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TERMS OF SERVICE
The use of services from KZResults.com, LLC constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up-to-date at all times. Providing false contact information of any kind may result in the termination of your account. All transactions are secured by asking credit card holder to answer some security questions.
2.) Content
All services provided by KZ Results may only be used for lawful purposes. The laws of the State of Texas and the United States of America apply.
The customer agrees to indemnify and hold harmless KZ Results or any of our third party business associates from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email sales@KZResults.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, and sites promoting illegal activities.
We reserve the right to refuse service to anyone.
Failure to respond to email from our sales department within 48 hours may result in the suspension or termination of your services.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read for our generalized mail policy.
Limits
There is a 200 hourly email limit per domain this limit is also applied towards example@someone.com. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per domain. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist or use Constant Contact. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.
3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care and how you justify it this is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
5. Any mailing list MUST comply with all guidelines set forth by the United States.
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Possible charges brought in a court of law.
KZ Results reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
KZ Results reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of KZ Results.
4.) Payment Information
You agree to supply appropriate payment for the services received from KZ Results, in advance of the time period during which such services are provided. You agree that until and unless you notify KZ Results of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing.
KZ Results reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. KZ Results is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on KZ Results servers.
6.) Cancellations and Refunds
Cancellation will take place the following billing cycle. All new accounts are refunded in full within 2 - 5 business days, but not including the fees for domain transfers, registration or any monetary purchase from third party that were hosted by KZ Results. KZ Results reserves the right to cancel the account at any time with or without notice. Cancellations must be done in writing via the cancellation form provided, fax to sales at KZ Results: 713-490-2448 or via email at: sales@KZResults.com.
Refunds after 48 hours will be prorated.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
7.) Dedicated Servers
KZ Results reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our tech support. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. KZ Results reserves the right to audit servers as needed and to perform administrative actions at the request of our tech support.
8.) 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 KZ Results.com, and the right to increase the amount of resources given to plans at any time.
9.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold KZ Results harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against KZ Results, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KZ Results against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with KZ Results; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from KZResult’s server.
10.) Disclaimer
KZ Results shall not be responsible for any damages your business may suffer. KZ Results makes no warranties of any kind, expressed or implied for services we provide. KZ Results disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by KZ Results and its employees.
11.) Disclosure to law enforcement
KZ Results may disclose any customer information to law enforcement agencies without further consent or notification to the customer upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
12.) Changes to the Terms and Conditions
KZ Results reserves the right to revise its policies at any time without notice. |
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