The Products and Services offered at www.ekonekta.com with the agreement applies to customers of the following services of EKONEKTA HOSTING SERVICES.
1.0 Right to Refusal Without Cause
1.1 ekonekta may refuse to accept any customer or any website for participation in the EKONEKTA HOSTING SERVICES hosting network as determined by ekonekta at its sole discretion.
2.0 Modification of Agreement
2.1 ekonekta reserves the right to change the Terms and Conditions at any time. It is the customer's responsibility to check these Terms and Conditions from time to time for such changes. In the event the ekonekta offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.
3.0 Hold Harmless (a)
3.1 The customer agrees to indemnify and hold EKONEKTA HOSTING SERVICES. and its affiliates, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any and all claims and lawsuits for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) the participation of the customer in the EKONEKTA HOSTING SERVICES hosting network , (ii) operation of the customer's web site or any URL submitted to EKONEKTA HOSTING SERVICES. for participation in the EKONEKTA HOSTING SERVICES or (iii) otherwise arising from customer's relationship with EKONEKTA HOSTING SERVICES. The customer also agrees to indemnify EKONEKTA HOSTING SERVICES for any legal fees incurred by EKONEKTA HOSTING SERVICES, acting reasonably, in investigating or enforcing its rights under this agreement.
4.0 Account Termination
4.1 EKONEKTA HOSTING SERVICES reserves the right to cancel an account at will at its sole discretion. A customer may terminate an account with EKONEKTA HOSTING SERVICES, given that the following provisions are meeting:
4.1.1 Account is in good standing, all payments have been made;
4.1.2 Account does not host content which is not allowed on 4.1.1 Account is in good standing, all payments have been made;
4.1.2 Account does not host content which is not allowed on 4.1.1 Account is in good standing, all payments have been made;
4.1.2 Account does not host content which is not allowed on 4.1.1 Account is in good standing, all payments have been made;
4.1.2 Account does not host content which is not allowed on 4.1.1 Account is in good standing, all payments have been made;
4.1.2 Account does not host content which is not allowed on EKONEKTA HOSTING SERVICES, hosting network or Servers;
4.1.3 Account has no pending warnings / complaints.
4.1.4 Account holder completes the required form on ekonekta's customer control area of web site (under control tab) in order to terminate account in system;
5.0 Illegal Activity
5.1 ekonekta hosting services may only be utilized for lawful purposes. Any actions by the customer that violate state laws, federal, local, or international laws are strictly prohibited, and will result in immediate removal of the customers account, including any files that may be stored within the account. The following activities are forbidden, and will result in immediate dismissal of customer accounts and files.
5.2 Host, or serve any material that contains threatening, unlawful, abusive, obscene, offensive, or otherwise material that ekonekta finds inappropriate, will result in removal of services.
5.2.1 The hosting of unlicensed software that is available to the public;
5.2.2 Software or files that contain computer viruses or files that may harm user's computers;
5.2.3 Sending unsolicited or prohibited advertisements, or mass e-mails will result in immediate termination of customers account;
5.3 As mentioned, the utilization of ekoneta services for unlawful activity is forbidden. In addition, upon activation of customers account, customer agrees to give ekonekta the permission to disclose any, or all available information collected to law enforcement upon written request by enforcement agency. Information that may be disclosed includes, but it not limited to IP addresses, account history, and files stored on ekonekta servers; hosting network or Servers;
6.0 Agreement Activation
6.1 Customer agrees upon activation of ekonekta services that ekonekta rates were clearly visible, and have been communicated to the customer. Customer is also aware that rates may change from time to time, and in this case, customer will first be notified before any additional charges are posted on the customers account.
6.2 This agreement is active once the customer has submitted the information located at the EKONEKTA HOSTING SERVICES. Order Forms, and has been approved by ekonekta. The duration of this agreement depends on the plan selected by the customer. Plans include, but are subject to change at any time: Monthly Billing, Quarterly Billing, and Yearly Billing. All packages are to be prepaid, as set forth in the plan section of ekonekta.com, and if the customer decides to cancel any services before they have utilized services that they have already submitted payment for, customer realizes that a refund is subject to ekonekta's approval, or denial.
