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This Terms of Service Policy applies to the following:
- NCKCN as a whole and all of its products and services
- You, the user – which refers to individuals using NCKCN’s products and services, and/or
- You, the visitor – which refers to individuals visiting and viewing any of NCKCN’s websites
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NCKCN Terms of Service Policy:
By connecting to an using the NCKCN wireless network, you acknowledge that you have read and agree to this Terms of Service agreement.
- You are of legal age (18+) and that you have read and understand this agreement. Any restriction or monitoring of a minors access to the service is the sole responsibility of the parent or guardian.
- You agree not to use this wireless network for any purpose that is unlawful, fraudulent, harassing, harmful to others, illegal activity or for any for-profit activities; and that you are legally and solely responsible for your actions while using this wireless network.
- You agree this wireless network is provided “as is” without warranties of any kind, either expressed or implied and is to be used solely at your own risk and responsibility without guarantee of service, security or support.
- You agree this wireless network, provided by NCKCN and its partners, is for your convenience and its operation and availability is completely at their discretion. Access to the network may be blocked, suspended, or terminated at any time without notice for any misuse or violations of this agreement.
NCKCN and its partners provides the NCKCN network as a public service. Your access is at the discretion of NCKCN and its partners. It may be blocked, suspended, or terminated at any time for any reason including, but not limited to: a) violation of this agreement; b) actions that may lead to liability for NCKCN and its partners; c) disruption of access to other users or networks; d) and violation of applicable laws or regulations. NCKCN and its partners make every reasonable effort through the use of monitoring and filtering software to ensure that websites containing inappropriate or unacceptable content are blocked from this service.
NCKCN and its partners is responsible for keeping the NCKCN network service available within reason, but we cannot provide technical support for your computer device or software configuration. We cannot guarantee that your hardware or software will work with this this service.
NCKCN and its partners assumes no responsibility for loss of data, malicious software including viruses, theft, or damage of property, including but not limited to: a) laptops; b) cell phones; c) tablets; d) or other personal communication devices due to your access to, use of, or browsing of any website or downloading of materials from any website.
NCKCN Co-Location Terms of Service Policy:
NCKCN (“NCKCN Co-Location”) agrees to furnish services to the Subscriber, subject to the following Terms of Service (ToS).
Use of NCKCN Co-Location services and resources constitutes acceptance and agreement to NCKCN Co-Location’s Terms of Service & Acceptable Use Policy.
All provisions of contracts with NCKCN Co-Location are subject to the Terms of Service (ToS) and Acceptable Use Policy (AUP). The Acceptable Use Policy (AUP) may be changed from time to time at the sole discretion of NCKCN Co-Location. Members understand that changes in the Acceptable Use Policy (AUP) are not grounds for non-payment or early contract termination.
- Disclosure: The subscriber gives NCKCN Co-Location consent to disclose any and all information relating to the subscriber to any law enforcement agent who makes a written request without further consent, or notification to the subscriber. In this event, NCKCN Co-Location reserves the right to terminate all services to this account without refund.
- Service Rates: The subscriber acknowledges that the nature of services, and initial rates and charges have been communicated, or made available to the subscriber. The subscriber is aware that NCKCN Co-Location may from time to time change the specified rates and charges. All offers are contingent on NCKCN Co-Location meeting its cost of service goals, which may include, but is not limited to rates charged to the company by the suppliers it uses.
- Payment: Establishment of services is dependent upon receipt by NCKCN Co-Location of stated charges. Subsequent payments are due on the anniversary date of the month, for the term of service, whether monthly, quarterly, semi-annually, or yearly. All services provided by NCKCN Co-Location are billed in United States currency (USD) unless otherwise stated at time of purchase. Residents of Canada are subject to 7% GST on all purchases.
- Payments and Fee’s: Credit cards which are declined may be subject to a $5.00 declination fee. Payments on credit cards which are reversed for any reason will be subjected to a $100.00 reversal fee. Services may be interrupted on any accounts which reach 14 days past due. Accounts interrupted as a result of non-payment will be subjected to a $100.00 re-connection fee. Accounts which are not paid by their due date are subject to a $15.00 late fee. Any additional service fee’s, including technical support, bandwidth overage charges, and other additional fines, or fee’s will be charged at the end of the month, or at NCKCN Co-Location’s discretion. Accounts which can not be collected by NCKCN Co-Location may be turned over to an outside collection agency, and the subscriber agrees to pay a $100.00 Collection Fee.
