Policies
Inetking Internet Service, Inc. PolicyWe agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service. 1.0 FEES 1.1 Customer shall pay InetKing INTERNET SERVICES, INC. all fees, monthly fees, usage fees, and setup fees indicated on Sales Order. Customer acknowledges that in consideration of the pricing set forth on the Sales Order, Customer commits to be liable for and pay the fees set forth in the Sales Order for the term indicated. 2.0 TERM 2.1 The term of this Agreement shall commence on the Agreement Execution Date and continue for the duration of the Agreement Duration, at which point, this Agreement will automatically be reinstated. So long as this Agreement remains in effect, it shall be automatically renewed at the original fees for the respective Sales Order for additional periods, unless either party gives written notice otherwise to the other party, not less than seven (7) days prior to the expiration of such Sales Order. This Agreement may be renewed for additional terms upon the mutual written consent of both parties. 3.0 TERMINATION 3.1 Either party may terminate this Agreement or any Sales Order upon written notice: (a) for any material breach of this Agreement or any Sales Order which the defaulting party fails to cure within seven (7) days following notice by the non-defaulting party of such breach; or (b) upon either parties insolvency or liquidation as a result of which either party ceases to do business. Notwithstanding anything herein to the contrary, InetKing INTERNET SERVICES, INC. may terminate this Agreement or any Sales Order without notice immediately for any breach of this Agreement. 4.0 REPRESENTATIONS AND WARRANTIES 4.1 Each party represents and warrants that it has the right and authority to enter into this Agreement, and that by entering into this Agreement, it will not violate, conflict with or result in a material default under any other contract, agreement, indenture, decree, judgment, undertaking, conveyance, lien or encumbrance to which it is a party or by which it or any of its property is or may become subject or bound. Each party shall not grant any rights under any future agreement, nor will it permit or suffer any lien, obligation or encumbrances that would prevent it from performing under this Agreement. 5.0 LIMITATIONS AND LIABILITY 5.1 CUSTOMER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS WHICH ARE SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO THE CONTROL OF InetKing INTERNET SERVICES, INC.. MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, ISPs OR OF ANY OF THE NETWORKS WHICH FORM THE INTERNET MAY MAKE RESOURCES CUSTOMER WISHES TO USE TEMPORARILY OR PERMANENTLY UNAVAILABLE. CUSTOMER AGREES THAT InetKing INTERNET SERVICES, INC. SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, NETWORK (S) OR ISPs NOT SUBJECT TO CONTROL OF InetKing INTERNET SERVICES, INC., OR DUE TO ANY ACCIDENT OR ABUSE BY CUSTOMER. InetKing INTERNET SERVICES, INC. IS NOT LIABLE FOR ANY BREACH OF SECURITY ON THE CUSTOMER'S ACCOUNT. 6.0 USAGE 6.1 Usage will be metered based on "95th Percentile Usage Metering". "95th Percentile Usage Metering", henceforth referred to simply as "95th", is defined as follows. Usage will be metered every 5 minutes for a sample reading of Customer's current average inbound and outbound transfer over said respective 5 minute period. The top 5% of each directional throughput will then be discarded at the end of the month. The next highest average reading in each directional throughput, termed 95th, will be recorded and the highest of the two figures selected as customer's total usage for the month. That usage will then be translated to gigabytes transferred for that month. If usage exceeds customer's purchased allotment of bandwidth, customer will be billed at a rate of $0.50/gigabyte non-fractioned. 7.0 NETWORK ABUSE 8.0 SERVICE LEVEL AGREEMENT (SLA) 8.1 We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis. 9.0 ACCEPTABLE USE POLICY 9.1 This Acceptable Use Policy designates the actions, events, proceedings, measures, procedures, and dealings prohibited by InetKing INTERNET SERVICES, INC., henceforth referred to as InetKing, to users of the InetKing Network. InetKing INTERNET SERVICES, INC. reserves the right to amend, delete, or otherwise modify the Acceptable Use Policy at any time, effective upon posting of the modified Acceptable Use Policy to http://www.InetKing.com/. 10.0 EMAIL RESTRICTIONS 10.1 User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own. 11.0 HOSTING RESTRICTIONS 11.1 User may not run any daemons on the server. 12.0 DIALUP RESTRICTIONS 12.1 User agrees to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service. Although we advertise unlimited bandwidth, we reserve the right to inform you that you must purchase extra if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. If the request is not met within 5 days, we do reserve the right to remove the website from our system. You agree not to post any of the following restricted contents: Illegal, or Unethical Activities include, but are not limited to, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. We reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. INDIRECT, ATTEMPTED, AND ACTUAL VIOLATIONS OF THE POLICY BY CUSTOMER, A THIRD PARTY ON BEHALF OF A InetKing INTERNET SERVICES, INC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. THROUGH VIOLATION OF THIS ACCEPTABLE USE POLICY, CUSTOMER COMES IN VIOLATION OF THE CUSTOMER SERVICE AGREEMENT AND CAN BE DEALT WITH IN ACCORDANCE TO THE GUIDELINES SET FORTH IN THE CUSTOMER SERVICE AGREEMENT.
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