7.0 Cancellations and the "Risk Free" Money Back Guarantee in Detail - It is important that you read this section before submitting a cancellation form. Once you have read this section, you may cancel at the following website URL (copy/paste into your browser) http://www.ekonekta.com/html_files/cancelaccount.php
7.1 ekonekta as earlier mentioned provides an RISK-FREE Money Back Guarantee. This covers payments and pre-payments made within the 30 days (our MBG time frame has changed. Customers who join ekonekta on will be given a 30 day Money Back Guarantee period. After joining ekonekta's web hosting services. Our guarantee does not cover any and all setup fees incurred while signing up for ekonekta services. In addition, prepayments for long-term web hosting packages will pro-rated before refund is issued. In short, you will be refunded a pro-rated amount less any incurred setup, configuration or over usage costs. Closed web hosting accounts are not eligible for this money-back guarantee if terminated for violation of our Terms of Service or Acceptable Use Policy by ekonekta -- regardless if the cancellation form was submitted. The rate quoted during sign up will be used to pro-rate refunds. All cancellation requests must be made via our cancellation request form found at the support tab of our site. The money-back guarantee applies to situations of ekonekta's fault that result in you not being satisfied with ekonekta services.
7.2 Refunds are only issued if the cancellation is within the allowed period. The allowed period is defined as: A 30 day period includes all weekends, holidays, business days, and day of purchase. Period begins on day of purchase and ends at the end of the 30 day from the day of purchase.
7.3 While ekonekta issues refunds on a regular basis when the above conditions are met and the closed account is in good standing, ekonekta reserves the right to refuse a refund at its sole discretion in order to protect itself against abuse of our generous guarantee policy.
7.4 ekonekta Services, Inc. will issue refunds only using the same method of payment that was made to ekonekta Services, Inc. We do not issue cash refunds.
7.5 Accounts must be in financial good standing before they can be closed. You must not have any failed invoices or unpaid invoices on your account. Any invoices due within 72 hours before or after of submitting a cancellation form must be paid before the cancellation will be processed.
7.6 Time from cancellation to completed processing. Due to the process involved in closing an account, it may take up to 30 business days to close your account fully. Refund is the final step in the cancellation process, and will be issued once the remainder of the process is over. Due to our bank and bank delays, once a refund is issued it will take up to 72 hours for it to be reflected on your bank statement.
In certain cases, a cancellation may take longer than 30 business days to complete. And, while The Company will do everything in its power to complete your cancellation on time and issue any due refunds on time, the following are some reasons that cancellations may be delayed:
* A delay in response to questions, or communication sent to you.
* Account was not confirmed and was pending confirmation (in this case we have to wait for confirmation to be received.)
* Account is not current or not completed and has overdue payments due that must be taken care of before the account can be closed.
7.7 Domain Names (For information regarding free domain names and cancellation/refund please see section 8.2 below.) ekonekta is an active registration service provider for many of our customers, registering your domain name. Most of our customer domain names are auto-renewed. In certain cases auto-renewal may be disabled (for example, if you are past-due on a payment we may decide to disable auto-renew on your domain name so we do not pay for a service you are not using/paying for.) If your domain name expires because of auto-renew being disabled, notify us right away and we will attempt to renew the domain name. If the domain name has been pushed into redemption period, then you are responsible for payment of a one-time $150 redemption fee to renew your domain. Alternativly, you may register a different domain at this time at no cost (if your account has free domain capability) or $21.95/year.
7.8 NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Clients are responsible for full payment on all accounts whether or not the account is or was ever utilized. If a client cancels without using the account outside of the guarantee period, there is no refund allowed.
7.9 Extended Guarantee Period - An extended guarantee may be given to a customer by a ekonekta staff member with written approval of the management of ekonekta. A note will be placed internally on your ekonekta account. If the note does not exist then the extended guarantee period does not exist. You may, at the time of extension only, request that we send you a confirmation number and documentation. ekonekta may, at it's sole discretion , issue or refuse to issue extended guarantees.
