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Terms of Service

It is The Responsibility of the Customer, to read and follow these TOS (Terms of Service). Any Violation Could Result in Account Termination Without Refund. KwShell Internet Services reserves the right at any time to change these Terms of Service without prior notice to you the Customer.
KwShell Internet Services reserves the right to revoke your account at any time without refund for any violation that may arise that is not stated in these terms of service agreement as we see fit.
 
Billing
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All charges for Services (including installation and professional support fees) are non-refundable and must be paid in advance according to the then current price applicable to the Services. Upon registration for hosting, game servers, irc related accounts or any other service the customer must choose to pay for the Services either by credit card or upon your receipt of an invoice. If customer chooses to pay by credit card upon registering for any services the customer thereby authorizes KwShell Internet Services to charge your credit or debit card to pay for any charges that may apply to your account. The customer must notify KwShell Internet Services of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit KwShell Internet Services from charging your account.
Upon Any Cancellation of any account, the customer must notify, KwShell Internet Services by email listed on our support page.  The Customer will receive no refund for a cancellation. Be sure to cancel before the following billing statement to ensure no billing takes place. If you fail to pay for your account it will become suspended when 5 days overdue, IF no payment is received within 10 days your account will be terminated. KwShell Internet Services to E-mail you prior to Suspension and/or cancellation to inform you the customer that payment is needed. The Customer will not be able to retrieve any files/programs during this suspension/cancellation. All files/programs will become the property of KwShell Internet Services upon account termination.

Purchase Information: Credit Cards we gladly accept all major credit cards Visa, MasterCard, Discover, American Express which are processed through authorize.net.  We also accept Knet for Kuwaiti Banks. All credit card payments will appear on your statement as "KwShell". PayPal will appear on your statement "KwShells Co" or "PayPal KwShells Co".

KwShell will issue no refunds on services. All sales are final.

Service Cancellation: Requests for canceling accounts/services must be made in writing with at least 10 days written notice prior service renewal date and sent to: billing@kwshell.net accounts/services shall not be refunded if the company was not notified for cancelling your account/service in a timely manner.
 
Disclaimer
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KwShell Internet Services is not in anyway responsible for any loss's of any kind on our server(s) and are not in any way responsible for any damages that a customer may encounter. KwShell Internet Services does not or will not express any such warranties nor imply that warranties exist for the services we provide. KwShell Internet Services will provide you the customer access to our servers to the best of our ability. KwShell Internet Services does not have any control over Service outages; however in the extent of an outage longer than 72 hours, the customer will be credited for the days of service loss (usually 3 or more days added to your Payment Due Date). KwShell Internet Services or Staff will make no guarantee of the stability of our services as our machine(s) do not run at our physical location.
 
Termination and Suspension
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The following actions will be grounds for suspension and/or Termination:
1) Bandwidth abuse.
2) Unjustifiable Memory and/or CPU Usage.
3) Packet Attacks (Denial Of service Attacks) or any participation in packet attacks. Storage or use of any Unacceptable programs/files including but not limited to: Resource Hoggers, Game Servers Ventrilo, Shout casts, webcam servers, daemons not accepted by Admin's, or XDCC or alike File Sharing Programs without the consent of KwShell Internet services can result in your account being terminated and you will be fined for excessive bandwidth usage if applicable. Bandwidth is charged at $0.50 USD per GB.
If you are concerned about your usage please contact a staff member. Hacking, Port Sniffing, Password Cracking or any other offence that is deemed unlawful by any Law Enforcement Agency, Will be terminated immediately and you IP and User Information Will be Sent to Law Enforcement officials. The Customer will be terminated and/or suspended for all listed and unlisted offences; Administrators have the right and authority to suspend or terminated your account without your consent or approval. No refunds are issued for any accounts that are suspended or terminated because of abuse.
 
IRC Shells and Bots
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IRC Bots that are acceptable: We allow eggdrop bots with any script, cnt or evl botpacks. We also allow emech bots under the condition our staff build the bot. You must specify and work with our staff to build emech bots so that we have all your specs to configure your bot. Each spawn from an emech counts as one process.  IRC Shells using the shell account to chasing Channels or nicknames, as the channels is frozen or the nickname or any of times your account will be suspended or terminated. Anyone caught using cnt, evl, wraith or any botpack that is high cpu and memory using without explicit permission from KwShell Internet Services will be removed immediately without refund. Any user caught using emech that was not staff setup will be removed immediately without refund.
 
IRC is allowed on our irc/shell servers. KwShell Internet Services does not allow IRC or IRC bots to be operated on our web hosting servers. Changing username/ident on shell servers for irc is 5$ per username change. Changing custom vhost on shell servers for irc is 2$ per custom vhost change. We have the policy of 1 irc connection = 1 back ground process. (Non-IRCD Process) Ident spoofing is not allowed if ever found your account will be terminated without refund.

