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Terms of Service

DK Web Solutions agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Disclosure to Law Enforcement: The TOS 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 DK Web Solutions shall have the right to terminate all service set forth in this Agreement.

Adult hosting is allowed, no warez no child pornography will be tolerated!! Anything that is legal can be hosted.

Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by DK Web Solutions 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 this as outlined in this TOS.

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 at least 7 days before next billing cycle. Please contact sales@dkws.com to cancel account.

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 web hosting accounts involving new domains will be set up and entered into our DNS servers within 1 business day. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.

Transfer of Domains: If you select transfer domain it DOES NOT mean you will switch from your current registrar to ours. It means you will be using a domain you have registered elsewhere and will transfer the hosting services. You will need to go to your registrar and point your domain to the server address you receive when you activate your account. If you need help with this process please contact us at support@dkws.com and we will help you in this process.

Support Boundaries: DK Web Solutions provides email and online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: DK Web Solutions provides support related to your server or virtual site physical functioning. DK Web Solutions does not offer tech support for application specific issues such as CGI programming, html or any other such issue. DK Web Solutions does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail support@dkws.com for assistance. 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 E-mail (UCE): DK Web Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of DK Web Solutions may not use or permit others to use our network to transact in UCE. Customers of DK Web Solutions 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 DK Web Solutions SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, DK Web Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, DK Web Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, DK Web Solutions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, DK Web Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. DK Web Solutions 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 $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 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 $75 per hour that DK Web Solutions personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

Network

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. DK Web Solutions will monitor Customer's bandwidth and disk usage. DK Web Solutions 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 DK Web Solutions sole and absolute discretion. If DK Web Solutions 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 DK Web Solutions Network. Violations of system or network security may result in civil or criminal liability. DK Web Solutions 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 forum posting.

Taking any action in order to obtain services to which such User is not entitled.
Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. DK Web Solutions will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Suspension of Service or Cancellation: DK Web Solutions reserves the right to suspend network access to any customer if in the judgment of the DK Web Solutions network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which DK Web Solutions chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back providing we failed to provide you with the service as outlined for each individual hosting plan. However setup fee's, if there are any, are non refundable under any circumstances. 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.

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.

DK Web Solutions takes no responsibility for any material input by others and not posted to the DK Web Solutions by DK Web Solutions. DK Web Solutions is not responsible for the content of any other websites linked to the DK Web Solutions; links are provided as Internet navigation tools only. DK Web Solutions 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.

DK Web Solutions is not responsible for any damages your business may suffer. DK Web Solutions does not make implied or written warranties for any of our services. DK Web Solutions 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 DK Web Solutions.

Responsibility for Content: You, as the DK Web Solutions customer, are solely responsible for the content stored on and served on your DK Web Solutions server.

 
   
Copyright © DK Web Solutions 2004
All users of DK Web Solutions are subject to the [Terms of Service]