- Refunds and Disputes: All payments to NCKCN Co-Location are non-refundable unless stated otherwise by NCKCN Co-Location at the time of the dispute. All disputes of charges must be reported within 45 days of the time the dispute occurred. If the subscriber disputes a charge to their credit card which is at NCKCN Co-Location’s sole discretion a valid charge under the provisions of the Acceptable Use Policy (AUP) and/or Terms of Service (ToS), the subscriber agrees to pay NCKCN Co-Location a $100.00 reversal fee.
- Failure to Pay: NCKCN Co-Location reserves the right to deny service, or terminate accounts upon the failure of the subscriber to pay charges when due. Termination or denial as a result of failure to pay will not relieve the subscriber from the payment of all accrued charges, plus reasonable interest and all collection fee’s. NCKCN Co-Location reserves the right to retain any and/or all of the customers equipment in the event of failure to pay. Should the customer fail to make upon appropriate payment arrangements with NCKCN Co-Location within 60 days, NCKCN Co-Location reserves the right to liquidate customer equipment, in part, or in whole, to repay overdue accounts.
- Account Cancellation: All requests concerning account cancellations must be sent to NCKCN Co-Location with at least 15 days notice, but not more than 45 days notice. All account cancellations must be confirmed with NCKCN Co-Location. When requesting an account cancellation, the subscriber must have all information relating to their account on hand for verification.
- Availability of Services: The subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of NCKCN Co-Location. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, the subscriber agrees that NCKCN Co-Location shall not be liable for damages arising from causes beyond the direct and exclusive control of NCKCN Co-Location. The subscriber also acknowledges that NCKCN Co-Location’s liability for it’s own negligence may not in any event exceed the amount in equivalent charges payable by the subscriber for services during the period which damages occurred. In no even what-so-ever shall NCKCN Co-Location be responsible or liable for any special or consequential damages, loss, or injury.
- Domain Related: All accounts involving the registration, or transfer of an existing domain name will be set up and entered into NCKCN Co-Location’s DNS servers with 7 business days. Due to complications in domain transfer, some accounts involving the transfer of domains may take up to 60 days to process. If as a result of complications transfer of domain should take more than 7 days, and the subscriber cancels service before 60 days have incurred, all charges will be considered valid and earned.
- Support Boundaries: NCKCN Co-Location reserves the right to limit it’s technical support to it’s area of expertise. NCKCN Co-Location provides support for issues which directly relate to servers, or virtual accounts functioning. Support issues relating to programming, development, or software related problems will be billed to the subscriber at an additional rate in 30 minute minimum intervals.
- SPAM: The subscriber acknowledges that NCKCN Co-Location defines “SPAM” email as any and all bulk email and Unsolicited Commercial email, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account.
- Internet Protocol (IP) Address Ownership: All Internet Protocol (IP) addresses which are assigned to subscribers belong only to NCKCN Co-Location. Subscribers shall have no right to use Internet Protocol (IP) addresses except as permitted and assigned by NCKCN Co-Location in it’s sole discretion. NCKCN Co-Location shall maintain control and ownership of all Internet Protocol (IP) addresses which it assigns, and reserves the right to modify, or remove any and all Internet Protocol (IP) addresses it assign’s.
- Bandwidth/Disk: The subscriber agrees that should they exceed allocated disk space or bandwidth, they shall pay NCKCN Co-Location the respective “overage” charges which have been communicated, and/or made available to the subscriber. NCKCN Co-Location reserves the right to deny additional disk space, or bandwidth usage which it deems to be unreasonable and the subscriber is aware that corrective action may be taken as a result, which may include discontinuance of any/all services, or termination of any/all services. The subscriber is aware that any corrective action taken as a result of the subscriber exceeding their allocated resources shall not entitle the subscriber to a refund of any fee’s paid in advance prior to such corrective action.
- Offensive Materials: NCKCN Co-Location reserves the right to remove any and all materials which are deemed to be offensive by NCKCN Co-Location. The subscriber is aware that NCKCN Co-Location may delete, disconnect, or terminate any services, resources, or accounts on which the offensive materials are located, or connected to. The subscriber is aware that should NCKCN Co-Location choose to take any action relating to materials or content which NCKCN Co-Location deems as offensive shall not entitle the subscriber to a refund of any form.