Server Abuse
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Any attempts to undermine or cause harm to KwShell Internet Services server or customer are strictly prohibited. Inviting/Spamming on IRC is also not tolerated, if found your account shall be terminated with no refunds. Going against the AUP of any IRC server/network using our server is also considered as abuse and if ever found your account shall be terminated with no refunds. HTTP and/or SOCKS Proxies are not allowed on any of the IRC/UNIX/IRCD Shells. Please ask sales@kwshell.net for special package for proxies.

Account Sharing
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NO ACCOUNT SHARING IS ALLOWED.
You the Customer are responsible for any and all unauthorized access to your account. KwShell Internet Services is in no way responsible for any damage that you or any other user using your account may cause. If you feel that your login and/or pass have been compromised KwShell Internet Services will change it for you at no cost, given it do not occur often. You the customer are responsible for any damages that may occur to the machine or machine environment in the event you are compromised. If your account is a linked in any way to malicious activities or you or your account compromises the security of the machine or its users you will be immediately locked and all info on you will be placed in our archive and sent to local law enforcement as well as federal law enforcement. No sharing of bnc accounts. This will result in removal of accounts. We consider it theft of services and will not be tolerated. We allow 1 user per bnc unless otherwise stated by one of our administrators.
 
Web Hosting
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KwShell Internet Services will exercise no control whatsoever over the content of the information passing through the network or on the customer's web sites. What we do exercise control over is child pornography. If any user is caught or has any links on a site to any child pornography you will be reported to the proper authorities, your account will be locked and content will be unzipped and you will not receive refund. Child pornography is illegal, offensive, distasteful, and not acceptable. If you don't understand what child porn is, it is pornography of children under the age of 18 years of age. This means consent or not by the person in the picture it is still illegal.
KwShell Internet Services makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. KwShell Internet Services also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the customer. KwShell Internet Services is not responsible for any loss, erasure, or corruption of customer's data or files whatsoever. Use of any information obtained by way of KwShell Internet Services is at the customer's own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of connection to our network and does not represent guarantees of available end to end bandwidth.
KwShell Internet Services expressly limits its damages to the customer for any non accessibility time or other down time to the pro-rate monthly charge during the system unavailability. KwShell Internet Services specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", KwShell Internet Services may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers.
KwShell Internet Services agrees to notify customer immediately of our refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by KwShell Internet Services within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.

Using webhosting shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Hosting are not limited to and include:

     Topsites
     IRC Scripts/Bots
     Proxy Scripts/Anonymizers
     Pirated Software/Warez
     Image Hosting Scripts (similar to Photo bucket or Tinypic)
     Auto Surf/PTC/PTS/PPC sites
     IP Scanners
     Brute force Programs/Scripts/Applications
     Mail Bombers/Spam Scripts
     Banner-Ad services (commercial banner ad rotation)
     File Dump/Mirror Scripts (similar to rapid share)
     Commercial Audio Streaming (more than one or two streams)
     Escrow/Bank Debentures
     High-Yield Interest Programs (HYIP) or Related Sites
     Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,  Ponzi, MLM/Pyramid Scheme)
     Sale of any controlled substance without prior proof of appropriate permit(s)
     Prime Banks Programs
     Lottery Sites
     MUDs/RPGs/PPBGs
     Hateful/Racist/Harassment oriented sites
     Hacker focused sites/archives/programs
     Sites promoting illegal activities
     Forums and/or websites that distribute or link to warez/pirated/illegal content
     Bank Debentures/Bank Debenture Trading Programs
     Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Resource Usage:
User may not:
     Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
     Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
     Run any type of web spider or indexer (including Google Cash/AdSpy) on shared servers.
     Run any software that interfaces with an IRC (Internet Relay Chat) network.
     Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
     Participate in any file-sharing/peer-to-peer activities
     Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
     Run cron entries with intervals of less than 15 minutes when using PHP include functions for including a local file; include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include ("include.php")


Price Change: The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on KwShell Internet Services, and the right to increase the amount of resources given to plans at any time. KwShell Internet Services reserves the right to change the monthly payment amount and any other charges at anytime.

Denial of Service Attacks
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In the even of a distributed denial of service attack we will attempt to prevent this attack on our network with our mitigation techniques. As known some attacks are so large they can not be stopped. In the even of such an attack against our network in a whole we may credit you on a pro-rate scale for any downtime as a result to this. If at anytime a machine in particular is attacked we reserve the right to null route the machine to make safe for the rest of our network. If continuous attacks against a machine are made we reserve the right to terminate your contract without refund and you may be charged for excessive bandwidth usage. If any machine is found to be issuing a denial of service attack against another machine you will be null routed immediately and you will be terminated without refund.
 
Minor Technical Support
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Minor technical support is free of charge to our end customers. Minor technical support can be found at our live help desk on the website.
 
