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KlipyWitz EnterPrizes, LLC ("The Company") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
Use of any KlipyWitz Service constitutes acceptance and agreement
to KlipyWitz's AUP as well as KlipyWitz's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of KlipyWitz EnterPrizes, LLC and AUP (Acceptable Use Policy).
The AUP may be changed from time to time at the discretion of
the Company and with no previous warning. 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 United States of America.
- 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, KlipyWitz shall have the
right to terminate all service set forth in this Agreement at any time, without previous warning.
- 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. The promotional offer is contingent
upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company
by its suppliers.
- 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.
- Payments and Fees: Credit cards that are declined for any
reason are subject to a $1.00 declination fee. Service will
be interrupted on accounts that reach 25 days past due. Service
interrupted for nonpayment is subject to a $100 reconnect
charge. Accounts not paid by due date are subject to a $5.00
late fee. Accounts that are not collectable by KlipyWitz
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 so as outlined in this TOS.
- Refund and Disputes: All payments to KlipyWitz EnterPrizes, LLC 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
KlipyWitz's sole discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to pay KlipyWitz
an "Administrative Fee" of not less than $50 and
not more than $100.
- 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.
- Account Cancellation: All requests for canceling accounts
must be made in writing with at least 30 days notice but not
more than 60 days prior written notice and sent to KlipyWitz
Attn: Cancellations, 2785 Pacific Coast Hwy #202, Torrance, CA, 90505,
or you may call 877-778-7341 or fax the cancellation request
to 877-896-2976. You must clearly provide us with all your account information for cancellation to take place.
- 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.
- New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen complications,
however, this process may sometimes require up to 7 business
days. If the new domain is registered by the account holder,
there will be no handling fee. If the domain is registered
by KlipyWitz EnterPrizes, LLC on behalf of the account holder a handling
fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to the Company,
will require a minimum of seven (7) days to be set up
and entered into our DNS servers. In some cases, such transfers
may take up to sixty (60) days. Due to the unpredictable nature
of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take. If the transfer
of the domain is done by KlipyWitz EnterPrizes, LLC on behalf of the
account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason,
all charges are considered earned.
- Support Boundaries: KlipyWitz, 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: KlipyWitz provides support related
to your server or virtual site physical functioning. KlipyWitz
does not offer tech support for application specific issues
such as cgi programming, html or any other such issue. KlipyWitz
does not provide technical support for YOUR customers. We encourage you to email support@binaryproducts.com
for assistance. If you are able to get online and have other
questions, the answers may be on our home page at http://www.binaryproducts.com/support/
-- 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
contacting tech support.
- SPAM and Unsolicited Commercial Email (UCE): KlipyWitz 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 KlipyWitz may not use or permit others
to use our network to transact in UCE. Customers of KlipyWitz
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.
- Violation of KlipyWitz's SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, KlipyWitz will initiate
an immediate investigation (within 48 hours of notification).
During the investigation, KlipyWitz may restrict
customer access to the network to prevent further
violations. If a customer is found to be in violation
of our SPAM policy, KlipyWitz may, at its sole discretion,
restrict, suspend or terminate customer's account.
Further, KlipyWitz reserves the right to pursue
civil remedies for any costs associated with the investigation
of a substantiated policy violation. KlipyWitz will
notify law enforcement officials if the violation
is believed to be a criminal offense.
- 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 KlipyWitz personnel must spend
to investigate the matter. PLEASE, DO NOT SPAM from
your account.
- As our Customers are ultimately responsible for the
actions of their clients over the KlipyWitz network,
it is advisable that Customers develop a similar,
or stricter, policy for their clients.
- Network
- IP Address Ownership: If KlipyWitz assigns Customer
an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall
belong only to KlipyWitz, and Customer shall have
no right to use that Internet Protocol address except
as permitted by KlipyWitz in its sole discretion
in connection with the Services, during the term of
this Agreement. KlipyWitz shall maintain and control
ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by KlipyWitz, and
KlipyWitz 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"). KlipyWitz
will monitor Customer's bandwidth and disk usage.
KlipyWitz 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
KlipyWitz's sole and absolute discretion. If KlipyWitz
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.
- System and Network Security: Users are prohibited
from violating or attempting to violate the security
of the KlipyWitz Network. Violations of system or
network security may result in civil or criminal liability.
KlipyWitz 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.
- Notification of Violation:
- KlipyWitz 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.
- First violation: Any User, which KlipyWitz 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 KlipyWitz's
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further
violations.
- Second Violation: Users that KlipyWitz 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.
- 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 a customer's
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.
- Suspension of Service or Cancellation: KlipyWitz reserves
the right to suspend network access to any customer if in
the judgment of the KlipyWitz network administrators the
customer's server is the source or target of the violation
of any of the other terms of the AUP or for any other reason
which KlipyWitz 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 machines were
suspended.
- KlipyWitz reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of KlipyWitz
must adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in
the matter described on these Terms and conditions. Therefore,
it is in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms
of use policy.
- Indemnification: KlipyWitz wishes to emphasize that in agreeing
to the KlipyWitz Acceptable Use Policy (AUP) and Terms of
Service (ToS), customer indemnifies KlipyWitz for any violation
of the Acceptable Use Policy (AUP) and Terms of Service (ToS)
that results in loss to KlipyWitz or the bringing of any
claim against KlipyWitz by any third-party. This means that
if KlipyWitz is sued because of a customer's or a customer
of a customer's activity, the customer will pay any damages
awarded against KlipyWitz, plus all costs and attorney's
fees.
- 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 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.
- 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.
- KlipyWitz takes no responsibility for any material
input by others and not posted to the KlipyWitz
Network by KlipyWitz. KlipyWitz is not responsible
for the content of any other websites linked to the
KlipyWitz Network; links are provided as Internet
navigation tools only. KlipyWitz 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.
- KlipyWitz is not responsible for any damages your
business may suffer. KlipyWitz does not make implied
or written warranties for any of our services. KlipyWitz
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 KlipyWitz.
- IRC Servers: KlipyWitz subscribers are not permitted to
run IRC servers on the dedicated Raq’s
- Adult Content: - Adult Content or links to Adult Content are
not permitted on KlipyWitz Servers.
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