USE OF
KAZIX SERVICE CONSTITUTES ACCEPTANCE AND AGREEMENT TO KAZIX'
MASTER SERVICE AGREEMENT AND KAZIX' ACCEPTABLE USE POLICY
, COLLECTIVELY REFERED TO AS THE "AGREEMENT".
IF YOU
DO NOT AGREE TO ANY PART OF THE AGREEMENT YOU MUST NOTIFY
KAZIX IMMEDIATELY. YOU MAY NOT USE KAZIX SERVICES IF YOU
DO NOT READ AND ACCEPT THE AGREEMENT IN ITS ENTIRETY.
The MASTER SERVICE AGREEMENT and the Acceptable Use Policy
are entered into by and between the Customer and KAZIX.
The two documents are agreed to jointly and must be adhered
to as if one.
Customer acknowledges that this is a contract for which the customer and KAZIX
have each promised and/or provided good, valuable and adequate
consideration in the form of monies, services or other benefits or forbearances.
Use of any of KAZIX services by Customer acknowledges that
Customer read, understood and agreed to all of the provisions
of this contract.
MASTER
SERVICE AGREEMENT
THIS MASTER SERVICES AGREEMENT (the "Agreement") is made
and entered as of the date of first subscription payment (the "Effective Date"), by and
between Kazix Internet Services ("KAZIX") and you, the subscriber
("Customer"). Kazix and Subscriber are sometimes collectively
referred to herein as the "Parties" or individually as a
"Party." This agreement is made in connection and addition to the Acceptable Use Policy ("AUP"),
annexed hereto.
The Parties agree as follows:
TERM
This Agreement is effective and the Parties' obligations
commence on the
Effective Date and continue
in effect for a period as specified (the "Initial Term").
Upon expiration
of the Initial Term, if Customer is not then in default
under this Agreement then term of this Agreement will renew
automatically for the same length of time as the Initial
Term ("Renewal Term"), unless (1) KAZIX receives actual
notice from Customer of Customer's intention
to terminate thirty days prior to the expiration of the Initial Term (2) KAZIX for any
reason decides
to terminate. In such a case the Agreement will terminate
on the last day
of Customer's billing cycle after KAZIX receives said notification,
e.g., if the plan calls for an annual subscription, the Agreement will terminate on
the 365th day from the Effective Date if, during that year
KAZIX received notice from Customer of Customer's intent
to terminate. The Renewal Term shall be subject to the same
agreements and shall be terminated in the same manner as
the Initial Term.
SERVICE
Scope: Customer shall purchase, and KAZIX shall provide,
services specified (Basic, Silver or Gold or other services
that KAZIX may from time to time make available, as per
the agreement) the "Services" under the terms and conditions set forth in this Agreement.
This Agreement shall be binding from the Effective Date
and terminate only
when KAZIX receives actual notice from Customer of Customer's
intention to
end service. The Agreement will terminate on the last day of Customer's billing cycle
after KAZIX receives said notification, e.g., if the plan calls for an annual
subscription,
the Agreement will terminate on the 365th day from the Effective Date
if, during that year KAZIX received notice from Customer
of Customer's intent to terminate.
Commencement of Services. KAZIX shall use commercially
available efforts to provide the Services on or shortly after effective date. The
Parties acknowledge and agree that KAZIX's obligation to commence Services on the Commencement Date may be delayed
for reasons beyond
KAZIX's reasonable
control, including,
but not limited to, actions
or inactions
by Customer, and/or KAZIX's carrier(s) other suppliers,
or third-parties. Delays by KAZIX in commencing services
shall not constitute breach of this Agreement unless
such delay exceeds thirty (30) days and is solely the unjustifiable
fault of KAZIX.
Service Availability; Maintenance. KAZIX shall use all
commercially reasonable
efforts to minimize Service outages in accordance with the
prevalent industry standards, KAZIX reserves the right to
perform any routine or emergency maintenance work (including
upgrades) that may limit or suspend the availability in
whole or in part of the Services at any time, KAZIX may,
when possible, provide reasonable electronic or other prior notice of any scheduled
routine maintenance activities. The suspension
of the availability of any of the Services pursuant to this
Section shall
not be deemed to be a breach by KAZIX of any of its obligations under this Agreement. KAZIX agrees
to make reasonable
efforts to maintain 99.5% server uptime as measured by a
3-month average performance. Such performance
is KAZIX' goal and is NOT guaranteed in any way. Failure
of KAZIX to maintain any specified server uptime shall not
be deemed a breach of this Agreement unless service is totally
unavailable for thirty (30) consecutive
days or uptime falls below 35% averaged over the course
of six (6) months
as measured by Alertra Uptime Monitoring.
