This is an agreement between NKtelecom as well as its partners and affiliates on the one hand, and the user of NKtelecom's products and services on the other hand. 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 NKtele.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 services (even if We were not notified of such authorization), this Agreement covers such service or actions.
You agree that NKtelecom may modify this Agreement and the services it offers to You from time to time. You agree to be bound by any changes NKtelecom may reasonably make to this Agreement when such changes are made. If You have purchased services or products from NKtelecom, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.
You agree to maintain accurate information by providing updates to NKtelecom, as needed, while You are using NKtelecom products and services. You agree You will notify NKtelecom within two (2) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within two (2) business days to any inquiries made by NKtelecom to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if NKtelecom has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, NKtelecom has the absolute right, in its sole discretion, to terminate its Services and close Your account. NKtelecom sends notifications regarding the services provided to the Customer to the Customer's e-mail.
You should use all services provided by NKtelecom for lawful purposes only. You agree to maintain your website in full compliance with the terms listed below. 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 send more than 200 emails per domain for shared hosting, 1000 emails for VPS; dedicated servers have no restriction on the number of emails.
- - 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 and third party networks.
- - 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 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 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 (for example, TOR, 3proxy), any settings of iptables, Equated to proxy, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, phishing content, doorway sites, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, pharmaceutical sites, selling any drugs, distribution of confidential and personal information, 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 the sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- - not to place programs, that are aimed at hiding customers' real IP address and that can be aimed at execution of unlawful activities, notably open and private proxy programs (like TOR, 3proxy etc.) and any equated to them, including any equated to proxy settings of iptables (port forwarding), etc, to use a VPS as a transit proxy-server to global net and vice-versa;
- - not to perform any commercial or non-commercial activity in selling, reselling and distributing information (software and other production), if a customer is not a right-holder or it is not allowed by the owner of such information, software or other production;
- - 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, 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.
In case you are a reseller and your customer violates our Acceptable Use Policy, we can suspend the account with the right provided to you to unsuspend this account. After suspension of this account we will send you a notification about this suspension.
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.
Before full account access is granted customer should pass а verification procedure.
All the activities connected with services (suspension, termination etc.), account management and refunds can be provided only after successful passing of the verification procedure by a customer.
In case you have full managed VPS with us, in the presence of vulnerabilities in the functioning of a VPS we can reboot this VPS for maximum two times a month without a notification, in order to install updates and remove these vulnerabilities, that can be critical.
For more information on the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts and Dedicated Servers please consult Our Acceptable Use Policy.
You are prohibited from:
- - sending unsolicited bulk messages over the internet;
- - sending more than 200 emails per hour for one domain name, 1000 emails per hour for one 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. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins 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.
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 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.
If You have licensed software from NKtelecom, NKtelecom grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
NKtelecom reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of NKtelecom. The source code and its organization are the exclusive property of NKtelecom and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by NKtelecom. Any such software and services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
NKtelecom provides some third party software to You for easier account management including, but is not limited to cPanel, DirectAdmin, ISP Manager (Lite and Pro), Webuzo, 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.
If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. NKtelecom has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current NKtelecom policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify NKtelecom immediately of the error. In no event shall NKtelecom be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
All fees for the Services shall be in accordance with NKtelecom's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. If within 30 days since the first payment we receive a termination request from you for the provided VPS for which free back up copy was provided, you will be charged with a single fee of $15. In case the price of your services with us is less that $15, a single fee will be equal to the service price. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by you. Once a renewal invoice or an invoice for a new service is issued, provided that client’s credit balance contains any amount of funds, the withdrawal would take place automatically and cover a relevant part of a invoice.
NKtele.com has the right to unilaterally change the prices for services of domains registration, SSL certificates, hosting panels rental and for the other additional services provided to the Customer in case of the price change by third parties or right-holders of the objects needed for such services providing.
In case when Customer has unpaid invoices at the time of price changing these invoices will also be changed in accordance with these changes.
NKtele.com declares to notify the Customer of the prices change 10 calendar days before this change takes place by sending an email to the Customer email address specified during the registration on the website NKtele.com.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the products or services. If You signed up for a semi-annual (or longer) payment plan, and You elected the automatic renewal option, NKtelecom will automatically renew Your services when they come up for renewal and will take payment in accordance with the designated payment method at NKtelecom's then current rates.
At our discretion we reserve the right to request a photo or a scanned copy of an identification document (passport/driving licence/any other document confirming your identity), and also to refuse service without giving any reasons. This statement concerns your orders in case a preliminary check of them indicates direct necessity to request an identification document.
