This Acceptable Use Policy sets forth the terms and conditions of your use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to you or any agent, employee, servant or person authorized to act on your behalf. "We", "Us" and "Our" refer to NKtelecom.com as well as its subsidiaries and sister companies (collectively "NKtelecom"). This Agreement explains our obligations to You, and explains your obligations to us for various services offered by NKtelecom. When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional NKtelecom service(s) or products or to cancel Your NKtelecom service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.
You represent and warrant to NKtelecom that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by NKtelecom shall not be used in connection with any illegal activity.
NKtelecom will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall NKtelecom be liable to You for any damages resulting from or related to any failure or delay of NKtelecom in providing access to the Internet under this Agreement. In no event shall NKtelecom be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of NKtelecom under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A NKtelecom account may not be transferred without prior written approval from NKtelecom.
NKtelecom assigns to You an Internet Protocol ("IP") address in connection with Your use of the NKtelecom services. The right to use that IP address will remain with and belong only to NKtelecom, and You will have no right to use that IP address except as allowed by NKtelecom in its sole and absolute discretion.
- - You may receive a refund if Your account is cancelled within the initial 30 days after a VPS, shared hosting was provided. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, additional disk space, additional RAM, additional traffic, control panels, script installers, domain registration and renewal related fees. You can get a refund within 30 days from the date of the issue or the date of the SSL certificate renewal, which involves a new SSL certificate issue or within 90 days from the actual time of payment receipt for providing access to the SSL certificate issuing system by NKtelecom.com. Important: If You cancel within the first 30 days and have registered free domain name with us during this time period, NKtelecom will charge You a one time fee of $13.00 per domain name if You do not wish to continue with the domain name transfer. If You cancel your account and wish to transfer free domain name registered by NKtelecom to any other registrar You will be charged a one time fee of $15 per transfer per domain. These terms are in place to prevent abuse of our free domain name(s) service.
- - NKtelecom may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- - If Your account becomes overdue, the account will be suspended.
- - If you fail to renew your membership with NKtelecom.com within 14 calendar days after the renewal date, without giving a written notice to NKtelecom.com, we reserve the right to cancel your account after the given period. After the account is canceled, you may request the account back up for one time fee – $ 15.
- - If You improperly charge back for services rendered, Your account will be terminated and a $200.00 charge back fee will be added to the amount charged back by You.
- - For closed accounts there is a $15 per incident charge for all inquiries regarding previous services and or support.
- - Backups of new/changed data are made weekly for shared servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of NKtelecom, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, NKtelecom will attempt to recover the data from the most recent archive for a $15.00 fee.
To request SSH access with Shared hosting plans You need to contact support. Upon your request You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination. SSH access will be provided to You by default with VPS plans and dedicated servers.
By using any Services, provided by NKtelecom You agree:
- - not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- - not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- - not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- - not to make, attempt or allow any unauthorized access to NKtelecom website, servers, your own hosting account or the account of any other customers of NKtelecom.
- - not to allow any remote code execution of malicious software through the hosting account provided by NKtelecom.
- - not to cause denial of service attacks, brute force attacks, port scans or other endangering and invasive procedures against NKtelecom servers and facilities or the servers and facilities of other network hosts or Internet users and not to participate in such attacks as an intermediate point, not to cause SYN-flood, UDP-flood and similar activities.
- - not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- - not to use NKtelecom services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with a commercial or non-commercial activity of selling, reselling and distributing information (software and other production), if you are not the owner, and if it is not allowed by the owner of such information, software of other production; are connected with child or animal pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs, including software settings equivalent to proxy; contain any type of anonymizer; promote money making schemes, multi-level marketing or similar activities; contain any part of botnet software; run public IRC servers; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- - not to upload unacceptable material which include: IRC bots, proxy scripts, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, MUDs/RPGs, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- - not to engage in or to instigate actions that cause harm to NKtelecom or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, including running public recursive DNS resolvers, etc.
NKtelecom reserves the right to refuse service to anyone upon Our discretion. Any material that in NKtelecom judgment, is either obscene or threatening is strictly prohibited and will be removed from NKtelecom servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. In case the service is suspended/terminated due to violation of the Terms of Services, Acceptable Use Policy the refund is not provided.
You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, NKtelecom will take corrective action upon our own discretion and will notify You. NKtelecom decision in such case is binding and final, and cannot be a subject of a further change. NKtelecom cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to NKtelecom or any other third party.
We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. NKtelecom will not be liable for any loss or damages in such cases.
You are prohibited from:
- - sending unsolicited bulk messages over the internet;
- - sending more than 200 emails per hour for a domain name, more than 1000 emails per hour for a VPS;
- - creating websites intended or likely to promote your affiliated websites or to increase the ranking of any associated sites in the search engines;
- - sending spam and unsolicited messages to weblogs or automatically publish multiple unrelated comments or promotions of commercial services to weblog sites.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email.
You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. Using and sending mass mailings you must maintain complete and accurate records of all consents and opt-ins at all times and upon request provide said records to NKtelecom. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.
NKtelecom prohibits the following activities listed without limitation hereunder:
- - Usage of the NKtelecom network and systems to receive replies to unsolicited mass e-mail messages.
- - Forgery of e-mail headers (i.e."spoofing").
- - Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- - Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
- - Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising").
- - Hosting any web pages or providing any services that support spam.
- - Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
- - Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
10.1. Use of Traffic (Bandwidth)
In case of usage of more than 5 TB of traffic for a VPS we have the right to reduce bandwidth of your VPS to 10 Mbit/s till the end of the calendar month, when occured exceeding of use of it. On the first day of the following month speed limit will get back to its initial value.
10.2. Disc Space Use
Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content. Additional space can be ordered by You as additional service.
10.3. Additional Services
The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. This is done only if the reason for the dedicated IP request is approved by NKtelecom. In such a case NKtelecom will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.
You can order Additional Space as extra features to Your VPS account(s). NKtelecom will charge the appropriate fee for the additional space, depending on the amount of space ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional Space each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, NKtelecom will try to remove the additional space if not used. If You still use the additional space NKtelecom may need to suspend the whole VPS account until receiving additional space renewal payment or until Your content is decreased, so that it no longer needs the additional space and it can be removed.
10.4. Upgrade to Dedicated Server
Each VPS hosting account can be upgraded to a Dedicated Server. The upgrade is performed by NKtelecom after You have paid the first month fee. The fee depends on the Dedicated Server type chosen by You and is non-refundable. No refund for unused time of the VPS hosting account is owed by NKtelecom in the event of upgrade to Dedicated Server. You are entitled to a free transfer of the VPS account that are upgraded to the Dedicated Server if there is more than 15 days left to the expiration of the current VPS Hosting Account. Once the account is transferred to the Dedicated Server the VPS account is terminated and the new Dedicated Server account use is governed by the paragraph 11 of this Agreement.
11.1. Additional services
The initial and renewal fees of each dedicated server include 1 Dedicated IP. Additional dedicated IPs can be added to each customer's account. The company will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.
The Dedicated IP is granted only after the reason for the dedicated IP request is approved by NKtelecom. Additional one-time non-refundable fee is applied to the standard Dedicated IP fee, if the reason for the IP is an External SSL installation.
NKtelecom change the dedicated IP address of the customer to another IPv4 compatible IP address after giving You much prior notice as reasonably practicable.
The RAM initially available on the Dedicated Server depends on the Dedicated Server type.
You are solely responsible to provide all the needed information, so that NKtelecom can provide the ordered service. If any information is missing after the order is submitted, NKtelecom will request it from You additionally.
All Dedicated server fees, including, but not limited to, Initial fees, Additional Services and Products fees, and Renewal fees and technical support fees are non-refundable.
11.2. Technical Support
The Dedicated Servers fees include initial set up and regular maintenance and updates of the Dedicated Server software. All technical support that is not related with the updates and regular maintenance of the initially installed support is paid additionally. The support can be requested by opening a ticket trough the HelpDesk system located in the Customer Area. NKtelecom will charge the appropriate fee for the additional support, depending on the estimated working hours needed for the task to be performed. The fee is non-refundable. The paid support provided only after a payment for the estimated working time is made by the customer. If additional work turns out to be needed while performing the requested task, additional payment is due by the client, depending on the additional hours of work invested by NKtelecom. NKtelecom has the right to refuse support requests.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on NKtelecom servers; and (iv) ensure the confidentiality of Your password. NKtelecom's servers are not an archive and NKtelecom shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by NKtelecom are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. NKtelecom shall have no liability to You or any other person for Your use of NKtelecom products and/or services in violation of these terms.
Backups of new/changed data are made weekly for VPSs. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. If loss of data occurs due to an error of NKtelecom.com, we will attempt to recover the date for no charge to the client.
In the event You terminate this Agreement or Your use of NKtelecom products and/or services, then moving Your server content off of the NKtelecom dedicated servers is Your responsibility. NKtelecom will not transfer or FTP Your server content to another provider. In the event Your use of NKtelecom products and/or services is terminated, NKtelecom will not transfer or manage Your Dedicated Services or Your server content.
NKtelecom provides some third party software to You for easier account management including, but is not limited to cPanel, Softaculous apps installer, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. NKtelecom does not take responsibility for any faults in such software functioning.
You can add and use third party software on Your account only if it is compatible with Our servers and is approved by NKtelecom. Your use of any third party software is at Your own risk. NKtelecom cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. NKtelecom will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third party software installed on Your account apart from the initial account setup.
- - NKtelecom explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by NKtelecom ; (ii) establish limits and guidelines concerning the use of NKtelecom services and/or products; (iii) terminate Your use of NKtelecom services and/or products for use of NKtelecom services and/or products to unnecessarily or illegally harass NKtelecom or third parties, non-payment of fees for NKtelecom services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of NKtelecom, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that NKtelecom determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of NKtelecom services and/or products if Your use of NKtelecom services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against NKtelecom or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of NKtelecom services and/or products at any time and for any reason if deemed reasonably necessary by NKtelecom. NKtelecom has no obligation to monitor Your use of NKtelecom services and/or products, but reserves the right in its sole discretion to do so.
- - Right of refusal. NKtelecom has the right to refuse services to anyone at our discretion.
The services offered by NKtelecom are being provided on an "AS IS" and NKtelecom expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, NKtelecom expressly does not warrant that NKtelecom services and/or products will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall NKtelecom be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if NKtelecom is aware of or has been advised of the possibility of such damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge NKtelecom and all affiliates of NKtelecom, and all officers, agents, employees, and representatives of NKtelecom, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of NKtelecom services and/or products by NKtelecom and its agents and employees.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
You attest that you are of legal age to enter into this Agreement.
This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between You and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of us.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over NKtelecom, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, NKtelecom may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.