Service Agreement
This is an agreement between you ("Account Holder") and KWKI Inc., for using services provided by KWKI Inc.
TERM:
1) Term Commencement
This agreement becomes effective when Account Holder registers and activates their account.
2) Renewal terms.
To terminate the services at the end of the term, you must fax a termination request form to 949-752-7737 or email your termination request to info@x1xserver.com at least 30 days prior to the termination date otherwise it will be renewed automatically.
3) KWKI Inc. reserves the right to change the terms of the agreement
at anytime.
FEES AND PAYMENT TERMS:
1) Fees and Expenses Account Holder will pay all fees due according to the prices and
terms selected, including overage fees, which are those fees that may be charged if an Account Holder utilizes resources in excess of the Account Holder's plan limit.
2) Payment Terms
Accounts that are past due, will receive ten (10) days notice to pay. If the account is still unpaid after that ten (10) day cure period, services may be suspended or terminated. Reactivation of the services after termination or cancellation for any reason shall require the payment of additional installation charges and is subject to the availability of facilities.
3) Price Changes
During the term of this Agreement, Account Holder will not be charged an amount greater than the price set for the services. However, KWKI reserves the right without prior notice to change the prices charged to the Account Holder for the services provided by KWKI Inc. upon renewal.
4) Taxes
Account Holder shall pay or otherwise be responsible for all federal, state, and local taxes.
ACCOUNT HOLDER OBLIGATIONS:
1) Acceptable Use Policy Account Holder agrees that it has received, read, and understood
the Acceptable Use Policy.
2) IP Address
If KWKI assigns the Account Holder an Internet Protocol address, the right to use that Internet Protocol address will remain with and belong only to KWKI, and the Account Holder shall have no right to use such Internet Protocol address except as allowed by KWKI in its sole and absolute discretion.
3) Passwords
The Account Holder shall be responsible for maintaining security of its password.
4) Audit Rights
KWKI reserves the right to audit Account Holder's site.
5) Investigation
Account Holder understands that KWKI may conduct an investigation into the Account Holder, Account Holder's business, and/or its owners, officers, directors, managers, and other principals. Based upon that investigation, KWKI reserves the right to refuse to do business or stop doing business with Account Holder.
6) Termination for Violation
Violations of these or any other provisions of this Agreement may result in termination of the services provided by KWKI in its discretion, with or without the grant of a notice or cure period. Such notice or cure period to be granted at the sole discretion of KWKI based upon the severity of the violation. KWKI reserves the right to refuse services if any of the content within, or any links from, the Account Holder's website is deemed prohibited unlawful, unlicensed, illegal, misleading, or obscene, or is otherwise in breach of KWKI's current "Acceptable Use Policy" in KWKI's sole discretion. If KWKI terminates the services being provided to the Account Holder due to a violation of the Acceptable Use Policy, such termination shall be without refund, and Account Holder may be liable for early termination fees.
LIMITATION OF LIABILITY:
1) Service Interruption
KWKI will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall KWKI be liable to the Account Holder for any damages resulting from or related to any failure or delay of KWKI in providing access to the Internet under this Agreement. KWKI's liability is limited to the value of the Account Holder's contract.
2) Disclaimer of Actions Caused by and/or Under the Control of Third Parties
KWKI DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM KWKI'S NETWORK AND OTHER PORTIONS OF THE INTERNET.
3) Disclaimer of Actions Caused by and/or Under the Control of Account Holder.
KWKI SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS NECESSITATED BY THE ACCOUNT HOLDER'S ALTERATION OF THE OPERATING SYSTEM, INCLUDING ANY AND ALL OPERATIONAL ISSUES.
TERMINATION:
Effect of Termination
Any and all payment obligations of Account Holder under this Agreement for services provided through the date of termination will immediately become due.