CHARGES AND PAYMENT
Charges and payment obligation. The charges for the Services and the
schedule for payment are agreed to at the initial payment,
either at annual or monthly
intervals, or any other customized agreement that KAZIX
and Customer may reach. Customer shall pay KAZIX for all
Services in accordance with this Agreement and other implied
agreements. All payments shall be made in U.S. dollars.
Customer is liable for all charges for the Services, including,
without limitation, any fraudulent usage charges that cannot
be resolved though KAZIX investigation.
Additional Features:
Customer may purchase additional features for their accounts after
the Effective Date. Such features shall also be subject
to this Agreement except that the Effective Date for renewal
of services for such features shall be based on the initial payment for the specific
feature.
Payment Procedure. Payment is due prior to the time period
being paid for. Each month
must be paid for in full before or on the thirtieth day of the month's
service, each year must be paid in full on or before the 365th day of the previous
year's service. KAZIX reserves the right to suspend service
until payment is made. Failure of KAZIX to suspend services
shall not be deemed a waiver of any of its rights. Payments
are to be made either via PayPal and sent to sales@kazix.com,
via 2checkout.com and sent to sales@kazix.com
or via other arrangements that may be made and agreed to
in writing.
Taxes. Customer is responsible for all international, federal, state and local sales, use
and excise and other taxes and fees imposed by any entity
with appropriate authority pertaining to Customer's use
of the Services.
Modification
of Charges. At any time upon
(15) fifteen days notice prior to any renewal date, KAZIX
may, at its discretion
change rates charged for services. KAZIX cannot raise rates
retroactively but only
for future services even under the scope of an initial agreement,
assuming such charges have not yet been paid.
CUSTOMER RESPONSIBILITIES
In addition
to Customer's other responsibilities as expressly set forth elsewhere
in this Agreement and the Acceptable Use Policy, Customer
shall be responsible
for the following:
Cooperation.
Customer shall cooperate with KAZIX by making available,
as requested by KAZIX, any assistance that KAZIX reasonably deems necessary to accomplish its
obligations and
responsibilities
hereunder.
Protection of
Property. Customer shall at all times use due care to prevent
damage to KAZIX's property and/or any property of any third
parties utilized by KAZIX to provide the Services. If any
such property is damaged by an act or omission of Customer (or any of its employees,
agents or subcontractors), Customer shall promptly and
equitably reimburse KAZIX for the damage or repair, or otherwise
make good the same to KAZIX' satisfaction. If Customer fails to do so, KAZIX may
reimburse the owner of any property damaged by Customer
and recover the costs thereof from Customer. This provision shall not be construed to relieve Customer of, or limit
Customer's liability under, any other provision of this Agreement, tort loss or destruction
of, or damage to, any property.
Security. Customer shall be solely responsible for selection of security, and use of any code, password
or other means necessary to restrict access to its computers,
servers, or other equipment through the Services.
Compliance with Laws. In its performance of this Agreement,
Customer shall fully comply with all applicable federal,
state and local and international
laws, including but not limited to adherence to copyrights.
See KAZIX' Acceptable Use Policy for full details of this
provision.
PROPERTY RIGHTS; LICENSE
Property Rights and Usage. Customer acknowledges that all
of the Services, property and all other materials, including,
but not limited to, any computer software (in object code
and source code form), script, programming code, data, information or HTML script developed or provided
by KAZIX or its suppliers (as the case may be) in connection with this Agreement, including, but
not limited to, any know-how, methodologies, processes,
copyrights, trademarks, patents, trade secrets and any other
proprietary rights related to the Services (collectively
the "KAZIX Property"); shall remain the sole and exclusive
property of KAZIX or its suppliers, as the case may be.
KAZIX hereby grants Customer a limited, non-exclusive,
non-transferable,
revocable license to use the KAZIX Property during the term
of this Agreement pursuant to the terms hereof.
