Abuse of Server
Any attempt to undermine or cause harm to a server or customer of Kingdom 3D is strictly prohibited.
Kingdom 3D will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Kingdom 3D has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Kingdom 3D to be unacceptable use of Kingdom 3D's services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
• Providing material that is grossly offensive to the Web community including
blatant expressions
of bigotry, racism, hatred, or profanity
• Promoting or providing instructional information about illegal activities, or promoting physical harm
or injury against any group or individual
• Displaying material containing obscene nudity or pornographic material
• Displaying material that exploits children under 18 years of age
• Acts of copyright infringement including offering pirated computer programs or links to such
programs, information used to circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs, or any type of cracker utilities
The servers and other equipment that Kingdom 3D uses to provide its services may be owned and/or leased.
Unsolicited Email (Spam)
Commercial advertisements that are unsolicited are prohibited in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is not intended to be a broadcast medium but rather a person-to-person medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with Kingdom 3D will be terminated, you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.
99.9% Uptime Guarantee
(1.) Coverage This 99.9% uptime guarantee applies to any Kingdom 3D client in good financial standing with Kingdom 3D at the time of a service outage.
(2.) Service Level Kingdom 3D endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time.
(3.) Restrictions Credits shall not be provided to you in the event that you have any outage resulting from
(a.) scheduled maintenance as posted from time to time at Kingdom 3D, (b.) your behavior or the performance or failure of your equipment, facilities or applications, or (c.) circumstances beyond Kingdom 3D's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (d.) a client breaking any item in Kingdom 3D's "terms of conditions and acceptable use policy" causing a machine to fail as a result.
Payment Policies
All accounts are set up on a pre-pay basis. All new accounts are charged setup fees which are non-refundable. Pricing is guaranteed for the term of pre-payment. Kingdom 3D reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Kingdom 3D to request for termination of services. All payment is in U.S. currency. Kingdom 3D will bill each client $50 per returned check.
Cancellation
Kingdom 3D reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Kingdom 3D if Kingdom 3D institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Kingdom 3D's web hosting plans are backed by a 15 day money back guarantee. If you are not completely satisfied with our services or support within the first 15 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Kingdom 3D is notified within the first 15 days following activation. No refund is available after the 15th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via our cancellation forms at kingdom3d.com/cancel. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.
Lawful Purpose
Kingdom 3D reserves the right to refuse service to anyone. Customers may only use Kingdom 3D server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Kingdom 3D management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Fayette County, Kentucky, and any dispute will be litigated or arbitrated in Fayette County, Kentucky.
Indemnification
CUSTOMER AGREES THAT IT SHALL INDEMNIFY, SAVE AND HOLD Kingdom 3D HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Kingdom 3D, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Kingdom 3D AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Kingdom 3D'S SERVER; (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 CUSTOMER FROM Kingdom 3D'S SERVER.
Disclaimer
Kingdom 3D WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Kingdom 3D MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Kingdom 3D DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Kingdom 3D AND ITS EMPLOYEES. Kingdom 3D RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Privacy Statement
Kingdom 3D strictly follows the guidelines of our privacy statement. Please read and make sure you understand this statement fully. Please click here to read the privacy statement. |