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Terms of Agreement:
All accounts on our web servers are subject to the terms and conditions
set forth in this document. This includes single domain, multiple
domain, reseller, resold accounts, and dedicated servers. Placing data
on our servers is an acknowledgement that you have read, understand, and
agree to be bound by the terms and conditions below. |
Cancellation of Accounts:
To cancel an account, please contact us and you may cancel your account
at anytime. MK Dakota WebDesign must receive a 15 day notification of
cancellation prior to your desired leaving date. If outstanding amounts
are due to MK Dakota WebDesign from client then cancelling an account
will not remove these obligations of payment. |
Refusal or
Discontinuation of Service:
MK Dakota WebDesign reserves the right to refuse or discontinue service
to anyone at MK Dakota WebDesign's sole discretion. MK Dakota WebDesign
shall have no responsibility to notify any third-party providers of
services, merchandise, or information, nor any responsibility for any
consequences resulting from such discontinuance or lack of notification.
You agree that MK Dakota WebDesign has the right to monitor the service
electronically from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself or its subscribers.
MK Dakota WebDesign reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of this
agreement. MK Dakota WebDesign also reserves the right to refuse refunds
in cases where MK Dakota WebDesign believes abuse has taken place.
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Indemnification Policy:
You agree to indemnify, defend, and hold harmless MK Dakota WebDesign
from any and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you, MK
Dakota WebDesign, or any other party or parties without limitation or
exception. This indemnification and hold harmless agreement extends to
all issues associated with your account, including but not limited to
domain name selection and Web site content. |
Payment and Refund
Information:
You agree to supply appropriate payment for the services received from
MK Dakota WebDesign, in advance of the time period during which such
services are provided. You agree that until and unless you notify MK
Dakota WebDesign of your desire to cancel any or all services received,
those services will be billed on a recurring basis.
Each webhosting plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within the refund
time period specified for your plan, you will be given a full refund of
the contract amount excluding overages. No refund is available after
that period. This policy does not apply to any additional services such
as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by MK Dakota WebDesign for violating our
Acceptable Usage Policy do not qualify for the 30-day money back
guarantee. Only first-time accounts are elegible for a refund. For
example, if you've had an account with us before, cancelled and signed
up again, you will not be elegible for a refund. This is to protect our
refund guarantee from being abused. To receive a full refund, contact
us. |
Sharing of Account and
Resale Restrictions:
You agree and understand that the account you purchase is purchased
either for yourself or on behalf of a client if you are a reseller. You
understand that as a reseller, you are the individual solely responsible
for all use of the account. Reseller accounts may not be used to start
free hosting services or free email services to the public. |
SPAM Policy:
MK Dakota WebDesign is committed to a zero-tolerance, anti-Spamming
policy. Under this policy, we prohibit Spam, or any unsolicited
commercial email, from being sent in any way shape of form through,
from, or to our servers.
We react quickly and seriously to violations, and we further reserve the
right to terminate the services, without prior notice, of any customer
disregarding this policy. Sending unsolicited commercial email
(otherwise known as "spam"), cross-posting messages to a large number of
usenet groups, posting obscene or threatening messages while using or
referring to a MK Dakota WebDesign email address or web site URL is
prohibited. The use of MK Dakota WebDesign servers as a mail drop for
responses to activities described above is also prohibited. Accounts
canceled due to spam will be billed a "clean up" fee of not less than
$800.
If you have any complaints or comments regarding Spam on our network,
please direct them via email to
abuse@mkdakotawebdesign.com
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Content Policy:
All services provided by MK Dakota WebDesign 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, trademark, intellectual property, material we
judge to be threatening or obscene, or material protected by trade
secret and other statute without proper authorization. The subscriber
agrees to indemnify and hold harmless MK Dakota WebDesign from any
claims resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all MK Dakota
WebDesign servers. This includes sites that may infer sexual content, or
links to adult content elsewhere. MK Dakota WebDesign 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 MK Dakota WebDesign servers or any other
server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
Any illegal activity, including adult content, links to adult content
web sites, spamming or hacking will result in your site being shut down
and all your files deleted without warning.