Limitations
on License. The
grant of the foregoing license shall not entitle, or in
any way be construed
to entitle, Customer to use KAZIX' trademarks, or other
intellectual property in connection with Customer's sales, advertisements
and promotion
of the Services, except in materials provided (or approved
in writing prior to Customer's use thereof) by KAZIX.
REPRESENTATIONS AND WARRANTIES
KAZIX PROVIDES THE SERVICES" AS IS" WITHOUT WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED. KAZIX DOES NOT WARRANT
THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION. KAZIX
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, ANY WARRANTY ARISING OUT OF USAGE
OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR
NON-INFRINGEMENT. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR
THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND KAZIX
SHALL HAVE NO LIABILITY THEREFOR. KAZIX DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR PREVENT
UNAUTHORIZED ACCESS BY THIRD PARTIES.
Any and all representations made by KAZIX whether through KAZIX'
website or by other communication between KAZIX and Customer shall only
be deemed to represent the state of facts at the time the
representation
is made and not a warranty or guarantee that such representation
will continue
to be accurate at any other time. Customer understands that
such representations
therefore may be useful but not determinative in forming
the basis of their decisions.
Customer agrees to make no claim based on representations allegedly made by KAZIX that Customer
alleges not to have been accurate at any later time.
INDEMNITIES
Indemnification.
Customer agrees to indemnify, defend and hold harmless KAZIX,
its affiliates and the officers; directors, employees, agents,
successors, assignees and suppliers ("Indemnified Parties")
against any losses, claims, damages, liabilities, penalties,
actions, proceedings,
costs (including reasonable attorneys' fees) or judgments (collectively
"Losses") to which KAZIX may become subject due to claims
made by Customer or its representative(s) or any third-parties.
These indemnified Losses include but are not limited to:
-The death or bodily injury of any agent, employee, business
invitee, or business visitor or other person even caused by any act including the
gross negligence or willful misconduct of KAZIX;
-The damage, loss or destruction of any real or tangible personal
property of the Customer or third-party caused by the gross
negligence and willful misconduct
of KAZIX; or
-Any breach of this Agreement by the KAZIX.
Additional Indemnities.
Without limitation on the foregoing, Customer further agrees
to indemnify, defend and hold KAZIX harmless from any and
all Losses and threatened Losses arising from, or in connection with, Customer's use of the Services,
irrespective of whether such activity was explicitly proscribed
by the AUP.
Indemnification
Procedures. With respect to third-party claims, the following
procedures shall apply:
Promptly after receipt of notice by KAZIX of the commencement
or threatened commencement of any civil, criminal, administrative,
or investigative action
or proceeding involving a claim in respect of which KAZIX
will seek indemnification
under the provisions
of this Agreement, KAZIX shall attempt to notify Customer
of such claim by any means of communication. Failure to succeed in so notifying
Customer shall not relieve the Customer of its obligations
under this Agreement. Within ten (10) days following receipt
of notice from KAZIX relating to any claim, the Customer
shall notify KAZIX in writing if the Customer elects to
assume control of the defense and settlement of
that claim (a "Notice of Assumption of Defense").
If Customer does not deliver a Notice of Assumption of Defense relating to any claim within
the required notice period, KAZIX shall have the right to
defend the claim in such manner as it may deem appropriate,
at the cost and expense of the Customer. Customer shall
promptly reimburse KAZIX for all such costs and expenses.
Customer shall also reimburse KAZIX for any costs related
to collection of this debt from Customer.
LIMITATIONS ON LIABILITY
Limitation of
Liability of KAZIX and the Indemnified Parties. The Parties
acknowledge that the limitations set forth in this Section
are integral to the amount of fees levied in connection with this Agreement, and that, were
KAZIX to assume any further liability other than as set
forth herein, such fees would of necessity be set substantially
higher.
USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED
THEREFROM IS AT CUSTOMER'S OWN RISK. KAZIX SHALL HAVE NO
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR QUALITY
OF INFORMATION OBTAINED THROUGH ITS SERVICES. KAZIX SHALL
NOT BE LIABLE TO CUSTOMER WHATSOEVER FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF REVENUE,
OR LOSS OF BUSINESS SUFFERED BY A PARTY, ITS ASSIGNEE OR
OTHER TRANSFEREE. THIS PROVISION APPLIES EVEN IF A PARTY
IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
A PARTY SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING
FROM UPDATES MADE TO THE SYSTEMS, DELAYS, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS OR FOR ANY DELAY,
FAILURE OF PERFORMANCE OR INTERRUPTION OF THE PROVISION
OF THE SERVICES TO CUSTOMER. The limitations of liability afforded in this Agreement
shall apply (i) whether the action in which recovery is sought is based
in contract or
tort (including, but not limited to, negligence or strict
liability), under a statute or rule or otherwise and (ii)
notwithstanding that KAZIX' is alleged to be liable jointly
with one or more third parties or otherwise.
This provision
is not meant to release KAZIX of their obligations under other of the Agreement, merely
agree that KAZIX is not liable if KAZIX fails in performing
its duties or thought at fault for other losses.
EXCLUSIVE REMEDY FOR CUSTOMER
Notwithstanding anything to the contrary stated herein, the exclusive remedy
for Customer for any damages arising out of or related to
this Agreement or the Services shall be a credit of charges
paid by Customer in the month
in which the damages arose, in an amount of damages not
to exceed the total charges paid by Customer in the month in which the damages arose. Never
shall Customer attempt to hold KAZIX liable for, nor shall
KAZIX be forced to expend a sum greater than the total fees
paid by Customer to KAZIX for the month
of Service in question.
FORCE MAJEURE
Other than with respect to failure to make payments due
under this Agreement, KAZIX shall not be liable under this
Agreement for delays, failures to perform, damages, losses
or destruction,
or malfunction
of any equipment, or any consequence thereof, caused by, or due to
any cause beyond
its reasonable
control, including,
but not limited to, fire, earthquake, flood, water, the
elements, acts of God, third party labor disputes, utility
curtailments, cable cuts, failure caused by telecommunications or other Internet provider(s) , power
failures, explosions,
terrorism, civil disturbances, vandalism, governmental actions,
shortages of equipment or supplies, or any other force or
occurrence beyond
its reasonable
control. Should
KAZIX experience a force majeure event it shall attempt
to notify Customer of the event in writing and use reasonable efforts to remedy the event (to
the extent a remedy is available).
TERMINATION
Customer may terminate this Agreement before its end date
if KAZIX:
Breaches any material provision of this Agreement and fails to cure
such breach within thirty (30) days after receipt of written
notice from Customer, unless more than thirty (30) days
is reasonably
required to cure such breach;
KAZIX may terminate this Agreement before its end date
if:
Customer fails to fulfill its payment obligations set forth in this Agreement and fails
to cure such breach within three (3) days after receipt
of notice from KAZIX;
Customer breaches any material provision of this Agreement and fails to cure
such breach within one
(1) day after receipt of notice from KAZIX; or
KAZIX determines the Customer's use of the Services or
a portion thereof
is unlawful or in breach of its AUP.
KAZIX determines that the Customer has resold any Services
to any other party.
KAZIX ceases providing Services.
Upon any termination
of this Agreement, Customer shall pay any amounts due and
owing to KAZIX hereunder including, but not limited to,
all monthly or yearly recurring charges for
the remainder of the term of this Agreement, as well any
recurring or non-recurring
fees previously waived by KAZIX. Upon termination of services by either party, KAZIX may
delete any data stored on
its servers by Customer. Customer understands that it is
Customer's responsibility
to backup any and all data in preparation should either party terminate service.
MISCELLANEOUS
Entire Agreement. This Agreement, along with the annexed AUP constitutes the entire agreement between
the Parties hereto with respect to the subject matter hereof
and supersedes all prior agreements, understandings and
arrangements, both oral and written, between the Parties
hereto with respect to such subject matter. This Agreement
and the AUP shall hold supreme to any other agreements,
written, oral or otherwise between the parties. Except as
otherwise provided herein, this Agreement may not be modified,
amended, altered or rescinded in any manner. KAZIX may,
at its discretion
make modifications
to the agreement; such modifications will be effective only at the beginning of Customer's next
subscription
cycle wherein this entire Agreement will be accepted as
new.
