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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.
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 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 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 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 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 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 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 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 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 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.
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