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KEYNETZ reserves the right to suspend or cancel a client's access to any or all services should we decide, in our own estimation, that an account has been inappropriately used. This applies to all accounts held by a client in the event that one account is used inappropriately. Overdue accounts will be sent to collections and access to account will be suspended until account has been paid up to date.
Server Abuse Any attempt to cause
harm to a server or client of KEYNETZ or to
access files and services for which you are not specifically authorized
is strictly prohibited.
Any use or attempted
use of an Internet account or computer without the owner's authorization
is prohibited and may result in prosecution under the full extent
of the law and may include, but is not limited to: warnings, account
suspension or cancellation, and civil or criminal legal action.
KEYNETZ reserves the right to discontinue service or deny access
to anyone who violates our terms and conditions and further reserves
the right to do so WITHOUT WARNING. If an account is terminated for
violation of our terms of service no refunds will be made for any
fees paid, including set-up fees and payments in advance for any period
of time.
Authorized Use
of Servers KEYNETZ Web Hosting servers are for web hosting only. Any use of
the servers for bulk emailing, unsolicited emailings, newsgroup spamming,
illegal content, copyright or trademark infringement, warez, cracks,
software serial numbers, or links to any of the above services, including
through third-party banner-link programs, is strictly prohibited.
Use of the servers for running game or IRC servers or bots is prohibited.
Sites containing "hate" content, content promoting physical
harm to any individual or group, content that exploits individuals
under the age of 18 years is likewise prohibited. Sites with adult
content are not permitted on servers.
Data Transfer Each account includes
a specific data transfer allowance. However, this is not a limit.
Your site will be able to use whatever amount of bandwidth it requires
and you will be billed at then-current rates for bandwidth (see your
account description for details) in excess of your data transfer allowance.
By hosting a site with us you accept these charges. You are responsible
for all data transfer to and from your account.
Spam & Other
Unsolicited Email Sending spam and other
unsolicited email is strictly prohibited. This includes, but is not
limited to, any email which solicits the recipient to visit your site
or purchase a product. You may not use an outside, third-party mailer
to send spam for your site hosted on our servers or network (spam-vertising),
even if they or you do not send the spam through our network.
You may further not
post advertisements to non-advertising newsgroups or other public
forums with any posting referencing your site on our servers in any
way, including using your email address hosted with us.
You may not use your
account with us to harass any individual in any way. A single message
sent after an individual has requested that you cease contact may
be considered harassment.
Technical Support Reasonable technical
support will be provided at no cost during KEYNETZ regular business hours by incoming phone call or email. Free technical
support does not include programming assistance, HTML assistance,
web design assistance, assistance in using your personal computer,
or any assistance with services not provided by KEYNETZ or specifically excluded in this document or elsewhere
in any KEYNETZ publication. KEYNETZ reserves the right to define a level of technical support
as unreasonable and to enforce limits. Clients may opt to purchase
additional technical support, if available, including but not limited
to the above-described services at the then-current rates, available
from our sales staff. Although Keynetz servers are backed up on a nightly basis, * Keynetz is not responsible for sites using custom portals or scripts. If your site has a backup utility Use It! Charges apply for sites that require restoration or back ups.
Technical support
will not be provided to anyone but the account holder. Technical support
will not be provided to resellers' customers unless a specific technical
support contract has been purchased for that purpose.
Provided Services While we will make
every effort to provide all reasonable upgrades and new technology,
KEYNETZ is not obligated to provide any services
not described in any of our publications and is not obligated to provide
any services which we opt to cancel at any time. In the event that
we cancel or discontinue a major service we will provide prorated
refunds to those clients who choose to cancel service.
If you require a service
which is not described in our publications or account descriptions
we will make every effort to provide it, within reason if it is not
detrimental to the servers or network. If you require a commercial
application which is not installed on our servers and is not in high
demand we may, at our option, give you the option of purchasing the
application from the vendor for installation.
Payment Policies All accounts are provided
on a prepaid basis. Payment must be received prior to account activation
and must be received before each renewal date. Accounts paid
by credit card for monthly or quarterly billing will be automatically
charged. Accounts paid by credit card for annual billing will not
be annually charged except by request of the client. The client is
responsible for ensuring that all monthly and quarterly payments paid
by check or money order are delivered on time. Invoices will be
sent for these amounts, emailed invoice at any time for your current
charges.