The waiver by either Party of any of the covenants, conditions or agreements to be performed by the
other or any breach thereof shall not operate or be construed as a waiver of any subsequent
breach of this covenant, condition or agreement.
Assignment. Customer may not assign this Agreement without
the written consent
of KAZIX KAZIX may assign this Agreement without consent of Customer to: (i) a subsidiary,
parent, affiliate, division, or corporation controlled by majority control of the assigning Party; (ii) a successor
entity related to KAZIX by merger, consolidation. non-bankruptcy reorganization, sale or governmental action,
{iii) a purchaser of part or all of the KAZIX' assets, or
(iv) KAZIX financiers. Any attempt to assign this Agreement
in contravention of the preceding sentence is void.
Binding Agreement. Subject to the preceding paragraph,
this Agreement shall inure to the benefit of and be binding
on the Parties
and their respective heirs, executors, administrators, legal
representatives, successors, and permitted assigns.
Governing Law; Venue. This Agreement shall be governed
by, subject to, and interpreted in accordance with the laws
of the State of New
York without regard to principles
of conflict of
laws. Each Party consents
to this exclusive jurisdiction
in any action,
suit or proceeding hereunder. Any and all actions arising out of this Agreement shall
be venued in the State of New York,
County
of Queens.
Mediation and
Arbitration.
The Parties agree that, if they are unable to resolve any
dispute arising under this Agreement within thirty days
(30) days after notice of dispute, such dispute shall be
submitted to a sole mediator selected by the Parties. Customer
agrees to reimburse KAZIX for its expenses and pay in full
the cost and fees of the mediator and or arbitrator. The
mediation shall
be conducted
in New York City, New York. If the mediation
is unsuccessful, either Party may submit the dispute, difference,
controversy or
claim for final and sole determination and settlement by binding arbitration
in New York, New York in accordance with the American Arbitration Association rules of arbitration, which rules are deemed to be incorporated
by reference into this paragraph. For any arbitration
hereunder, the tribunal shall consist of one arbitrator. The language of all arbitration
proceedings shall be English. The arbitration award shall state the reasons
upon which the award is based. Judgment upon
any arbitration
award may be entered and enforced by the courts of the State
of New York. In
no event shall the arbitrator have the power to award any
punitive, consequential,
indirect, exemplary damages or other damages in excess of
the limitations
of liability set forth herein.
Attorneys' Fees. In the event of any dispute arising under
this Agreement, KAZIX shall be entitled to recover, in addition
to any other remedy available, its reasonable attorneys, consultants and experts fees and other costs.
Customer shall not recover such costs or fees from KAZIX.
Continued Performance.
Each Party agrees to continue performing its obligations
under this Agreement while any dispute is being resolved
except to the extent the issue in dispute precludes performance
or this Agreement is terminated by a Party in accordance
with the above.
Notices. Except as otherwise provided in this Agreement,
all notices or other communications under this Agreement must be made in
writing when addressed to KAZIX but by any means KAZIX sees
fit when addressed to Customer. Such notices will be deemed
to have been duly delivered or given to KAZIX when: (i)
delivered by hand (with written confirmation of receipt) before 5:00 pm EST on
a business day (or otherwise on
the next succeeding business day); (ii) sent by facsimile
before 5:00 pm EST on
a business day (or otherwise on
the next succeeding business day) and a written confirmation of the transmission is received by the sender; or (iii)
the next business day after being deposited for delivery
with a nationally
recognized overnight delivery service, such as Federal Express,
and addressed or sent, as the case may be, to the appropriate
addresses or facsimile numbers set forth below. Notices
will be deemed to have been duly delivered or given to Customer
by KAZIX's retention
of any record of the communication,
including but not limited to emails' time and date stamp,
where emails are acceptable.
Relationship
of the Parties. Nothing in this Agreement, or in the course
of dealing between the Parties pursuant to this Agreement,
shall be deemed to create between the Parties (including
their respective directors, officers, employees and agents)
a partnership, joint venture, association,
employment relationship
or any other relationship,
other than that of independent contractors with respect to each other.
Neither Party shall have the authority to commit or legally
bind the other Party in any manner whatsoever, including
but not limited to, the acceptance or making of any agreement,
representation
or warranty.