MK Dakota WebDesign will be the sole arbiter as to what constitutes a
violation of this provision. |
Resource Usage:
Users may not initiate the following on our servers:
Run any process that requires more than 8Mb of memory space, more than
30 CPU seconds, or use more than 5% of all available system resources at
any time.
Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time
on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat)
network.
Run any site with adult-oriented content, including but not limited to
any pornographic material. |
Email Policy:
MK Dakota WebDesign may not be the source, intermediary, or destination
address involved in the transmission of any unsolicited email, email
bombs, hate email, or any mass email. Your email account may not be
referenced as originator, intermediary, or reply-to address of such
email. We consider mass email any email message sent to more than 25
email addresses or more than 10 news groups. |
CGI And Scripts Policy:
The following scripts are banned from our servers:
UltimateBBS (all versions),
Yabb CGI version
Ikonboard (all versions)
Eggdrops / Exploits
IRC Servers, Clients, BNC's, Bot's, etc.
Proxy Servers and Game Servers
The Anonymizer
Any soap mailers
Any cgi programs that consume large amounts of cpu resources hindering
the performance of other websites on the server
Portscanners and Security Auditing tools/scripts
Web/CGI based telnet servers
All versions of Formail prior to version 1.9s |
No Warranties:
MK Dakota WebDesign makes no warranties or representations of any kind
for the services being offered. The service is provided on an "as is"
and "as available" basis without warranties of any kind, either express
or implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability or fitness
for a particular purpose. No advice or information given by MK Dakota
WebDesign or its agents or employees shall create a warranty.
Programming Essentials provides no warranty that the service will be
uninterrupted or error free or that any information, software or other
material accessible on the service is free from viruses or other harmful
components. Under no circumstances shall MK Dakota WebDesign be liable
for any direct, indirect, special, punitive, or consequential damages
that result in any way from your use of or inability to use the service,
or for third parties' use of the service to access your Web space, or to
access the Internet or any part thereof, or your or any third parties'
reliance on or use of information, services, or merchandise provided on
or through the service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation
or transmission, or any failure of performance. If you are dissatisfied
with MK Dakota WebDesign service or any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is to
discontinue using the service.
You understand that by placing information on MK Dakota WebDesign's
servers that such information becomes available to all Internet users
and that MK Dakota WebDesign has no way of limiting or restricting
access to such information or protecting such information from copyright
infringement. You assume total responsibility and risk for your use of
MK Dakota WebDesign's servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of
all opinions, advice, services and other information, and the quality
and merchantability of all merchandise provided through MK Dakota
WebDesign or on the Internet generally.
Your use of the service is at your sole risk. MK Dakota WebDesign is not
responsible for files and data residing on your account. You agree to
take full responsibility for files and data transferred and to maintain
all appropriate backup of files and data stored on MK Dakota WebDesign
servers.
You agree not to interfere with the operation of the system. You further
agree not to interfere with the proper operation of other systems
reachable through the Internet, including any attempt at unauthorized
access. You agree to adhere to system policies as published by MK Dakota
WebDesign , including restrictions on services available with each
service type, restrictions on certain features, and all other policies.
You agree to abide by any and all future MK Dakota WebDesign policy
decisions.
MK Dakota WebDesign reserves the right to monitor any and all
communications through or with our facilities. You agree that MK Dakota
WebDesign is not considered a "secure communications medium" for the
purposes of the ECPA, and that no expectation of privacy is afforded.
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User Conduct and
Termination
Our services may only be used for lawful purposes -- any use of these
services which violates any laws which may apply to MK Dakota WebDesign,
your local jurisdiction, or any jurisdiction that you or your site may
be subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory,
obscene, libelous, offensive, pornographic, indecent, profane, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any law.
Restrict or inhibit any other user from using and enjoying the Internet
We reserve the right to refuse service to anyone for any reason not
prohibited by law. Also we reserve the right to terminate service to any
customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to MK Dakota WebDesign or any
other Internet servers will result in immediate account deactivation
without prior notice. No refund is given in this case.
If your account is shut down due to abuse of any type a refund will not
be given. Such situations will be determined by MK Dakota WebDesign's
sole discretion. |
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