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KCLAI.com Terms of Service (T.O.S.)

KCLAI.com provides World Wide Web page hosting and web designing services. Reserves the right to suspend or cancel any customer's access to any or all services provided by KCLAI.com when KCLAI.com decides that the account has been inappropriately used or otherwise.

SERVER USE
Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

KCLAI.com. Reserves the right to refuse service and/or access to its servers to anyone. KCLAI.com reserves the right to review included features and/or disable features for security reasons.

KCLAI.com. does not allow any of the following content to be stored on its servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files and
any material in violation of any Federal, State or Local regulation.

SPAM and Unsolicited Commercial Email (U.C.E.) - KCLAI.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (U.C.E.) or SPAM over our network. Very simply this means that customers of KCLAI.com may not use or permit others to use our network to transact in U.C.E.. Customers of KCLAI.com may not host, or permit hosting of, sites or information that is advertised by U.C.E. from other networks. Violations of this policy carry severe penalties, including termination of service.

1.. Violation of KCLAI.com 's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, KCLAI.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, KCLAI.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, KCLAI.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, KCLAI.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. KCLAI.com will notify law enforcement officials if the violation is believed to be a criminal offense.

2.. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that KCLAI.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

3.. As our Customers are ultimately responsible for the actions of their clients over the KCLAI.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) - Use of the KCLAI.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending KCLAI.com account.

Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP
spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

USE POLICY
You can run any CGI and non-CGI scripts you desire, however we reserve the right to disable any script that dramatically affects server performance.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. KCLAI.com. may implement the following policy to its sole discretion:

When a website is found to be monopolizing the resources available, KCLAI.com. Reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

PAYMENT POLICIES
All accounts are set up on a prepay basis. Although KCLAI.com. Reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment.

Payment is due each anniversary year or month following the date the account was established.

Customers WILL automatically be charged again at the end of their period d:wq .

In situations where the card number on file is declined KCLAI.com. Will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully.

In addition, KCLAI.com. Reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was To reactivate a suspended account (due payment problem) a $5 reactivating fee must be paid for each suspended account.
Established to the time that the customer sends a written cancellation request

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
All payment is only accepted in US dollars.

PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down KCLAI.com. Accepts MasterCard, Visa , Discover , American Express, and J.C.B.

CANCELLATION AND REFUNDS
KCLAI.com. Reserves the right to cancel the service at any time. Customer refund requests are to be sent to info.kclai.com and will only be processed in the cases of service non-performance that might be caused by KCLAI.com's side, Refund requests will be refused if it's requested for any cause that's out of KCLAI.com's side, For example:
- Domain transfer failure.
- Failure of any third party programs that's not supported by KCLAI.com.
- Customers leakage of experience in dealing with web basics and communication protocols

REFUND POLICY
Each of KCLAI.com's web hosting and reseller plans come with a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a refund of the contract amount excluding setup fees (if any) and overages.
All cancellations must be made here. info.kclai.com

Refund Policy for Renewals
Renewals of web hosting and reseller contracts will be refunded if KCLAI.com is notified within the first 7 days following renewal date. No refunds will be granted for notifications received after this date.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold KCLAI.com. Harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against KCLAI.com., Its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KCLAI.com. Against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with KCLAI.com's server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from KCLAI.com's server.

DISCLAIMER
KCLAI.com. Will not be responsible for any damages your business may suffer, KCLAI.com. Makes no warranties of any kind, expressed or implied for services we provide.

KCLAI.com. Disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by KCLAI.com. and its employees.

KCLAI.com. Reserves the right to revise the above mentioned policies at any time.

Thank you.
KCLAI.com
 

For further information about the our Terms of Service, contact KCLAI.com at:
 

K.C. L.A. management, L.L.C., F.L.P.
P. O. Box 7751
Independence, Mo. 64054-7751
Fax# - (877) 610-6857
 

125 E. Temple street
San Bernardino, Ca. 92410


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Copyright © 2002 [KCLA Management, L.L.C., F.L.P.]. All rights reserved.
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Last modified: 12/17/08.