No Third-Party Beneficiaries. This Agreement inures to
the benefit of KAZIX and Customer only and no third-party shall have any
rights hereunder.
Severability. If any provision of this Agreement is held invalid or
unenforceable, such provision shall be deemed removed from this Agreement
and shall be replaced by a valid and enforceable provision
which so far as possible achieves the same objectives as
the severed provision
was intended to achieve and the remaining provisions of this Agreement shall continue
in full force and effect.
No part of this Agreement, including the Acceptable Use
Policy shall be interpreted to limit any of KAZIX's rights
under any other part of the Agreement. Any such conflicts shall be interpreted in the way
most beneficial and protective to KAZIX and shall not cause
to nullify any other provision.
Survival. Sections
of this Agreement that may apply after its termination shall survive the termination
of this Agreement and continue
in full force and effect until satisfied.
New Rules or Actions.
The Parties acknowledge that some rights and obligations of KAZIX under this Agreement may be
affected by future rules, regulations, guidelines, orders, treaties, or laws
promulgated, enacted, or entered into by federal and state
legislatures, by federal and state agencies, local or federal
governments, and international or other regulatory bodies (together
"Rules or Actions").
In the event that any such Rules or Actions revise or modify KAZIX's obligations
under this Agreement in a manner adverse to KAZIX, KAZIX
may, upon notice to Customer, amend this Agreement
to reflect the effect of any such Rules or Actions
and protect KAZIX' interests.
Headings. The section
headings used herein are for reference and convenience only and shall not enter into the interpretation
hereof.
Counterparts. This Agreement may be executed in several
counterparts, such as the AUP, all of which taken together
shall constitute
one single agreement
between the Parties hereto.
Proof of Agreement. By Customer or any agent of Customer
using or logging into any of KAZIX' services, Customer thereby
acknowledges that he has read and agrees to all of the above
terms and shall not seek to nullify any part of this agreement
nor claim that Customer was unaware of the contents thereof.
ACCEPTABLE
USE POLICY ("AUP")
KAZIX' Acceptable Use Policy ("AUP") is provided to give
our customers and users an understanding of what KAZIX expects
of them while using our services. All users of KAZIX' Internet
Services: those who access our Services but do not have
accounts, as well as those who pay a service fee to subscribe
to the Services, must comply with this AUP. Customer is
responsible for ensuring that the AUP is adhered
to by anyone
who accesses our Services through their account with or
without Customer's express permission.
KAZIX supports the uncensored flow of information and ideas over the Internet and does
not actively monitor
subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over
or through the services. However, KAZIX does monitor overall network activity which may
lead KAZIX to find and remove any materials that, in our
sole discretion,
may be illegal, may subject us to liability, or may violate
this AUP in any way. KAZIX may cooperate with legal authorities
and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing. Customer violation of this AUP may result in the suspension
or immediate termination
of Customer's KAZIX account or may result in other remedial
actions by KAZIX, the propriety of which will
be at KAZIX sole discretion.
This document is intended to provide a basic understand
of KAZIX' Acceptable Use Policy. The following are guidelines
for the establishment and enforcement of KAZIX' AUP:
• To ensure reliable service to our customers
• To ensure security and privacy of our systems and network,
as well as the networks and systems of others
• To comply with existing laws
• To maintain our reputation as a responsible service provider
• To encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet
services
• To preserve the value of Internet resources as a conduit
for free expression
and exchange of information
• To preserve the privacy and security of individual users
While the KAZIX is firmly committed to the principles of
free speech, certain activities that may be damaging to
the resources of both the KAZIX and the Internet and cannot
be permitted under the guise of free speech. The resources
of the KAZIX and the Internet are limited, and abuse of
these resources by one user has a negative impact on
the entire community.
We do not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet
community, we will respond
appropriately if we become aware of inappropriate use of
our service.
You may not use your site to publish material that KAZIX
determines, at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms
of communications
including narrative descriptions,
graphics (including photographs, illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings. Please
note that while KAZIX allows pornographic material on its servers, such material must be entirely
owned and copyrighted by the webmaster and free from any
illegal material such as child pornography. KAZIX also reserves
the right to exclude any material that it deems objectionable for any reason without prior notice.
KAZIX offers web hosting for the purposes of hosting websites.
