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You must accept these
terms of service in order to use our service. These terms
of service may be updated as needed at any time without
notice. The main purpose of this agreement is to protect
all users on our servers.
Read these terms of service carefully and return here
frequently. Updates are cataloged at the bottom of this
page.1.)
Suspension
Violation of these terms of service could result in
suspension or removal of your account depending upon the
circumstances. Suspension means that your account is put
into a limbo state and is unreachable through any means.
During suspension no files are lost or altered. Accounts
found to be running a script which is causing a very high
cpu load or mail script being used to send spam will
almost always be suspended without notice to prevent
further damage. Poorly written scripts must be removed in
order for us to restore your service. Reports of spam are
taken very seriously usually resulting in immediate
account suspension and investigation without notice. We
reserve the right to suspend any or all accounts held by
you without notice if we deem it necessary to do so.
2.) Scope of Service
Our servers and pricing has been designed to be low cost
and therefore, in that spirit we are simply providing
basic http, mail & ftp level hosting services. This
also means
that applications or scripts set up by users to run on the
server which cause high cpu load may be asked to move to a
dedicated server.
High CPU load is defined as using an average of more than
2% of the server processor in a 24 hour period beginning
and ending at midnight, as determined by our server.
*For reference the average medium traffic website uses
about .5% of system resources.
Script support or other
"how-to" services are not provided. It is the
responsibility of the user to become learned in setting up
and administering their account including script installs,
file permissions, uploading procedures, etc. All script
engines are checked many times per day to be sure that they work server
wide. Support will be strictly limited to making sure that
running scripts is possible by running our test script.
Kansas Technologies staff or other members may however
be able to answer script or how-to related questions
posted to our forum for the benefit of all users.
3.) Limitation of Liability
You expressly understand and agree that Kansas
Technologies shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if
Kansas Technologies has been advised of the possibility
of such damages), resulting from: (i) the use or the
inability to use the service; (ii) the cost of procurement
of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or
messages received or transactions entered into through or
from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements
or conduct of any third party on the service; or (v) any
other matter relating to the service.
4.) Content
All services provided by Kansas Technologies may be used
for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in
violation of any United States Federal, State or City law
is prohibited. this includes, but is not limited to:
copyrighted material, material we judge to be threatening
or obscene, or material protected by trade secrete and
other statue. The subscriber agrees to indemnify and hold
harmless Kansas Technologies from any claims resulting
from the use of the service which damages the subscriber
or any other party.
4.1) Pornography and sex-related merchandising are
prohibited on any Kansas Technologies server. This
includes sites that may infer sexual content, or link to
adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be
damaging to Kansas Technologies servers or any other
server on the internet. Links to such materials are also
prohibited. This policy is in effect because of the
excessive load this material puts on our servers and
bandwidth, and the legal ramifications of such sites.
4.2) You agree to
not use the Service to:
a. upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise
objectionable.
5.) Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Illegal MP3s
Kansas Technologies will be the sole arbiter as to what
constitutes a violation of this provision. Any websites
found in violation of this policy will be cancelled and
any resulting monetary damages to us will multiplied by a
factor of two (2) and charged to the account holder.
6.) Chat Rooms
We do not allow clients to install their own CGI chat
rooms. These tend to be large system hogs and we cannot
allow it as a account option. We do provide a choice of
JAVA chat rooms free of charge that more than fill your
needs and run without hindering the performance of the
machine for others.
7.) Background running programs
We may allow programs to run continually in the
background, these are considered on a one to one basis and
an extra charge will be incurred based on system resources
used and operational maintenance needed.
8.) IRC
We currently do not allow IRC or IRC bots to be operated
on our servers. Examples include but are not limited to:
- Any IRC Bouncers such as, but not limited to, psyBNC.
- IRC Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots or proxy
servers will be suspended forever.
9.) SSH (secure shell)
Secure shell access is available to customers by request.
SSH is not set up by defaut.
10.) Discussion Forum Scripts
We have recently had issues with popular websites and
their associated discussion scripts. To protect all users
please use the following guidelines. You are encouraged to
use PHP MySQL based discussion scripts whenever possible.
Flat file discussion scripts such as Ultimate Bulletin
Board (UBB) are not allowed. Scripts which are found to be
using excess system resources will be asked to move to a
dedicated server or be disabled. This is to protect all
users on our servers.
11.) BANNED SCRIPTS
The following are scripts which either cause a great load
on our servers or pose a serious security risk, therefore
can not be run on our servers.
Any gaming server software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
These scripts are on the banned list because they have at
one time been installed by customers and have had a
serious impact on the rest of our user accounts.
12.) Commercial Advertising - Email or Usenet
Spamming, or the sending of unsolicited email, from a
Kansas Technologies server or using an email address
that is maintained on a Kansas Technologies machine is
STRICTLY prohibited. Equally, any email or usenet spam
which points to any domain hosted on a Page-Zone Web
Server will result in immediate suspension of that domain
name account and a full investigation. Any form mail
script running on your account is done at your own risk.