Major Technical Support
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Major Technical Support will be billed at a rate of $50.00 US per hour with a minimum of 1 hour. All major technical support must be paid immediately after the support is preformed by the technician. If at any time you cannot pay for this support you must contact billing and support to make arrangements for making payment. If payment is not made for technical support your machine will not be released back to you until this support is paid for.
KwShell will issue no refunds on services. All sales are final.
These terms of service are subject to change at any given time without warning or notice. We reserve the right to make changes as we see fit. If at any time you feel you have been revoked proper service or feel a staff member has done you unjust please send an email stating the problem and staff member if applicable to: support@kwshell.net

Dedicated Servers
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IMPORTANT NOTICE: *All Payments to KwShell Internet Services Are Non-Refundable All sales are final.*
KwShell Internet Services ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of KwShell Internet Services Service constitutes acceptance and agreement to KwShell Internet Services' AUP as well as KwShell Internet Services' TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of KwShell Internet Services and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, county of Cook applicable to contracts enforceable in that state. Venue will be Cook County, Illinois.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition KwShell Internet Services shall have the right to terminate all service set forth in this Agreement.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Payments and Fees:
Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by KwShell Internet Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:
All payments to KwShell Internet Services are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in KwShell Internet Services' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay KwShell Internet Services an "Administrative Fee" of not less than $50 and not more than $150.

Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to: billing@kwshell.net  
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries: KwShell Internet Services provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: KwShell Internet Services provides support related to your server or virtual site physical functioning. KwShell Internet Services does not offer tech support for application specific issues such as cgi programming, html or any other such issue. KwShell Internet Services does not provide technical support for YOUR customers. If you can email, we encourage you to email support@kwshell.net for assistance. If you are able to get online and have other questions, the answers may be on our web site - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

SPAM and Unsolicited Commercial Email (UCE): KwShell Internet Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of KwShell Internet Services may not use or permit others to use our network to transact in UCE. Customers of KwShell Internet Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of KwShell Internet Services' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, KwShell Internet Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, KwShell Internet Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, KwShell Internet Services may, at its sole discretion, restrict, suspend or terminate customer's account. Further, KwShell Internet Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. KwShell Internet Services will notify law enforcement officials if the violation is believed to be a criminal offense.
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 KwShell Internet Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the KwShell Internet Services network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Network:
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IP Address Ownership: If KwShell Internet Services assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to KwShell Internet Services, and Customer shall have no right to use that Internet Protocol address except as permitted by KwShell Internet Services in its sole discretion in connection with the Services, during the term of this Agreement. KwShell Internet Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by KwShell Internet Services, and KwShell Internet Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). KwShell Internet Services will monitor Customer's bandwidth and disk usage. KwShell Internet Services shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in KwShell Internet Services' sole and absolute discretion. If KwShell Internet Services takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, KwShell Internet Services may, at its sole discretion, collect a deposit, in an amount determined by KwShell Internet Services, against customer's credit card on file with KwShell Internet Services.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the KwShell Internet Services Network. Violations of system or network security may result in civil or criminal liability. KwShell Internet Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
     Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
     Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
     Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
     Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
     Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation: KwShell Internet Services is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which KwShell Internet Services determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at KwShell Internet Services' discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that KwShell Internet Services determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: KwShell Internet Services reserves the right to suspend network access to any customer if in the judgment of the KwShell Internet Services network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which KwShell Internet Services chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
KwShell Internet Services reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of KwShell Internet Services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
KwShell Internet Services reserves the right to cancel the account at any time with or without prior notice. Any abuse of our staff in any way or format will result in the suspension or termination of your services.

Indemnification: KwShell Internet Services wishes to emphasize that in agreeing to the KwShell Internet Services Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies KwShell Internet Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to KwShell Internet Services or the bringing of any claim against KwShell Internet Services by any third-party. This means that if KwShell Internet Services is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against KwShell Internet Services, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
KwShell Internet Services takes no responsibility for any material input by others and not posted to the KwShell Internet Services Network by KwShell Internet Services. KwShell Internet Services is not responsible for the content of any other websites linked to the KwShell Internet Services Network; links are provided as Internet navigation tools only. KwShell Internet Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
KwShell Internet Services is not responsible for any damages your business may suffer. KwShell Internet Services does not make implied or written warranties for any of our services. KwShell Internet Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by KwShell Internet Services.

Responsibility for Content: You, as KwShell Internet Services' customer, are solely responsible for the content stored on and served by your KwShell Internet Services server.

Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
KwShell Internet Services may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships KwShell Internet Services has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by KwShell Internet Services and not by the Third Party Vendor. Neither KwShell Internet Services nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from KwShell Internet Services or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither KwShell Internet Services nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and KwShell Internet Services with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

Last update: Feb 14th 2009.

  
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