You agree that a PayPal or 2CheckOut subscription which will be used for automatic payments is created once a successful payment for a service using the according payment method comes through. You may cancel a subscription for a service at any time by contacting NKtele.com support team with a corresponding request or using the means provided by the payment processor.
The initial term of your agreement with NKtelecom shall be as set forth in your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with NKtelecom shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least 3 working days before the account is due to renew; and (ii) by NKtelecom at any time, without prior notice, if, in NKtelecom's judgment, you are in violation of any term or condition herein, or in NKtelecom's sole judgment, your use of the Services places or is likely to place unreasonable demands upon NKtelecom or could disrupt NKtelecom's business operations.
You may receive a refund if Your account is cancelled within the initial 30 days after a service was provided/became active. 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, operating systems, any licenses (cPanel, DirectAdmin, ISP Manager Lite/Pro, Webuzo etc), upgrades, renewals, technical assistance, addons (additional RAM, traffic and diskspace) or 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 NKtele.com.
While all purchases are processed in US dollars, NKtelecom may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, NKtelecom makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
NKtelecom provides domain registration, renewal and ID protection on behalf of You with a registrar selected by NKtelecom. Apart from the specific NKtelecom terms below the use of the domain registration related services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms and the terms of the Registrars which NKtelecom selects, please read:
ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm
ENOM domain registration agreement and ID protect agreement https://www.enom.com/terms/agreement.asp https://www.enom.com/terms/idprotect_agreement.asp
By registering, maintaining or renewing a domain name, You guarantee that all of the following requirements are met:
- - The registration of the domain name does not infringe the right of any third party to the best of Your knowledge;
- - The domain name is not registered for unlawful purposes;
- - The domain name will not be intentionally and knowingly used in violation of any applicable laws or regulations.
- - The information You provided upon sign-up is complete and accurate. These details will be used to register Your domain name and will appear in Whois engines.
You are solely responsible for investigating and determining whether the registration of Your domain name infringes or violates the rights of any third party.
Each domain ordered by You is registered on Your behalf and Your personal details are used for its registration. You understand and agree that unless You change this email You may be unable to receive notifications related to Your domain sent by the domain registration authorities. You can change the Domain administrative email and manage Your registered domain name through the Customer Area. You can transfer the domain name registered by NKtelecom to another domain name registrar at any time.
You shall be solely liable for making any changes in the DNS settings of any domain name in Your account and any consequences following thereof. If You have asked a NKtelecom representative to change the DNS settings of a domain name on Your behalf, NKtelecom shall be indemnified of any liability for such actions and any consequences that might follow thereof.
You agree that in the event that any hosting or service fees, associated with a domain name are reversed, refunded or claimed back by filing a chargeback, the said domain name becomes property of NKtelecom and You lose any rights over it or any services associated with it. NKtelecom may re-gain property of the domain name in question if all of the following conditions are met:
- - You pay in full all due fees for the domain name and the services, associated with it;
- - You pay in full all chargeback penalty fees, imposed by NKtelecom;
- - You provide all requested documents in order for NKtelecom settle the chargeback complaint.
NKtelecom shall not be liable in the event that during the time period needed for You to fulfill the requirements described above the domain name has either been deleted, has expired or entered Redemption period.
NKtelecom shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered from NKtelecom on Your behalf and appeared as such in the corresponding Customer Area. You acknowledge that the non-registered domain names are available for registration to the general public and NKtelecom shall not be responsible for and cannot guarantee that any domain name of Your choice will not be already taken and will not be available for registration.
Personal information stated when registring a domain name, can be reachable in the Internet via Whois service. This statement is regulated by ICANN policy (The Internet Corporation for Assigned Names and Numbers) http://www.icann.org/dndr/udrp/policy.htm.
With the change of registrant First Name, Last Name, Organization Name, email address and other details of a registrant, you will receive a notification regarding the changes and you will need to approve them by clicking the link in that emails. Such notifications will be sent from our Upstream provider to the registrant email address of a domain. If a registrant email address is changed, such notifications will be sent to the old and to the new emails for confirmation. Also, with the change of contact details of a domain, it maybe be blocked for transfer to another registrar for 60 days according to new ICANN policy https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en. Please contact NKtele.com support team in order to unlock your domain.
The registration and the renewal of Your domain name will be included in the initial and renewal fees for the Hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:
- - The domain name registration is requested by You at the time of the initial account setup.
- - The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service.
- - The domain name has one of the following extensions: .com; .net; .org; .biz; .info.
- - You request the domain renewal in up to 25 days after its expiration day before the domain name redemption period starts. In case the renewal request of a free domain name is received during the domain name redemption period the appropriate redemption fee of $200.00 should be paid by You.