7.10 ClearContrast.com 99.98% Uptime and Satisfaction Service Level Agreement
7.10.1 ClearContrast.com, a division of ekonekta Services, Inc., is not covered by the ekonekta Risk-Free Money Back Guarantee. Clear Contrast, instead, follows a service level agreement. The following is guaranteed by the Clear Contrast Service Level Agreement (SLA):
* Server uptime will not decrease below 99.98% per month, per server.
* All trouble tickets, customer support requests and/or E-mails to our technical support team will be responded to within 24 hours of being received.
* The network will be online 99.999% of the time for Equinix Chicago servers and 99.98% for servers housed in other facilities.
* ekonekta Services, Inc., the parent company of Clear Contrast, will make an effort to begin correcting any problems found within 24 hours of receiving a trouble report or trouble ticket.
* ekonekta Services, Inc., will correct or find remedy for service problems within 21 business days of the trouble ticket being reported, although a valiant effort will be made to correct the problem as soon as possible.
* ekonekta Services, Inc., technical support team will be reachable 24 hours per day, 7 days per week. This includes holidays and weekends.
* In the event that ekonekta is unable to perform the services, ekonekta will issue a credit to the customers Clear Contrast account for the time down.
* All payments made to Clear Contrast or ekonekta for Clear Contrast services are final and non-refundable unless ekonekta breaches the above terms of service, or the customer cancels within the first 72 hours of service (including weekends and holidays) and that such cancellation is submitted to ekonekta using the proper means (termination request form.)
* Any defaults on the customers account in terms of payment void this SLA for said account until payment is made.
7.11 Due to the similar nature in product, accounts sold under the Ekonekta Hosting, Inc. name will be governed by the same 30-day money back guarantee policy under-which ekonekta.com accounts are governed.
7.12 All services will automatically renew in one, three, six, twelve or other month terms. Renewal prices can be viewed at all times in ekonekta.com. Unless cancelled (or the service is a one-time charge or one-time service only,) all ekonekta accounts WILL renew automatically and will be automatically charged to your account. If you wish to cancel service, please cancel using the one and only cancellation form and method found at http://cancel.ekonekta.com
8.0 Domain Name Services & Registration / Free Registration
8.1 As part of the hosting plans, a domain registration service can be obtained. Please review our domain registration agreement and uniform domain name dispute resolution policy set forth by ICANN. It is the customer's responsibility to check these agreements on a regular basis.
8.2 Ekonekta Servies, Inc. will, on occasion, register or transfer a domain name for a customer at no cost as part of the package the customer ordered. This domain name will be registered or transferred under ekonekta's information and shall remain listed under our contact information until one of two conditions is meet: a. The customers account with The Company is over one year old and has no current payment issues, up-to-date billing information and the customer has requested the domain be transferred into their name or b. The customers account is cancelled and the customer is either eligible to continue to receive free registration for the next year or, if not eligible for free registration, is will and does pay for the registration of the domain name. ekonekta charges an annual rate of $21.95 for domain registration, renewal and transfer. This rate will be charged when an account is cancelled via refund deduction.
8.3 Ekonekta Services, Inc. will utilize the registration systems provide by third parties eNom, Inc. and Tucows, Inc. (Open SRS.) Your domain name usage will be governed by the Terms and Conditions set forth by these third parties.
9.0 Torturous Conduct
9.1 Any abuse towards any ekonekta.com employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing ekonekta.com or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at ekonekta.com or its employees shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or delivered by second parties directed towards ekonekta.com or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
Any conduct viewed as violating this section shall be considered a violation of this TOS. ekonekta.com will be the sole arbitrator in regards to what is deemed a violation.
No refunds shall be given when the contents of this section necessitates removal of the account.
9.2 Any abuse of our emergency pager tool will result in immediate cancellation. The emergency pager is ONLY to be used for the following types of problems:
9.2.1 Server outages - If your site goes down and stays down for over three minute's time.
9.2.2 Network issues - If you are unable to reach ekonekta web servers for over three minutes time and are unable to reach more than one server for this time period.
