TOS

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1. Content. All services provided by KellyPrelle Hosting may only be used for lawful purposes. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography or material protected by trade secret and other statute. Customer agrees to indemnify and hold harmless KellyPrelle Hosting from any claims resulting from the use of the service that damages the subscriber or any other party.

Examples of unacceptable content or links:

Pirated Software
Warezs sites
IRC Bots
Hate Sites
Hack Programs and archives
Pornography

KellyPrelle Hosting will act as the sole arbiter as to what constitutes a violation of these conditions. KellyPrelle Hosting will fully co-operate with the law enforcement in dealing with unlawful activities performed on our network.

2. Price change. KellyPrelle Hosting reserve the right to change the price of any services at any time. Contract pricing customers will not be affected by any price change throughout the contract period.

3. Customer/Technical Support. We encourage you to contact our technical support team through email. Phone support is also available during standard business hours. Please fill out our call-back form to request for tech support.

4. CGI Script. You have full access to cgi bin. However, we reserve the right to audit the content of your script to ensure no hacking or any kind of security issues are compromised that may cause harm to KellyPrelle Hosting Network.

5. Back-up. As the servers are connected to the Internet constantly, the content in the servers are exposed to hacker’s attacks, viruses and other adverse effects. For these and many other reasons customer may loose the whole content of his/her server(s). We back-up our servers on a daily basis. KellyPrelle Hosting will not be liable for lost data even if backups were created.

6. Bandwidth/Traffic Usage. All plans have a set allotment of Bandwidth available for use. Any bandwidth usage that is over the the limit of the monthly allotment will be charged according to the terms set forth in the order form. Unused bandwidth may not be carried over to the following month.

7. Email Spamming. Email Spamming and mail bombing is strictly prohibited. Any customer who uses their e-mail for spamming will have their account terminated immediately. All fees and prepaid services will not be refunded. KellyPrelle Hosting, will act as the sole arbiter as to what constitutes a violation of this condition.

8. Server Abuse. Any customers found to abuse our servers will have their account immediately suspended. Any account that excessively uses the server resources may be temporarily stopped in order to provide optimal server resources for other users. If an account is found to be affecting server performance at a continued duration of time, it may be disabled. We recommend moving such sites to a dedicated hosting solution.

9. Uptime. KellyPrelle Hosting does not guarantee 100% uptime. We will do everything we can to provide the best uptime within our capabilities. Customers are thus advised that their service may be down (cease functioning) for many reasons. We highly recommend that customers purchase our complex hosting solution if they have critical applications that cannot tolerate any down-time. KellyPrelle Hosting does not guarantee minimal downtime, nor will we be responsible for any damages/losses caused by the server being down.

10. Network Security. Violation of Network System such as, but not limited to unauthorized access, trying to breach the network security is prohibited. Anytime a security breach is detected, the involved Server will be immediately shut down. and our technicians will immediately investigate the situation.

11. Billing information updates. Customers are responsible for updating their information. That is, billing info, address change, credit card change, etc.

12. Recurring Billing. We will only send out invoices and monthly statements by request. A small fee might apply for monthly invoice. We will send e-mail when we have successfully billed your credit card. All credit cards are billed automatically every month. If for any reason your credit card charges are denied, we will notify you of the denied charges. It is the customer’s duty to ensure that their credit card information is up-to-date and in good standing. Any account that is past due after 5 days will be suspended

13. Fees. Customer agrees to pay according to what has been ordered via order form submission.

14. Payments. All fees are due in advance. We will not activate any account that is not paid in advance. Customer support fees are billed on an hourly rate and should be prepaid.

15. Payment Methods. KellyPrelle Hosting accepts Visa, MasterCard, Money Order, and PayPal (Preferred).

16. Cancellation. If for any reason you are not satisfied with KellyPrelle Hosting's service, you may cancel your account at anytime by sending an email to hosting@kellyprelle.com There is no reimbursement and no pro-rate if customer decides to terminate services before the end of a prepaid term, regardless of the reason for the termination. KellyPrelle Hosting can terminate this agreement at the end of a billing period. KellyPrelle Hosting will not refund the setup fee for the cancellation of any account. Cancellation of contract payments are subject to one month fee of contract agreement.

17. Refusal of Service. We reserve the right to refuse, cancel, or suspend service at our sole discretion.

18. Indemnification. Customer agrees that customer shall not hold KellyPrelle Hosting liable of any claims, liabilities, losses, costs, damages, expenses, including attorneys' fees and court costs that arise from any judgments directly or indirectly created by the services of KellyPrelle Hosting to the customer.

19. Limited Liability. KellyPrelle Hosting shall not be liable under any circumstances for any damages the customer’s business may suffer for any reason, even if KellyPrelle Hosting has been advised of the possibility of such damages. If a problem occurs that is within KellyPrelle Hosting's control, we will issue credits based on the length of downtime according to the customer’s service plan. As the Internet is unpredictable, customers are aware that Network availability is not guaranteed to be 100%. KellyPrelle Hosting shall not be liable for any claims resulting from the corruption or deletion, of any website or data in KellyPrelle Hosting's servers.

20. Excused Performances. KellyPrelle Hosting shall not be responsible for any delay resulting directly or indirectly from natural disaster such as fire, shortages of facilities, acts of civil or military authority, catastrophes, or any other circumstances beyond KellyPrelle Hosting’s reasonable control. In case this happens, the customer will have to make arrangements with KellyPrelle Hosting to defer services to a mutually agreed date and time.

21. Complaints. All complaints will be investigated promptly. In the case that an account is being investigated, KellyPrelle Hosting reserves the right to suspend, restrict or terminate the account (s) in question. We will deactivate customer’s account (s) if KellyPrelle Hosting's policies are not followed.

Please report violations to: abuse@kellyprelle.com

22. Policy change. KellyPrelle Hosting reserves the right to make changes to our Acceptable Usage Policy at any time without any notification. Changes to our Acceptable Usage Policy take effect immediately upon being posted on our website.

23. Entire Agreement. This Agreement supersedes all prior and current, oral or written understandings and agreements between KellyPrelle Hosting and the customer involved. Any prior statements that are not written in this agreement, even if they are promised orally or written are deemed void. Customers hereby acknowledge and will abide by all the rules set forth in this agreement.

*Termination/terminate: To fully discontinue all service (s)

Terms of Service