
the specified rates and charges from time to time.
3.
Payment:
Establishment
of this service is dependent upon receipt by the Company of payment
of stated charges. Subsequent payments are due on the anniversary
date of the month for that month's service.
4.
Payments and Fees:
Credit
cards that are declined for any reason are subject to a $1.00
declination fee, credit cards will be processed on a daily basis.
Accounts that become past due will be suspended immediately upon
going past due. Service interrupted for nonpayment is subject
to a $10.00 reconnect charge. Accounts not paid by due date are
subject to a $7.95 late fee. Accounts that are not collectable
by Kaidok Technologies, LLC may be turned over to an outside collection
agency for collection. If your account is turned over for collection,
you agree to pay the company a "Processing and Collection"
Fee of not less than $50 nor more than $150. If you desire to
cancel your account, please follow the proper procedure to do
this as outlined in this TOS.
5.
Refund and Disputes:
All
payments to Kaidok Technologies, LLC, Inc. are nonrefundable.
This includes the one time setup fee and subsequent charges regardless
of usage. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in Kaidok Technologies,
LLC's sole discretion is a valid charge under the provisions of
the TOS and /or AUP, you agree to pay Kaidok Technologies, LLC
an "Administrative Fee" of not less than $50 and not
more than $150.
6.
Failure to Pay:
The
Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination
or denial will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and any
collection
fees.
7.
Account Cancellation:
Requests
for canceling accounts may be made in writing with at least 30
days notice but not more than 60 days prior written notice and
sent to:
Kaidok
Technologies, LLC
Attn: Cancellations
18208 108th ST CT E
Bonney Lake, WA 98391
Kaidok
Technologies, LLC's preferred method of cancellation is via the
Support Desk. Please log into the Support Desk section at http://support.kaidok.net/
and you can request to have your service cancelled there. You
must have all account information to cancel.
8.
Interruption of Service
Subscriber
acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence
of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
9.
Support Boundaries:
Kaidok
Technologies, LLC, provides 24 x 7 technical support to our subscribers
(except for few holidays and short company meetings when we close
our center.) We limit our technical support to our area of expertise.
The following is our guidelines when providing support: Kaidok
Technologies, LLC provides support related to your service or
virtual site physical functioning. Kaidok Technologies, LLC does
not offer tech support for application specific issues such as
cgi programming, html or any other such issue unless it is in
corolation to a product purchased from Kaidok Technologies, LLC
Development Division and such support may involve fees. If you
have access to email we encourage you to email support@kaidok.com
for assistance. If you are able to get online and have other questions,
the answers may be on our home page at http://support.kaidok.net/
- we encourage you to check there first. Lastly, the Help files
in the program you are using may have the answer to your question
so please do investigate these resources before calling tech support.
10.
SPAM and Unsolicited Commercial Email (UCE):
Kaidok
Technologies, LLC takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of Kaidok Technologies,
LLC may not use or permit others to use our network to transact
in UCE. Customers of Kaidok Technologies, LLC may not host, or
permit hosting of, sites or information that is advertised by
UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
A.
Violation of Kaidok Technologies, LLC's SPAM policy will result
in severe penalties. Upon notification of an alleged violation
of our SPAM policy, Kaidok Technologies, LLC will initiate an
immediate investigation (within 48 hours of notification). During
the investigation, Kaidok Technologies, LLC may restrict customer
access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, Kaidok Technologies,
LLC may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Kaidok Technologies, LLC reserves
the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. Kaidok
Technologies, LLC will notify law enforcement officials if the
violation is believed to be a criminal offense.
B.
First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account. Users
who violate this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed
$175 per hour that Kaidok Technologies, LLC personnel must spend
to investigate the matter. PLEASE, DO NOT SPAM from your account.
IMPORTANT
NOTICE:
BEGINNING
IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed
in any of the various Spam Databases will have their server immediately
removed from our network. The 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 to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the server 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.
11.
Network:
IP
Address Ownership: If Kaidok Technologies, LLC assigns Customer
an Internet Protocol address for Customer's use, the right to
use that Internet Protocol address shall belong only to Kaidok
Technologies, LLC, and Customer shall have no right to use that
Internet Protocol address except as permitted by Kaidok Technologies,
LLC in its sole discretion in connection with the Services, during
the term of this Agreement. Kaidok Technologies, LLC shall maintain
and control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by Kaidok Technologies, LLC,
and Kaidok Technologies, LLC reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its
sole and absolute discretion. Our allocation of IP addresses is
limited by ARIN's new policies. These new policies state that
use of IP addresses for IP based virtual hosts will not be accepted
as justification for new IP addresses. What this means to you
is that you MUST use name-based hosting where possible. We will
periodically review IP address usage, and if we find that clients
are using IP addresses where name-based hosting could be used,
we will revoke authorization to use those IP addresses that could
be used with name-based hosting.