9.2.3 Down time for over three minutes in time (an average reboot will take this amount of time.)
10.0 Harm to ekonekta Servers
10.1 Any attempt to undermine or cause harm to a server or customer of ekonekta Services, Inc. is strictly prohibited.
11.0 Acceptable Use of Services / Acceptable Access to Services
11.1 ekonekta Services, Inc. will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a ekonekta Services, Inc. customer, whether or not the attacked account or computer belongs to ekonekta Services, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack.
11.2 Bandwidth Stealing -- Bandwidth Stealing is defined as using a temporary URL to access your website after the first 72 hours of your account, or using the temporary URL as a download link for large files. This is against this Terms of Service agreement and will result in:
a. First offence - suspended account and warning
b. Second offence - terminated account and no refund.
11.3 CPU usage (or usage of the Central Processing Unit(s)) on the web server your account is hosted on is regulated as follows. Each account is allowed to use 10% of the CPU power at any given time. However, we do enforce and require that all accounts only use a reasonable amount of CPU at any given time. If your account is found to affect other clients on the server, or if your account causes the web server to slow down for any reason, we may suspend your account. We will notify you of this suspension, depending on the circumstances it may be after the suspension has been performed.
In this case, we may require that you either upgrade to a dedicated or semi-dedicated web hosting solution, or reduce the amount of load and traffic your web site receives. We may lock specific files or scripts if they are found to be overusing CPU on their own and notify you of this.
Any attempt to hide, mask or disguise your usage will result in immediate termination without refund for TOS violation.
12.0 Mutual Contacts - Customer agrees to provide ekonekta with accurate, up-to-date and valid contact information at all times. When changing addresses, a customer must notify ekonekta within 10 business days of the address change taking effect. ekonekta in turn, will provide and maintain contact information on our website at all times, and insure the information is valid. Our goal is an accurate and positive flow of information between our offices and our customers.
13.0 SPAM, Junk Mail, UCE, Chat Rooms, Message Forums and Penalty for Actions
13.1 Commercial advertisements are NOT WELCOME in most discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming" or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy.
13.2 Sending a message, especially an advertisement, to more than THREE recipients, is by itself UCE/SPAMMING unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint. Customers who are found to be sending UCE or SPAM to more than THREE e-mail address will be TERMINATED WITHOUT REFUND.
13.3 We do allow clients to install their own chat rooms however chat rooms are subject to utilization policy, hence approval with the ekonekta Services, Inc. support team prior to utilizing the chat software is strongly recommended. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Parachute chat rooms do not apply to this rule. They are perfectly fine to install.
14.0 Service Guarantees
14.1 ekonekta will guarantee an uptime average of 99.98% across our network and 99.995% network stability uptime. ekonekta will pro-rate refunds and credits for downtime on a requested basis.
14.2 ekonekta price lock guarantee and feature lock guarantee: ekonekta will not raise prices without permission nor will ekonekta downgrade features for customers. What you sign up with is what you will continue ekonekta service with for your entire contract duration. In certain occasions, ekonekta MAY grant additional services for all customers during package changes.
14.3 ekonekta Unmetered Bandwidth Policy
ekonekta provides Unmetered bandwidth for SL1000, SL5000, SL10000 and SL16000 customers. Because of the potential for abuse, ekonekta has put into place the following policy which governs the use of our Unmetered Bandwidth Policy.
There are two classifications for ekonekta-hosted websites. These are:
a. Unmetered Eligible, and
b. Unmetered Ineligible
To be classified as "Eligible" your website must follow the following rules:
* 90% or more of your images, download files, etc. must be linked from an HTML or equivalent web page that is accessible to the public.
* Your website is comprised mostly of web pages, and images used on those pages.
* Your website is NOT primarily designed to provide files for download.
* Your website is NOT adult in nature.
If your website is any of the following, it will be Ineligible for Unmetered Bandwidth and will be provide a bandwidth limit of 10 GB per month for SL1000, 20 GB per month for SL5000 or 30 GB per month for SL10000 and for 50 GBper month SL16000.