The free domain name is registered under NKtelecom's name, owned by NKtelecom, is the property of NKtelecom, and is managed by NKtelecom on Your behalf. 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.
All domain names that are registered by NKtelecom on Your request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. In case the renewal request of an additional domain name is received in more than 25 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee of $200.00 should be paid by You. Registration, renewal and redemption fees for such domain names are non-refundable.
AYou are solely responsible for domain name maintenance. NKtelecom shall not be liable for any loss or damage resulting from any kind of domain name issues that were not immediately reported by You by submitting a ticket in Our HelpDesk system.
ANKtelecom will act in good faith to investigate and resolve a reported domain name issues, however, NKtelecom has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline. NKtelecom shall have no liability or responsibility for any damage, loss of data, loss of use or any other loss or damage occurring in connection with any domain name issue.
ID protect is a service that allows You to hide Your personal details, connected with Your domain name. ID protect service is provided only for domain names that are registered by NKtelecom. NKtelecom will charge the appropriate fee for the ID protect service. The fee is applied and should be paid per year basis. The fee is non-refundable. Renewal fee is due for the ID protect service one year after the initial order.
You acknowledge that NKtelecom cannot be held liable for any system malfunction or failure regardless of its cause that might result in the return of incomplete or erroneous information. You shall raise no claims or seek any compensation for misinformation based solely and exclusively on results returned by NKtelecom's website, system and look up tools.
Upon cancellation or expiration of any service associated with a domain name NKtelecom will no longer be responsible for the management, maintenance and/or the proper functioning of the said domain name. You shall be solely responsible for maintaining and managing any domain name, associated with any service that has been effectively canceled and/or terminated or has expired. NKtelecom shall not be held liable for any loss or damages resulting from the operation failure of any domain name, associated with a service that has been canceled and/or terminated or has expired.
Offered goods and services are not provided on order of a person or company, who runs WebMoney Transfer System. We are an independent entity providing services and making decisions about pricing and offers ourselves. Companies, running WebMoney Transfer System do not receive any commission, interest fees or any other awards/refunds for the provided goods or services and are not liable for our activities.
Verification done by WebMoney Transfer System only confirms the accuracy of our contact details and prove the identity. Verification is performed on our own intention and doesn't mean or show our connection with WebMoney System operators sales.
NKtelecom provides Technical Support to You at no additional fee only for hosting related issues. NKtelecom has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by You for providing non-hosting related support are non-refundable.
You can requested technical support only by opening a ticket trough the HelpDesk system located in the Customer area. NKtelecom will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. NKtelecom will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, You authorize their intervention and operation in Your hosting account, Control panel and/or Customer Area.
You must provide NKtelecom with all information and access to facilities that NKtelecom may reasonably require to provide the requested Technical Support.
You are solely liable for performing and storing a back-up copy of his data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by NKtelecom. In the event You are not satisfied with the outcome of any technical action You shall be solely responsible for restoring the back-up copies of Your hosting account and uploading Your website.
You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, hosting account suspension or possible hosting account termination with no refund. NKtelecom has the sole right to decide what constitutes abuse of the HelpDesk system.
Customer Support Service do not consult on programming and website design matters, script and software debugging and other similar questions. We reserve our right to refuse technical aid without giving any reasons.
You agree to use all Services and any information obtained through or from NKtelecom, at your own risk. You acknowledge and agree that NKtelecom exercises no control over, and accepts no responsibility for, the content of the information passing through NKtelecom's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF NKtelecom, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "NKtelecom PERSON") MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT NKtelecom PROVIDES. NO NKtelecom PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. NKtelecom IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY NKtelecom. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY NKtelecom PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this agreement.
You agree that no NKtelecom 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 NKtelecom at the time) which may exist in the Services or NKtelecom's equipment used to provide the Services.
Under no circumstances, including negligence, shall any NKtelecom Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if NKtelecom has been advised of the possibility of such damages. No NKtelecom Person shall be liable to you, any of your customers 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, termination of the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.
Notwithstanding anything to the contrary in this agreement, NKtelecom'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 you for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose.
You understand, acknowledges and agrees that if NKtelecom takes any corrective action under this agreement because of an action of you or one of your customers, that corrective action may adversely affect other customers of yours and you agree that NKtelecom shall have no liability to you, any of your customers due to such corrective action by NKtelecom.
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.
You agree to indemnify, defend and hold harmless NKtelecom and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of the Terms and Conditions; (iii) any breach of any representation, warranty or covenant of yours contained in this agreement; or (iv) any acts or omissions of yours. The terms of this section shall survive any termination of this agreement.
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, 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.
NKtelecom 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.
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.