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Terms &
Conditions
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 Kink Host. As used in this Agreement, "KinkHost"
means KinkHost.com, and "Client", "you", or
"your" means you. By clicking on the "Submit
Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all
policies posted on the Sexy Hosting site. As referred to in this
Agreement, "Site" refers to a World Wide Web site and
"Kink Host Site" refers to the Site located at the URL http://www.kinkhost.com
, or any other successor Sites owned or maintained by Kink Host.
1.
APPROPRIATE USE OF THE SERVICES.
Kink
Host provides the Services exclusively and makes no effort to
edit, control, monitor or restrict the content of data other than
as necessary to provide such Services.
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Client
Content. Client
agrees that it will not distribute, electronically transmit
or display any materials supplied by Client - or through
Client by a third party - to any Kink Host server in
connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of Kink
Host or any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes
hate
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contain
viruses or other computer programming defects which
result in damage to Sexy Hosting or any third party.
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Bandwidth.
Client may occupy only the amount of disk space on the Kink
Host Server and utilize no more than the network bandwidth
that is allotted by Kink Host. Additional fees, specified in
the Virtual Host plans page, will be charged for exceeding
the disk space and/or network bandwidth allowance of your
selected plan.
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No
"SPAM".
Client shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution lists to any
person who has not given specific permission to be included
in such a process. Client also shall not engage in any
unsolicited email practices at Kink Host, or otherwise, that
mentions or reference any domain hosted on Kink Host servers
or parked on Kink Host DNS servers. NOTE: THIS POLICY
APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR
RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL
DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE
SERVER. (Violators will be fined! Refer to our UCE (SPAM)
Policy).
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Licensed
Software Only.
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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Back-Up Files.
Client will have the ability to reinstate files which are
automatically archived by Kink Host; however, Kink Host does
not guarantee the existence, accuracy, or regularity of its
backup services and, therefore, Client is responsible for
making back-up files in connection with its use of the
Services. Backup capability is available through the
Client’s Control Panel.
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Termination.
Kink Host reserves the right to refuse service to anyone.
Sexy Hosting, in its sole discretion, may immediately
terminate this Agreement if Client engages in any of the
foregoing. To report any unacceptable behavior by a third
party using the Services, please contact abuse@kinkhost.com.
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2. PAYMENT
OBLIGATIONS
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Service
Fees. By the Tenth
(10th) of each month, Kink Host shall either (i) debit
Client's credit card (where such information is provided by
Client) or (ii) deliver by e-mail or regular mail an invoice
to Client in accordance with the applicable Services fees
for services rendered for the current month. Where an
invoice is delivered to Client, Client shall remit payment
to Kink Host by no later than the specified payment due
date. Kink Host shall be entitled to immediately terminate
this Agreement for Client's failure to make timely payments
to Kink Host. Certain services carry a set-up fee charged by
Sexy Hosting 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 Sexy
Hosting and agrees to pay any and all fees incurred by
Client. Because the Services are provided on a monthly
basis, 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 Kink Host for
such Services, refunds will be issued for any unused full
month portions of the Services upon Clients request.
Therefore, if Client's account is cancelled at any point
during the one (1) year term, Client will be entitled to a
refund for the months remaining after notice given by the
25th of the preceding month.
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Domain
Names. If Client
chooses to register a domain name(s) through Kink Host,
Client acknowledges and agrees that Client will pay a
registration fee(s) to register the domain name(s) with the
applicable domain name registrar. Kink Host does not offer
refunds for domain name registrations for any reason,
including misspelling of the domain name.
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3. CLIENT
LIABILITY AND INDEMNIFICATION
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The parties
agree that in no event shall Kink Host 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 Kink Host 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.
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4. TERM,
TERMINATION & REINSTATEMENT
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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 must
follow instructions for cancellation provided on the Server
Cancellation Information page. The essence of this page
states that Client must contact Kink Host to receive a
cancellation number, which Client shall retain as proof of
termination, and all cancellation requests must be received
by the Twenty-Fifth (25th) of the respective month of
cancellation. Any other attempt by Client to cancel this
Agreement by written or e-mail notice shall be void.
Sections 3 - 8 shall survive termination or expiration of
this Agreement.
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If Client
terminates its account, Client shall be allowed to
re-instate Client's use of the Services within Seven (7)
business days of cancellation. Client shall pay a fee of
Fifty Dollars ($50) prior to any re-instatement of Client's
account. Once payment has been received, Client's account
will be activated within Forty-Eight (48) business hours.
Sexy Hosting will maintain an archival copy of Client's Web
site for Seven (7) days after Sexy Hosting receives notice
of cancellation. Thereafter, Client will need to place a new
order if it wishes to subscribe to the Services.
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5. TAXES
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Client will
pay and indemnify and hold Kink Host 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.
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6. DISCLAIMER
OF WARRANTY
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THE SERVICES,
THE Kink Host SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Kink Host
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE
PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY
OF ANY KIND. Kink Host 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, Kink Host 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.
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7. LIMITATION
OF LIABILITY
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IN NO EVENT
SHALL Kink Host BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE Kink Host SITE OR ANY Kink Host
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 Kink Host CUMULATIVE
LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS
($500 US).
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Click Here For
Toll Free Tech Support ONLY 866-411-BDSM | |
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