* If your website is a download website (designed primarily to provide files for download by visitors,) or is an adult website, a website comprised of an image gallery only, a website which contains a message board as its primary 'attraction' or any websites that contain shopping carts with over one hundred items are not eligible (ineligible) for Unmetered Bandwidth and will be assigned limits as stipulated above.
* Unmetered Bandwidth Increases. All ekonekta accounts will start with their normal packages bandwidth limit. Once you have used 80% of your bandwidth, simply contact tech support for an increase. At this time, we will verify the type of account you are on and insure that you are eligible for unmetered bandwidth and then increase it by an equal-to-original increment.
15.0 Easy Promote / Optional Services
15.1 Optional ekonekta Services can be purchased via the Add Features and Update Account Features forms. These services, including but not limited to: QuickSwitch, Easy Promote, Web Templates, Spam Assassin/Spam Removal Service and other services offered are offered WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. ekonekta SERVICES, INC. ADDITIONAL SERVICES, ADDED FEATURES AND VALUE ADDED SERVICES/FEATURES CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. ekonekta DISCLAIMS ANY IMPLIED WARRANTIES. ekonekta SERVICES, INC., ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY ekonekta SERVICES, INC., INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.
15.2 At times users may choose to upgrade service with ekonekta. In this case upgrades will be billed in annual terms unless arangements are made in advance. Upgrades can be made via the MPCustomer.com panel and/or the ticketing system. Upgrades and related fees are non-refundable.
16.0 Background Operations/Programs on Servers
16.1 We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases ekonekta Services, Inc. prefers not to impose any extra charges on the customers.
17.0 Refusal of Services
17.1 ekonekta Services, Inc. reserves the right to refuse service to anyone. Customers may only use ekonekta hosting services' servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. ekonekta Services, Inc. expressly forbids anyone from using ekonekta Services, Inc. servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material, or any other material which we deem to be objectionable, including, but not limited to, again - pornography, again - adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of ekonekta Services, Inc. management.
18.0 Payment, Charge backs and Returned Checks
18.1 Ekonekta Hosting Services does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and Terms & Conditions as outlined in this document and ekonekta Services, Inc. will use this document and customer's agreement at the time of order to wholeheartedly fight a charge back and / or dispute. If customer supplied a valid reason for refund, ekonekta Services, Inc. will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / charge back attempts will immediately result in suspension of web hosting account and another charge applied to the customer credit card under the same order / authorization number.
18.2 Ekonekta Hosting Services will charge posted fees for all new and previous orders. Your fees will be based on the free structure when you created your account. Current pricing can be found at www.ekonekta.com or at products.ekonekta.com for an up-to-date list. However, this pricing may vary from the pricing and features on your account. ekonekta Services, Inc. reserves the right to modify and change packages as needed.
18.3 Upon customer account activation, customer agrees to pay on either a 30-day basis, 90-day basis, or a 365-day basis. ekonekta gives customer 48 hours over payment deadline, and if the payment has not been received then customers account will be suspended.
19.0 Customer Service Surveys
19.1 Service Surveys may be issued. Please be warned, any response to surveys may result in use of your comments/question answers in promotional materials such as our testimonials web page or rotating testimonials. We may also gather aggregated figures and post them. BY CHOOSING TO FILL OUT A SURVEY, YOU CONSENT TO OUR USE OF SAID MATERIAL.
If you wish to complete a survey, but do not wish that your response be posted in public please request they are not in the survey and make sure you include the IGNORE STRING which is noted at the bottom of the survey form.
ekonekta will read and respond to many surveys. By completing a survey, you consent to us contacting you regarding your experience.
20.0 Service Denial
20.1 ekonekta may temporarily, or indefinitely deny service of terminate this agreement upon failure to collect payment from customer. Such termination with no payment will result in customer being indebted to ekonekta, and customer will be responsible for reasonable interest and collection fees.
