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IMPORTANT
NOTICE: *All Payments To Candledark Internet Solutions Are Non-Refundable*
Candledark.net ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Candledark services constitutes acceptance and agreement to Candledark's
AUP
as well as Candledark's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of Candledark.net 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 Kentucky, county of Knox applicable to contracts
enforceable in that state. Venue will be Johnson County, Missouri
1. 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 Candledark
shall have the right to terminate all service set forth in this
Agreement.
2. 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.
3. Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges. Subsequent
payments are due on the 25th of the month for the forthcoming month's
service, with exception to December, where all billing is conducted a day
later. Credit cards that are declined for
any reason are subject to a $1.00 declination fee. Service will be
interrupted on accounts that reach 1 month past due. Service interrupted
for nonpayment is subject to a $10 reconnect charge. Accounts not paid by
due date are subject to a $5 late fee. Accounts that are not
collectable by Candledark 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. If you desire to cancel your
account, please follow the proper procedure to do this as outlined in this
TOS.
4. Refund and Disputes: All payments to Candledark.net are
nonrefundable. This includes any fees 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 Candledark's sole discretion is a
valid charge under the provisions of the TOS and /or AUP, you agree to pay
Candledark an "Administrative Fee" of not less than $50 and not
more than $150.
5. 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 any collection fees.
6. 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:
Candledark Attn: Cancellations
PO Box 124
Warrensburg, MO 64093
Or you may call 606-545-7584 or contact sales.
Once you submit your cancellation an email will be sent to the primary
contact email address we have on file and will confirm that your request has
been completed. You must have all account information to cancel.
7. 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.
8. New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers within 1
business day. Due to unforeseen complications, however, this process may
sometimes require up to 3 business days. If the new domain is registered
by the account holder, there will be no handling fee. If the domain is
registered by Candledark.net on behalf of the account holder a handling
fee will be incurred. See our domain
registration section for applicable fees.
9. Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to Candledark.net will
require a minimum of seven (7) days to be set up and resolution to our DNS
servers. While the domain will be transferred and active on our servers
within 1 business day, conditions outside of the company's control can
result in resolution issues to persist for upto a week. Due
to the unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take. If the customer cancels service
during the transfer period for any reason, all charges are considered
earned and payable by the Subscriber.
10. Support Boundaries:
Candledark provides technical
support to our subscribers free of charge at all hours of the day (except for few holidays and short company
meetings when we close our center.) We limit our technical support to our
area of expertise. Candledark provides support related to your server or site
physical functioning. Candledark does not offer tech support for
application specific issues such as cgi programming, html or any other
such issue. Candledark does not provide technical support for YOUR
customers. If you can email, we encourage you to email support
for assistance. If you are able to get online and have other questions,
the answers may be on our home page here
- 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.
11. SPAM and Unsolicited Commercial Email (UCE):
Candledark 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 Candledark may not use or permit others to use our
network to transact in UCE. Customers of Candledark 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.
a. Violation of Candledark's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM policy, Candledark
will initiate an immediate investigation (within 48 hours of
notification). During the investigation, Candledark may restrict customer
access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Candledark may, at its sole
discretion, restrict, suspend or terminate customer's account. Further, Candledark
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation. Candledark
will notify law enforcement officials if the violation is
believed to be a criminal offense.
b. First violations of this policy will result in an
"Administrative Fee" of $50 and your account will be reviewed
for possible immediate termination. A second violation will result in an
"Administrative Fee" of $100 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 Candledark personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of
their clients over the Candledark 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 or site immediately
removed from our network. The server or site 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 site 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.
12. Network
a. IP Address Ownership:
If Candledark assigns Customer an
Internet Protocol address for Customer's use, the right to use that
Internet Protocol address shall belong only to Candledark, and Customer
shall have no right to use that Internet Protocol address except as
permitted by Candledark in its sole discretion in connection with the
Services, during the term of this Agreement. Candledark shall maintain and
control ownership of all Internet Protocol numbers and addresses that may
be assigned to Customer by Candledark, and Candledark 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 IP
addresses are almost exclusively allowed for SSL purposes only.
b. 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"). Candledark will monitor Customer's
bandwidth and disk usage. Candledark 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 Candledark's sole and absolute discretion. If
Candledark 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, Candledark may, at its
sole discretion, collect a deposit, in an amount determined by Candledark,
against customer's credit card on file with Candledark.
c. System and Network Security:
Users are prohibited from violating or attempting to violate the security
of the Candledark Network. Violations of system or network security may
result in civil or criminal liability. Candledark 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:
i.
Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to access.
ii.
Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization.
iii.
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
iv.
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v.
Taking any action in order to obtain services to which such
User is not entitled.
13. Notification of Violation:
a. Candledark 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.
b.
First violation: Any User, which Candledark 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 Candledark's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any
further violations.
c.
Second Violation: Users that Candledark 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.
d.
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.
14. Suspension of Service or Cancellation:
Candledark reserves the right to suspend network access to any customer if
in the judgment of the Candledark network administrators the customer is the source or target of the violation of any of the other terms
of the AUP
or for any other reason which Candledark 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 account was suspended.
15. Candledark reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of Candledark 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.
16. Indemnification: Candledark wishes to emphasize that in
agreeing to the Candledark Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Candledark
for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss to Candledark
or the bringing of any claim against Candledark by any
third-party. This means that if Candledark is sued because of a customer's
or a customer of a customer's activity, the customer will pay any damages
awarded against Candledark, plus all costs and attorney's fees.
17. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for
you. E-mail, telephone, and fax contacts are used, in that order of
preference.
a.
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.
b.
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.
c.
Candledark takes no responsibility for any material input by
others and not posted to the Candledark Network by Candledark. Candledark is not
responsible for the content of any other websites linked to the
Candledark Network; links are provided as Internet navigation tools only. Candledark
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.
d.
Candledark is not responsible for any damages your business may
suffer. Candledark does not make implied or written warranties for any of
our services. Candledark 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 Candledark.
e. It is absolutely forbidden to host
IRC
servers on the Candledark network. Accounts found hosting
this material will be subject to immediate cancellation without refund.
18. Responsibility for Content:
You, as Candledark's customer, are solely responsible for the content
stored on and served by your Candledark account.
19. Dedicated Servers:
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.
Candledark may provide you access to other third party software and/or
services ("Third Party Products ") through reseller
relationships Candledark 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 Candledark and not
by the Third Party Vendor. Neither Candledark 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 Candledark 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 Candledark 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 Candledark 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.
20. Denial of Service: We reserve the right to refuse
service to anyone at any time for any reason.
Questions If you have any comments
or questions regarding this Privacy Policy please contact Candledark via the Webmaster.
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