Ignorance of the risks of such scripts is no defense.
Kansas Technologies will be the sole arbiter as to what constitutes a
violation of this provision.
Reports of spam are given top priority if you have arrived
at this page in the course of a spam investigation and
wish to report abuse send all details and headers to
mail@page-zone.com as soon as possible.
12.1) Bulk Email
Schemes
Safelists (safe lists) or mutually accepted email
schemes or the voluntary acceptance of bulk email put an
extremely high load on our servers. Using our servers to
accept spam type or junk email in mass quantities for pay
(or free) is expressly forbidden.
12.2) Other Mail
Outgoing mail from our servers is pre-set with a hard
limit of 1000 per hour, this includes all outgoing SMTP
and Mailing Lists. Maximum POP3 mailbox checking is
limited to once each 30 seconds per email account.
13.) Server abuse
Any attempts to undermine or cause harm to a Kansas
Technologies server or customer of Kansas Technologies is
strictly prohibited. No user is allowed to use more than
2% of the server's resources. In the event there is a
problem the account holder will be notified. If the user
continues to use more than 2% of the server's resources
the account will be suspended. *For reference that average
medium traffic site uses about .5%.
14.) Damages
If you violate these terms of service and it results in
damage to our servers or causes Kansas Technologies any
additional expense or legal fees you agree to compensate
us in full for the amount of monetary damages multiplied
by a factor of two (2) as determined by us.
15.) Liability
Kansas Technologies is in no way responsible for down
time either resulting from a users actions, or natural
fluctuations in internet consistency. Kansas Technologies will however, do everything within it's power to
assure that each and every client site is up as
consistently as possible.
16.) Indemnity
You agree to indemnify and hold Kansas Technologies, and
its officers, agents or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or
your violation of any rights of another.
17.) Billing
Kansas Technologies's billing period is typically every
30 days to 360 days depending on the term you have chosen. Each account may be automatically debited each
month for the total amount due, until email notice of
cancellation is received and confirmed. If the credit card on file is
declined for any reason or check/money order isn't
received, the customer will receive notification via
email. Response to this email is required within 24 hours.
In the event there is no response from the account holder
the account will be suspended until payment is received.
After the account has been suspended for 30 days it will
be deleted. You agree that any chargeback action through
your credit card company on your part will not release
you of your debt. Any and all chargebacks will impose
additional fees of $100.00 per chargeback plus collection,
filing and legal costs.
18.) Refunds (30 day guarantee):
We hope that you are fully satisfied with your hosting
from us, but in the event you are not, we offer a 30 day
money back guarantee. Setup fees and bandwidth usage less
than 1gb are refundable within 30 days of ordering your
account. refunds are not made on accounts canceled due to
violation of our terms of service.
19.) Refunds (past first 30 days):
While we will do everything in our power to make your
hosting experience with us as satisfactory as possible, we
can in no way please everyone all the time. Refunds past
30 days are subject to review and partial months can not
be refunded. We must reserve the right to use our
business discretion in refunds past 30 days.
20.) Canceling Service
To cancel service
submit a help desk ticket indicating
that you wish to cancel service. Please supply your
account username and password for verification purposes,
or we will need to verify via email for your protection. We will immediately stop recurring
billing on your account and delete your account at
the end of its current billing cycle for the domain name
or domain names affected.
Once canceled you should
receive confirmation from us and/or your billing service.
Unsubscribing from our announcement mailing list may or
may not happen automatically. To unsubscribe follow the
link at the bottom of any mailing list message.
21.) Additional Terms
a.) Free Hosting Offering
Due to the spamming and abuse reputation of "Free
Hosting" schemes, adding hosting accounts for third
parties for no consideration or monetary price is strictly
prohibited. This also applies to giving away email
accounts to non trusted parties.
b.) Instant Account Activation
Due to the abuse risks involved in instant account
activation. Instant account activation scripts are
strictly prohibited. Instant account activation scripts
are those which create an account automatically, or send
login information to the customer (end user) with no human
intervention or screening.
c.) Reasonable Care
You agree to exercise care in screening new signups to
help prevent abuse or hit and run spamming operations from
gaining access to our servers. You agree to provide all
contact information you have on file for any domain name
hosted on our servers upon request. Failure to provide
adequate contact information may be deemed as a violation
of "reasonable care" and may put your main account in
serious jeopardy.
d.) CPanel Demo Accounts
Cpanel demos are disabled, any attempt to allow non
subscribers access to CPanel puts our servers in serious
jeopardy of becoming compromised. This is cause for
immediate suspension.
e.) Third Part Violation of TOS
Hosted domains found to be in violation of the terms and
conditions are subject to suspension or deletion without
notice depending upon the severity of the violation. Any
suspended domain must be brought into compliance before un
suspending the account. Any domain deemed by us to be in
severe violation must be removed from the server and may
never be reinstated.
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