21.0 Warranties and representations
21.1 ekonekta makes no warranties or representations for the services being offered. ekonekta provides hosting services on an "as is" and "as available" basis with no warranties for the services provided to customer. ekonekta provides no warranty for connection issues, or uninterrupted service customers may incur while hosting with ekonekta.
22.0 Miscellaneous Headings
22.0.1 This Agreement contains the entire understanding between the parties hereto with respect to the transaction contemplated hereby, and it may not be amended, modified, or altered except by an instrument in writing signed by the party to be charged.
22.0.2 This Agreement shall be construed under and interpreted in accordance with the laws of the State of Illinois.
22.0.3 This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
22.0.4 The captions and headings contained herein are inserted for convenient reference only, are not a part hereof, and the same shall not limit or construe the provision to which they apply. The Exhibits hereto are hereby incorporated herein by this reference and made a part hereof.
22.0.5 This Agreement may be executed in counterparts, each of which shall be deemed an original
22.0.7 Survival of this agreement: This FULL agreement is to survive the holders account by a period of 60 days. Sections 21.x, 20.x, 19.x, 18.x, 14.x, 13.x, 11.x, 10.x, 9.x, 8.x and 7.x are to survive this agreement for a period of six months past the holders account.
22.0.8 Resellers & Overselling: Overselling is expressly prohibited for all reseller accounts at the ekonekta Reseller Program (MPR) and/or the Autica Small Business service. ekonekta reserves the right to terminate without refund any reseller caught OVERSELLING our services. Our plans are designed so that a specific number of customers can be hosted per server. Overselling damages the quality of service for all customers. Again, we PROHIBIT any and all overselling on all reseller accounts.
* Overselling is defined as selling more disk space or data transfer than your reseller account is allocated. For example, if your plan allows for 50 GB of data transfer and 5 GB of disk space, and you sell 6 GB of disk space hoping that most of your users won't use that amount of space, then you are overselling. The same applies to data transfer, E-mail accounts and all other account features.
22.0.8. Press & News Releases
* Forward Looking Statements: Any statements in this website that are not historical facts are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward-looking statements. Sentences or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential" and others indicate forward-looking statements, but their absence does not mean that a statement is not forward-looking. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
23.0 Autica Dedicated Servers, Collocation Services and Reseller Accounts
23.1 Dedicated Servers - OneRate and Standard Dedicated Servers (AuticaSB) and Equinix Collocation - Collocated Servers (AuticaSB)
23.1.1 Pricing
23.1.1. (1) AuticaSB dedicated servers are covered by a Price Freeze guarantee. ekonekta Services, Inc. will not and shall not raise costs of hosting dedicated servers or lower them for any reason, unless to charge over usage fees or through special arrangement.
23.1.2. (2) Price Freeze guarantee does not cover costs of over usage of data transfer, or advanced technical assistance. Bandwidth over usage will be charged at posted rates. Server administration and advanced support is billed at $65.00/hr.
23.1.3 (3) Cancellations for dedicated servers must be sent via Cancellation Form and must be received at least seven days before the next billing date of the server. Cancellations received during the seven days before an invoice is due will be processed for the next period.
23.1.2 Server Usage & Hosted Content
23.2.1. (1) Server content MUST be within parameters described in Section 5.0. Specifically, no illegal or otherwise deemed inappropriate content is to be hosted at a ekonekta Services, Inc. or AuticaSB dedicated server. For clarifications, it is your responsibility to contact a ekonekta Services, Inc. representative.
23.2.1. (2) Using any ekonekta Services, Inc. web hosting or dedicated server for SPAM or UCE will result in instant termination. Please see section 5.0 for details.
23.1.3 Unauthorized Access. ekonekta Services, Inc. explicitly forbids the usage of any ekonekta Services, Inc. hardware or software hosted on a ekonekta server to attempt to gain unauthorized access to another hosted machine or the network.
23.1.5 Network Uptime and Server Uptime Guarantees. ekonekta Services, Inc. will guarantee 99.999% Network Availability and 99.98% server availability. This, however, does not cover outages due to:
* Server Hardware Failure
* User error or intentional user service interruption (e.g. if you shut your own server down, we are not responsible for the down time.)