Bandwidth
and Disk Usage: Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed Usage").
In the event of over-usage
of bandwidth, customers will be assessed a fee of $0.50 / 1GB.
Kaidok Technologies,
LLC will monitor Customer's bandwidth and disk usage. Kaidok Technologies,
LLC shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in Kaidok Technologies,
LLC's sole and absolute discretion. If Kaidok Technologies, LLC
takes
any corrective action under this section, Customer shall not be
entitled to a refund of any fees paid in advance prior to such
action. In the event that a customer exceeds the included allocation,
Kaidok Technologies, LLC may, at its sole discretion, collect
a deposit, in an amount determined by Kaidok Technologies, LLC,
against customer's credit card on file with Kaidok Technologies,
LLC.
System
and Network Security: Users are prohibited from violating or attempting
to violate the security of the Kaidok Technologies, LLC Network.
Violations of system or network security may result in civil or
criminal liability. Kaidok Technologies, LLC will investigate
occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
Users who are
involved in such violations. These violations include, without
limitation:
Accessing
data not intended for such User or logging into a server or account,
which such User is not authorized to access.
Attempting
to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization.
Attempting
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging
any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Taking
any action in order to obtain services to which such User is not
entitled.
12.
Notification of Violation:
A.
Kaidok Technologies, LLC is under no duty to look at each customer's
or user's activities to determine if a violation of the AUP has
occurred, nor do we assume any responsibility through our AUP
to monitor
or police Internet-related activities.
B.
First violation: Any User, which Kaidok Technologies, LLC determines
to have violated any element of this Acceptable Use Policy, shall
receive an email, warning them of the violation. The service may
be
subject at Kaidok Technologies, LLC's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations.
C.
Second Violation: Users that Kaidok Technologies, LLC determines
to have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
D.
We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In
particular, if open relays are on your network, or if denial of
service attacks are originating from your network. In certain
rare cases, we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is feasible.
13.
Suspension of Service or Cancellation:
Kaidok
Technologies, LLC reserves the right to suspend network access
to any customer if in the judgment of the Kaidok Technologies,
LLC network administrators the customer's service is the source
or target of the violation of any of the other terms of the AUP
or for any other reason which Kaidok Technologies, LLC chooses.
If inappropriate activity is detected, all accounts of the Customer
in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding the activity.
The customer will not be credited for the time the customer's
services were suspended.
14.
Policy Amendments
Kaidok
Technologies, LLC reserves the right to amend its policies at
any time. All Customers must adhere to the above policies. Failure
to follow any term or condition will be grounds for immediate
cancellation.
15.
Indemnification:
Kaidok
Technologies, LLC wishes to emphasize that in agreeing to the
Kaidok Technologies, LLC Acceptable Use Policy (AUP) and Terms
of Service (ToS), customer indemnifies Kaidok Technologies, LLC
for any violation of the Acceptable Use Policy (AUP) and Terms
of Service (ToS) that results in loss to Kaidok Technologies,
LLC or the bringing of any claim against Kaidok Technologies,
LLC by any third-party. This means that if Kaidok Technologies,
LLC is sued because of a customer's activity, the customer will
pay any damages awarded against Kaidok Technologies, LLC, plus
all costs and attorney's fees.
16.
Miscellaneous Provisions:
You
must provide us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used, in that
order of preference.
A.
A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver of any
breach of
any other provision thereof.
B.
Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract
at anytime without further obligation.
C.
Kaidok Technologies, LLC takes no responsibility for any material
input by others and not posted to the Kaidok Technologies, LLC
Network by Kaidok Technologies, LLC. Kaidok Technologies, LLC
is not responsible for the content of any other websites linked
to the Kaidok Technologies, LLC Network; links are provided as
Internet navigation tools only. Kaidok Technologies, LLC disclaims
any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation
of this policy.
D.
Kaidok Technologies, LLC is not responsible for any damages your
business may suffer. Kaidok Technologies, LLC does not make implied
or written warranties for any of our services. Kaidok Technologies,
LLC denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
Kaidok Technologies, LLC.
E.
It is absolutely forbidden to host pornographic content or IRC
servers on Virtual Server Accounts. Virtual Server Accounts found
hosting this material will be subject to immediate cancellation
without refund.
17.
Responsibility for Content:
You,
as Kaidok Technologies, LLC's customer, are solely responsible
for the content stored on and served by your Kaidok Technologies,
LLC server.
18.
Abuse Towards Our Staff or Network Staff:
Abuse
Towards our staff or our network staff will not be tolerated,
If you use foul language, threaten us, or anything we may find
offensive, we may suspend your account, or if we decide it needs
to be, delete it and offer no refund. Per our AUP and TOS, We
offer No Refunds.
View our copyright page for copyright
information.