- Violation of Terms of Service/Acceptable Use Policy: NCKCN Co-Location is under no obligation to monitor its subscribers activities to determine whether violations of their Acceptable Use Policy (AUP) have occurred. NCKCN Co-Location assumes no responsibility through its Acceptable Use Policy (AUP) to monitor or ‘police’ Internet-related activities. The subscriber is aware that NCKCN Co-Location shall deal with each violation of the Acceptable Use Policy (AUP) and/or all other issues on a case-by-case basis, and is aware that NCKCN Co-Location is under no obligation to provide “warnings” under any circumstances. NCKCN Co-Location may choose to “warn” subscribers NCKCN Co-Location feels that the subscriber may be breaking the Acceptable Use Policy (AUP).
- Appearance and Network Protection: NCKCN Co-Location reserves the right to protect it’s network, resources, and services from influences which threaten to disrupt, or degrade NCKCN Co-Location’s network, resources, or services. The subscriber is aware that NCKCN Co-Location may firewall, drop, or disable Internet Protocol (IP) addresses which may cause harm to NCKCN Co-Location’s resources, services, or appearance. This may include, but is not limited to: subscribers who project a negative appearance of themselves or of NCKCN Co-Location, subscribers who attract, have attracted, or may attract Denial of Service (DoS) attacks, subscribers who are suspected of using NCKCN Co-Location’s services to SPAM, or Subscribers who are running insecure, or inappropriate services such as open proxy’s/relays. All firewalls or any protection related to the subscribers co-location is the sole responsibility of the subscriber.
- Service Cancellation/Suspension: NCKCN Co-Location reserves the right to cancel or suspend any subscribers service which NCKCN Co-Location feels may be the target, or source of any violations of the Acceptable Use Policy (AUP), or for any other reasons NCKCN Co-Location chooses. If inappropriate activity is suspected, all accounts relating to the subscriber in question may be disabled for the duration of NCKCN Co-Location’s investigation. NCKCN Co-Location is under no obligation to refund, or credit the subscribers account(s) for such service interruptions.
- Indemnification: The subscriber indemnifies NCKCN Co-Location for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to NCKCN Co-Location, or the bringing of any claim against NCKCN Co-Location by any third-party. If any damages are awarded against NCKCN Co-Location as a result of the subscribers negligence, or a user on their systems, the subscriber agrees to pay any and all damages awarded against NCKCN Co-Location, and all attorneys fee’s.
- Waiver: The subscriber understands that should NCKCN Co-Location choose to give the subscriber a waiver for any breach of the Acceptable Use Policy (AUP), it shall not be used, or be constructed to be a waiver for continuing or subsequent breaches of the Acceptable Use Policy (AUP), or as a waiver for any other breaches of the Acceptable Use Policy (AUP).
- Transfer of Ownership: The subscriber shall not transfer, or assign this agreement without the prior written consent of NCKCN Co-Location. NCKCN Co-Location reserves the right to cancel customers rights under this contract at anytime without further obligation.
- Damages: NCKCN Co-Location is not responsible for any damages which may damage the subscribers business. NCKCN Co-Location does not make any written or implied warranties for any services it may offer. NCKCN Co-Location denies any warranty or merchantability for any specific purpose. This may include, but is not limited to loss of data resulting in delays, incorrect deliveries, non-deliveries, any and all service interruptions caused by NCKCN Co-Location.
- Content: The subscriber acknowledges that they are solely responsible for the content stored on, or transferred through NCKCN Co-Location’s services and/or resources.
- Personal Information: The subscriber grants NCKCN Co-Location consent to collect, and/or store personal information relating to the subscriber. This may include, but is not limited to credit history, credit card information, and information relating to the subscribers online activities. The subscriber is aware that NCKCN Co-Location may choose to store specific billing information relating to the subscriber such as, but not limited to credit card numbers, and additional information for the convenience of automatic billing. The subscriber consents NCKCN Co-Location to automatically bill the subscriber for all recurring services, and/or additional charges, expenses, or penalties.
** Transfer rate is the minimum NCKCN guarantees theoretical throughput to the subscriber. The subscriber will connect to our Fast Ethernet core networking. Bandwidth is then limited to both the hardware of NCKCN and the subscriber.