Material uploaded to KAZIX' servers must be related to the
website associated with that account. KAZIX' servers may
not be used to backup files or to make files unrelated to
the website accessible for the account holder or others.
KAZIX servers are meant to host website material, not to
be a large capacity hard drive for account holders to store
files. Customer may not create "download" sections
of their websites to provide files for download unless (1)
Customer is the sole copyright owner of the material and
(2) Customer has sought and received prior communicated
permission from a KAZIX server administrator. Said
permission may
be denied at KAZIX' sole discretion. KAZIX may, at its discretion
delete and remove suspect file(s). In addition to file deletion, KAZIX may terminate Customer's account
without further notification if it believes that such conduct
may be repeated.
Individual files uploaded to KAZIX servers may not exceed
20 MB. Files over this size are not considered webpage content but file hosting, as prohibited
above. File hosting of this sort uses extreme CPU and RAM
resources and can cause the server to slow significantly
or even crash. Anyone
uploading files larger than 20 MB must seek and receive
prior communicated permission
from a KAZIX server administrator. Said permission may be denied at KAZIX' sole discretion.
KAZIX customers purchase KAZIX' services for the purpose
of hosting their own website. Customers MAY NOT give away
free or paid usage of KAZIX services to the public nor may
they "resell" portions
of their accounts. Transferal of account services for sale
or otherwise is strictly prohibited. . This includes, but
is not limited to use of FTP and/or subdomains. All subdomains
on an account must be directly related
to the Customer's main website, not separate sites being
hosted on the
same account. Any user found to be offering or doing such
may have their account terminated without advanced warning.
This restriction does not apply to so called "add-on
domains" purchased as extra account features.
The following is an additional list of some, but not all, acts that
may be deemed violations
of this AUP:
Illegal use: KAZIX' services may not be used for illegal
purposes, or in support of illegal activities. KAZIX reserves
the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil wrongdoing.
Customer further understands that any and
all information
collected by KAZIX shall be property of KAZIX. KAZIX will
not generally share any collected information
however KAZIX may at its discretion comply with any law enforcement officials
or investigations and aid them in any way requested,
including turning over information KAZIX collected. Customer therefore
is to have no expectation
of privacy of either their information or actions on KAZIX's networks.
Harm to minors: Use of the KAZIX service to harm, or attempt
to harm, minors in any way, including, but not limited to
child pornography.
Threats: Use of the KAZIX service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property.
Harassment: Use of the KAZIX service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses
another.
Fraudulent activity: Use of KAZIX service to make fraudulent
offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid schemes,"
"ponzi schemes,"
and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged headers or other identifying
information is
prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the KAZIX 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 KAZIX account. Anyone
running a website or service on
our servers that support spammers or cause any of our IP
addresses to be listed in any of the various Installation of any script that may allow a third-party
to "exploit" and send spam is prohibited. Customer is responsible
to ensure that all scripts installed are secure and are
responsible if any spam is sent through their
account, even by a third-party.
E-mail / News Bombing: Malicious intent to impede another
person's use
of electronic
mail services or news will result in the immediate termination of the offending KAZIX account.
E-mail / Message Forging: Forging any message header, in
part or whole, of any electronic
transmission,
originating or passing through the KAZIX service is a violation of this AUP.
Usenet SPAMing: KAZIX has a zero tolerance policy for the
use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are solicited
by the recipients are permitted.
Unauthorized access: Use of the KAZIX service to access,
or to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of KAZIX' or
another entity's computer software or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited
and the offending KAZIX account is subject to immediate
termination.
This includes installation
of "proxy" and/or "shell" scripts.
Copyright or trademark infringement: Use of the KAZIX service
to transmit any material (by e-mail, uploading, posting
or otherwise) that infringes any copyright, trademark, patent,
trade secret or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying
of copyrighted material, the digitization
and distribution
of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted
software.
Collection of
personal data:
Use of the KAZIX service to collect, or attempt to collect,
personal information about third parties without their knowledge
or consent.
