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Terms Of Service
KU4AY web site hosting
Trroughout this document KU4AY Web Hosting refers to the employees, admimistrators, and all involved in produceing this hosting service.

Unacceptable Content
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless KU4AY Web Hosting and its employees and administrators from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of unacceptable content or links:
- Pornography and sex-related merchandising
- Pirated software
- Hacker programs or archives
- Warez sites

KU4AY Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Pornography and sex-related merchandising is prohibited on all KU4AY Web Hosting servers. This includes sites that may infer sexual content, or link to adult content elsewhere. KU4AY Web Hosting will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to KU4AY servers or any other server on the Internet. Links to such materials are also prohibited.

Sites with banners, graphics or cgi's running from their domain used on other domains:
When you employ services such as Link Exchange or a cgi host who lets 1000's of others link to their site, it is important that you require any sites you exchange ads with to display your ad on their server. Not only will not abiding to this guideline cause your site to load slowly, you will be responsible for the data transfer used in this process.

Sites using more than 20% of system resources:
KU4AY Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms & IRC:
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. We currently do not allow IRC or IRC bots to be operated on our servers.


Email
Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from an KU4AY Web Hosting server or using an e-mail address or domain that is maintained on an KU4AY Web Hosting machine as reference is STRICTLY prohibited. KU4AY Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site's mail server to relay mail without the express permission of the site. KU4AY Web Hosting will be the sole arbiter as to what constitutes a violation of these provisions.


System and Network Abuse
Server Abuse:
Any attempt to undermine, compromise the security of, or otherwise cause harm to any KU4AY Web Hosting server or customer accounts is strictly prohibited and will result in the cancelation of the account.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limited Liability
KU4AY Web Hosting shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with KU4AY hosting services, including but not limited to damages for lost profits, loss of use, lost data, down time, loss of privacy, damages to third party even if KU4AY hosting has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.

Web Hosting will not censor any content on the INTERNET. It will be the CLIENT's responsibility for the usage of his account and any consequences of this usage.


Disclaimer:
KU4AY Web Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by KU4AY Hosting are resold. Thus, certain equipment, routing, software, and programming used by KU4AY Web Hosting are not directly owned or written by KU4AY Web Hosting. Moreover, KU4AY Web Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as KU4AY Web Hosting sees fit.


Account Activation
By activating your account with KU4AY Web Hosting, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.


Billing
Payments may be made via check, money order and credit card. If you select to pay via credit card, your account will automatically be rebilled for furture invoices unless you request otherwise.


KU4AY Web Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

 
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