* Crashes caused by software that is not expressly specified by ekonekta as supported software. In short, if you cause a hardware crash ekonekta Services, Inc. is not responsible for the downtime caused.
23.1.5. e. Please see Section(s) 22.0.8 h.
23.2 Reseller Accounts
23.2.1. Reseller Payment Policy. An Autica or MPR-XX reseller customer is a customer who, as an individual, company or entity resells or provides for free or for cost any and/or all ekonekta and Autica web hosting services to any other individual, company or entity. This section does not absolve ekonekta or Autica Resellers of any of the provisions set forth previously in our billing policy.
In order to protect and safeguard the contents of any client accounts of Resellers, the following guidelines will apply. Every reasonable effort will be made to contact any customer that defaults on their payments. In the event any reseller becomes unresponsive to payment requests, the following procedures will be executed.
* A 48-hour notice will be sent to the Reseller. This notice states that you must update your card information or contact ekonekta within 48 hours. After this time period, your account is placed under 'administrative watch' and may be suspended if it experiences heavy usage. You then have 14 days from the date payment was originally due as described in the next section.
* Within fourteen days (14 days) of payment stopping from the Reseller to ekonekta Services, Inc. ekonekta acting on behalf of Autica SB will contact the customers of the reseller an effort to obtain any new or additional contact information for the reseller. The domain of the Reseller will be suspended at this time.
* After 14 further days (total of 28 days delinquent) all clients of the reseller will be contacted and informed that there has been no contact with their hosting provider, the reseller, for the past 28 days and the reseller's account has been suspended. The clients of the reseller will be given three options:
* Become a ekonekta Services, Inc. shared hosting customer and ekonekta Services, Inc. will make an effort provide a similar hosting plan. ekonekta will offer 30 further days of hosting at no cost to these customers to accommodate any transfers of information.
* At the end of the 30-day period, the clients will be switched to the standard Mega-PHASE or Pro-PHASE billing as described at ekonekta.com.
* Customers and clients will be given the option to choose to locate a new hosting provider. ekonekta will provide files for download for 72 hours after being informed of this switch.
* In the case of emergencies after this policy has been executed, ekonekta will make a verifiable effort to return customers to the Reseller. However, as this procedure is provided in writing before account activation, and as it is the Reseller's need to inform ekonekta of emergencies especially when related to billing, ekonekta cannot accept responsibility or liability for any revenue loss or customer loss associated with this policy or the execution therein.
24.0 Limitation of Liability
24.1 Customer agrees that no ekonekta Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to ekonekta at the time) which may exist in the Services or ekonekta's equipment used to provide the Services.
Under no circumstances, including negligence, shall any ekonekta Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if ekonekta has been advised of the possibility of such damages. No ekonekta Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to ekonekta's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, ekonekta's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the quarter (3 month) period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if ekonekta takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that ekonekta shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by ekonekta.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
25.0 Customer Website; E-commerce; Customer Warranties/Guarantees
25.1 Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
25.2 Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.
25.3 Customer represents and warrants to ekonekta that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants ekonekta the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
26.0 Force Majeure
26.1 ekonekta Services, Inc. shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
27.0 Verification of Agreement & Ratification
27.1 By activating your account, you understand that by placing files on ekonekta servers, you are openly offering your files to the public, and that ekonekta has no way of limiting this access, and do not warrant the protection of your files. It is your sole responsibility to upload files to your allocated space with discretion, and we strongly recommend that you not upload any personal files or information that you would not publicly post on your website(s).
27.2 Completing order form shall constitute electronic signature of this document. Document is agreed upon by ekonekta hosting services inc.
28.0 Assignment
28.1 Customer shall not have the right to assign this Agreement without the prior written consent of ekonekta. This Agreement shall be binding upon and inure to the benefit of Customer and ekonekta and their successors and permitted assigns.
29.0 Entire Agreement; Severability of Agreement
29.1 This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
29.2 Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer. |