Network disruptions
and unfriendly activity: Use of the KAZIX service for any
activity that affects the ability of other people or systems
to use KAZIX Services or the Internet. This includes "denial
of service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other network users, services or
equipment is prohibited. It is the Member's responsibility to ensure that their network
is configured
in a secure manner. Customer may not, through action or inaction, allow others to use their network for
illegal or inappropriate actions. Customer may not permit their network,
through action
or inaction,
to be configured
in such a way that gives a third party the capability to
use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or
individual's computer system will result in immediate account
termination. KAZIX will not tolerate any subscriber
attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the intrusion
results in corruption
or loss of data.
System Resources: Customer is allotted 5% of their server's
system CPU and RAM resources for their entire account, irrespective
of their account plan or size. Any one site or account found to be utilizing
in excess of 5% of the system resources at any given time
may be suspended. KAZIX reserves the right to terminate
any such account at KAZIX discretion.
KAZIX may also limit or prohibit the use of scripts that
it believes will lead to a breach of this policy or that
it believes will negatively impact other customers or the
performances of KAZIX systems or networks. This policy does
NOT exclude so called "unlimited" accounts. "Unlimited,"
if offered, does not refer to CPU or RAM usage.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon
it.
Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property Right: Distribution and/or posting of copyrighted or the
aforementioned
infringements will not be tolerated.
Distribution
of Viruses: Intentional
distributions
of software that attempts to and/or causes damage, harassment,
or annoyance to persons,
data, and/or computer systems are prohibited. Such an offense
will result in the immediate termination
of the offending account.
Inappropriate Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging, while using KAZIX services
could result in suspension service.
Third Party Accountability: KAZIX subscribers will be held
responsible and
accountable for any activity by third parties using their
account that violates the Acceptable Use Policy.
Child Pornography: It is absolutely forbidden to host pornographic
content the subject
of which are under the age of majority under the laws of
any jurisdiction
who's laws may apply.
IRC networks: It is absolutely forbidden to host, install
or use an IRC server. Customers found in violation of this policy will be immediately removed
from our network without notice.
Security
Customer is responsible for any misuse of Customer's account,
even if the inappropriate activity was committed by a third-party.
Customer therefore agrees to take steps to ensure that others
do not gain unauthorized access to your account. In addition,
Customer may not use your account to breach security of
another account or attempt to gain unauthorized access to
another network or server.
• Your password provides access to your account. It is
your responsibility
to keep your password secure.
• Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others
from using your account since you will be held responsible for such use.
• Attempting to obtain another user's account password
is strictly prohibited, and may result in termination of service.
• You must adopt adequate security measures to prevent
or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication
or security of any host, network or account. This includes,
but is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are
not expressly authorized to access, or probing the security
of other networks. Use or distribution
of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing
tools. Installation or use of any script that may be used
to breach security is prohibited, even if the script is
not intended to do so, and has other legitimate purposes.
• You may not attempt to interfere with service to any
user, host or network ("denial of service attacks"). This
includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts
to "crash" a host.
• Customers who violate systems or network security may
incur criminal or civil liability. KAZIX will cooperate
fully with investigations
of violations
of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Reporting Violations
of KAZIX AUP
Customer agrees to alert KAZIX if they have any knowledge
or reason to
know that there is a violation
of this AUP. Such notification
should be directed to the Abuse Department at abuse@kazix.com.
If available, please provide the following information:
• The IP address used to commit the alleged violation
• The date and time of the alleged violation,
• Evidence of the alleged violation
KAZIX may take any one
or more of the following actions in response to complaints:
• Issue written or verbal warnings
• Suspend the Member's account
• Terminate the Member's account
• Bring legal action
to enjoin violations
and/or to collect damages, if any, cause by violations
If a KAZIX account is used to violate this Agreement, KAZIX
reserve the right to terminate Customer's service without
notice. KAZIX typically will advise Customer of inappropriate
behavior and any necessary corrective action, however, if KAZIX believes that the
violation is
flagrant or is likely to be repeated, either intentionally or unintentionally, KAZIX may terminate service without
notice. Our failure to enforce this policy, for whatever
reason, shall
not be construed
as a waiver of our right to do so at any time. Nothing herein,
above or below shall be interpreted to limit KAZIX' right
to terminate any account at any time for any reason
KAZIX deems justified. KAZIX may, at its discretion, offer partial or full refunds of service
fees, however at no time shall KAZIX be required to do so
when terminating an account for an AUP violation.