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Kentucky Computing Policies: Terms of Service

Our Terms of Service have been written in order to protect our clients and ourselves to ensure we deliver a stable, reliable product and quality network. We ask that you read our policies so that you can assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone. 

When you sign up for any of our services, you are agreeing to our terms of service.  Although we will do our best to work with our customers in the event of a breech of policy, we will also take a firm line when necessary to protect our other customers and network.

Clients of Kentucky Computing, including but not limited to Virtual Account Clients, Virtual Private Account Clients, Resellers, Dedicated Server Clients, Colocation clients, and Domain Registration Clients, are required to agree and conform to the following terms of service (TOS) and acceptable use policies. Violations of these policies may result in loss of service and/or other disciplinary action.

Our TOS includes the following categories. You can click on each individual area to be taken to the individual pages or review and click on the next button to progress through the complete TOS.

Terms and Conditions of Use

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Kentucky Computing (the "Services"). As used in this Agreement, "Kentucky Computing" means kychosting.com, and "Client", "you", or "your" means you. By clicking on the "Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Kentucky Computing website. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Kentucky Computing Site" refers to the Site located at the URL http://www.kychosting.com, or any other successor Sites owned or maintained by Kentucky Computing.

In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

Payment Obligations
      Service Fees
       Late Payments
     Returned Items Fees
       Taxes
       Domain Names
Client Liability and Indemnification
Term, Termination and Reinstatement
Taxes
Disclaimer of Warranty
Limitation of Liability
Miscellaneous

Payment Obligations

Service Fees. Client must promptly remit payment to Kentucky Computing when it is due, as outlined in the Billing FAQ. If payment or credit authorization is not received by the date due, Kentucky Computing reserves the right to remove all content from the Client's website and make it unreachable to Client.

Where an invoice is delivered to Client, Client shall remit payment to Kentucky Computing by no later than 10 days after the specified payment due date. Kentucky Computing shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Kentucky Computing. Certain services carry a set-up fee charged by Kentucky Computing to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Kentucky Computing and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Kentucky Computing for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client's account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late Payments. Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to Kentucky Computing all expenses incurred by Kentucky Computing in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Kentucky Computing. Late Fees will continue to accrue as long as there is an outstanding balance.

Returned Item Fee. Accounts with returned checks and/or e-checks will be assessed a $35.00 returned item fee.

Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names. If Client chooses to register a domain name(s) through Kentucky Computing, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Kentucky Computing does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

Client Liability and Indemnification

The parties agree that in no event shall Kentucky Computing be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Kentucky Computing from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Term, Termination & Reinstatement
  • Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client submit a helpdesk ticket. All cancellation requests must be received by the 25th of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be DCNid. Sections 3 - 8 shall survive termination or expiration of this Agreement.
  • If Kentucky Computing suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from Kentucky Computing and full payment of balances due. A reinstatement fee of $25.00 will be applied.
  • If a Client terminates their account, Kentucky Computing will disable the server/account the day the client specifies the account is canceled. Kentucky Computing will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
Taxes

Client will pay and indemnify and hold Kentucky Computing harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

THE SERVICES, THE KENTUCKY COMPUTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE KENTUCKY COMPUTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. KENTUCKY COMPUTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KENTUCKY COMPUTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL KENTUCKY COMPUTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE KENTUCKY COMPUTING SITE OR ANY KENTUCKY COMPUTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL KENTUCKY COMPUTING CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).

Miscellaneous

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

    If to Kentucky Computing:

      Kentucky Computing
      P.O. Box 68
      Millwood, KY 42762-0068

    If to Client:

      Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Kentucky Computing. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and Kentucky Computings policies are subject to change by Kentucky Computing without notice. Continued usage of the Services after a change to this Agreement by Kentucky Computing or after a new policy is implemented and posted on the Kentucky Computing Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Kentucky Computing Site for any changes or additions.

 

 


 

 

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