Payment is accepted
via Visa, Mastercard, American Express, in Canadian Funds. There is
a $25 fee per returned check or per credit card chargeback received
in addition to the fees due for service.
The client is responsible
for all money owed on the account, including bandwidth charges, returned
payment charges, and any other charges incurred from the date of account
set-up through the date of cancellation. Please see the following
section for important information regarding cancellation.
If an account is deactivated
by KEYNETZ for nonpayment, a reactivation fee
of $25 will apply. Any administrative changes or additions to your
account will result in a fee of $5.00 per change.
Cancellation Policy Accounts are considered
active, whether in use or not, until the client notifies KEYNETZ in writing and receives confirmation of receipt of cancellation.
This policy has been put in place to protect KEYNETZ.
We will work with any clients who wish to cancel service and have
no intent, by the implementation of this policy, to make lives difficult.
On the contrary, we wish to keep all of our clients happy and satisfied
with service, even in the event of cancellation. All cancellation
requests must be confirmed by some method of identity verification
for the client's protection. This will usually be the last four digits
of the credit card used to set up the account. Please keep this information
with your account information!
Phone requests for
cancellation will not be accepted for security reasons. Requests must
be made by email with confirmation or in writing.
Refunds All accounts with
KEYNETZ include a 7 day money-back satisfaction guarantee. If you
are not completely satisfied with our services within the first 7
days after setup of your first account, you will be given a full refund
of the contract amount excluding setup fees and domain registration
fees.
Refunds will not be made for any setup fees, data transfer overage fees, or any other services which were provided but are not included in the standard account offering.
Refunds are not available for domain name registration for any period of time after the domain has been registered.
Phone requests will not be accepted for refunds. Refund requests must be made by email with confirmation or in writing.
Account Contact
Information The client is responsible
for keeping KEYNETZ informed of any changes
to their name, mailing address, phone number, or email address.
Electronic Commerce
and eCommerce Security
You are responsible for the security of any of your customers' credit
card numbers or other vital and/or sensitive information which you
may have access to as a result of conducting electronic commerce on
our servers and/or network.
You are responsible
for ensuring that all products offered on your website are offered
in compliance with all relevant local laws and for calculating and
collecting any relevant sales tax.
IP Addresses KEYNETZ shall maintain control over all IP addresses assigned to
hosted domains and servers and reserves the right to change said IP
addresses with one day's notice, except in an emergency situation,
in which case IP addresses may change without notice. We are not responsible
for any downtime or outages caused by clients who choose to host their
DNS elsewhere. We provide DNS hosting services included with all of
our hosting accounts and as such urge our clients to take advantage
of this service.
*Note: This service
is included by default, unless you specifically choose to host your
DNS elsewhere you need not be concerned about this issue.
Domain Name Registration If the client requests
domain name registration for any period of time he agrees to pay for
that period in full at the then-current rates and understands that
no refund is available for domain name registration under any circumstances.
In the event of an unresolved returned payment (insufficient funds,
credit card chargeback, etc.) the client agrees to transfer ownership
of the domain to KEYNETZ without reservation
of any sort, including the right to make the domain name available
to other parties for purchase. Reversion of registration to the client,
in this event, is subject to our regular returned payment and reactivation
fees.
Refusal of Service
KEYNETZ reserves the right to refuse service
to anyone.
Indemnification CUSTOMER AGREES THAT
IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD KEYNETZ HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST KEYNETZ
Information Technology, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES,
THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR
AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS,
EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS WEB SERVE PRO AGAINST LIABILITIES ARISING OUT OF; (1) ANY
INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH KEYNETZ SERVERS
OR NETWORK; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY
INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT
INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM
KEYNETZ SERVERS OR NETWORK.
Disclaimer KEYNETZ WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. KEYNETZ MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. KEYNETZ 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 KEYNETZ AND ITS EMPLOYEES. KEYNETZ
Information Technology RESERVES THE RIGHT TO REVISE ITS POLICIES AT
ANY TIME.
ALL SUB-NETWORKS,
RESELLERS AND DEDICATED SERVERS OF KEYNETZ MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW
ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
KEYNETZ reserves the right to make changes to this policy. Any
such changes will become effective immediately after notice of said
changes is posted on our website, sent out via email, or sent out
via postal mail, at our discretion.