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General Terms
When you sign up for any
products and/or services provided by eKine Properties, LLC, you also automatically agree to
the following terms and conditions:
The website, DaKineHost.com, a division of
eKine Properties, LLC, is a
part of a Christian Internet publishing network that provides web hosting solutions to clients of many faiths, and prominent churches and ministries. We
have a responsibility to protect each client and to provide the best
wholesome services available, for the lowest cost possible. The following
guidelines were designed to ensure that these obligations are met.
Content
Services provided by eKine Properties, LLC and Divine Publishing are to be used for lawful
purposes only. Transmission, storage or presentation of any information,
data or material in violation of any United States Federal, State or
City law is prohibited. This includes, but is not limited to,
copyrighted material, material we judge to be threatening or obscene or
material protected by trade secret or other statute. The subscriber
agrees to indemnify and hold harmless daKineHost.com and eKine
Properties, LLC from any claims
of damages to the subscriber, or any
other party, resulting from the use of any of our services. (This applies to and includes parties that you
resell our services to.)
All sites that promote any kind illegal activity or present content that
may be damaging to daKineHost.com or eKine Properties, LLC and Divine Publishing servers or any other server on the
Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives, destructive or otherwise.
Warez sites.
Witchcraft projects or media; witchcraft related in ANY way.
Sexual content of ANY kind. This includes porn, but also nudity of ANY kind. This includes art, whether sexual
suggestions are obvious, vague or abstract. We reserve the right to add to or change these requirements at any time.
This includes sites that may 'infer' sexual content, i.e. escort services,
misc. services from a masseuse, nude-acting casting calls, or even links
to adult content elsewhere. If in doubt if a service is allowed, please
contact Sales.
eKine Properties, LLC and Divine Publishing will be the sole arbiter in determining
violations of this provision.
Commercial Advertising - E-mail - this MUST be somehow solicited.
Spamming, or the sending of unsolicited e-mail, from daKineHost.com and
eKine Properties, LLC and Divine Publishing
servers or using an e-mail address or domain that is maintained on a
eKine Properties, LLC and Divine Publishing machine as reference is STRICTLY prohibited.
eKine Properties, LLC and Divine Publishing will be the sole arbiter as to what constitutes a violation
of this provision. We don't SPAM people and we don't expect our
clients to SPAM either.
IRC
IRC or IRC bots may not be operated on our servers at this time.
Server Abuse
Any attempt to undermine or cause harm to a server or a customer of
eKine Properties, LLC and Divine Publishing is strictly prohibited.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole
discretion. We are not to be held responsible for any loses---business,
monetary, or
otherwise---that may occur as a result of cancellation, suspension, or
refusal of service.
We are not to be held responsible for any bazaar disaster that may cause
you loss of your data. We do daily backups of our servers, and in most cases,
will have backups for our clients and their clients data in an emergency. However, you are
solely responsible for your own backups, and especially the backups of
your clients. There is a backup feature available in all cPanels.
If you decide to be a reseller of our services, we do not backup your clients' websites.
That would be your responsibility. We are not to be
held responsible for any loses---business, monetary, or
otherwise---that may occur as a result from any loss of data. We
especially are not responsible for issues, completely out of our
control, like cPanel software issues. We
do our absolute best to keep our servers updated and secure, but in the times we
live in today, we have to provide this disclaimer.
All Sub-Networks, distributive hosting sites and dedicated servers of
eKine Properties, LLC and Divine Publishing must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation and possible prosecution.
We reserve the right to amend and update these Terms and Conditions at any time without notice.
To protect your privacy we never distribute your name or e-mail address to any third parties.
Users must not participate in any form of un-solicited bulk e-mailing or spam.
By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
Bandwidth
eKine Properties,
LLC operates a fair use policy and therefore offers unrestricted use of bandwidth. However, should your bandwidth reach the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage.
Cancellation and Refunds
If you take out one of
our annual packages we expect you to commit for this period of time. Because of your
one year commitment, we offer a discount on the normal monthly price of our accounts. If you cancel your account within your service period then
eKine Properties, LLC and Divine Publishing
cannot make any refunds on any unused portions of your account.
(Some exceptions apply, of course.) While we do not offer refunds for pro-rated service (beyond our 30 day money back guarantee which is applicable to annual accounts only) you have no obligation to continue using our service.
Our 14 day money back guarantee (applicable to annual accounts only) excludes the refund of domain name registration fees
or secure server certificate purchases which involve more than
one company.
eKine Properties, LLC and Divine Publishing reserves the right to cancel the service at any time. Customer refund requests are to be sent to accounts@DaKineHost.com and will only be processed in the cases of service non-performance where
eKine Properties, LLC and Divine Publishing is clearly at fault. Refund requests for problems beyond
eKine Properties, LLC's control
may be refused.
When you are canceling an account, when applied payment ends, you
are required to give us a 30 day notice of account termination, so
you are not charged for another hosting period. Failure to
give us the 30 notice could result in nonrefundable charges.
Charge backs are expensive and we may not be able to accommodate you
with a refund, however, we will always make every effort to be fair.
For example:
Domain transfer failure.
Failure of any third party script or program whether or not supported by
eKine Properties, LLC.
A customer's lack of experience in dealing with web basics and communication protocols.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
eKine Properties, LLC and Divine Publishing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against
eKine Properties, LLC, 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
eKine Properties, LLC and Divine Publishing against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with
eKine Properties, LLC's servers.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from eKine Properties,
LLC's servers
by 3rd party vendors.
Data Backup
eKine Properties, LLC and Divine Publishing backs up data daily, weekly and monthly. We
keep our servers as safe as possible, however because of the way the
world is today, we can not be held legally responsible, under
certain conditions, for loss of data because of evil & unexpected
Internet activities. (Please be sure to take advantage of the
Backup feature in your cPanel, so you will always have a backup of
your site files, as well.)
Privacy
Your personal billing information is private and is not shared with
anyone. We do not share information for any reason without your
permission. Also, your site is never listed on our public client
list without your permission.
Disclaimer
eKine Properties,
LLC will not be responsible for any damages your business may suffer.
eKine Properties, LLC and Divine Publishing makes no warranties of any kind, expressed or implied for services we provide.
eKine Properties, LLC and Divine Publishing disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by
eKine Properties, LLC and Divine Publishing and its employees.
eKine Properties, LLC and Divine Publishing reserves the right to revise the above terms and conditions at any time.
Unfortunately we have to say all of that for security purposes,
however we will do all we can to make your association with us
secure and profitable.
If you have any questions about these terms, please contact us and
we will be happy to explain them.
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