Agekko.com TERMS of SERVICE AND ACCEPTABLE USE POLICY
Agekko.com and its affiliates provide to business users and their customers several information technology related services, including such service as Internet access, various electronic mail (email), packages and services, worldwide web hosting arrangements, and other online and Internet-related services.
It is contrary to Agekko.com policy for any user of these services to affect or participate in any of the following activities through a Agekko.com -provided service:
To post messages substantially similar in content to ten (10) or more usenet or other newsgroups, forums, listservs, or other similar groups or lists (each a "list").
To intentionally post to any list articles that are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send unsolicited email to more than twenty-five (25) email users, if such unsolicited email could reasonably be expected to provoke complaints. Except as otherwise defined under applicable law, "unsolicited email" does not include any message addressed to an individual (i) with whom the sender has a pre-existing and ongoing business or personal relationship, (ii) from a non-commercial organization or entity of which the individual is a pre-existing member or (iii) a posting to a list that does not otherwise violate this policy.
To harvest email addresses from any source without the express permission of the owner of that address or addresses in connection with use of any Agekko.com service.
To falsify user information provided to Agekko.com or to other users of the service in connection with use of an Agekko.com service.
To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through an Agekko.com account, remailer, or otherwise through an Agekko service or using an Agekko account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect an Agekko.com service.
To engage in any other activity that is either in violation of law, threatens the integrity of any computer system, or violates generally accepted standards of Internet conduct and usage, including but not limited to, denial of service (DoS) attacks, web page defacement, port and network scanning, and unauthorized system penetrations. Agekko.com considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Agekko.com's terms and conditions of service. Engaging in one or more of these practices may result in termination or suspension of the offender's account and/or access to Agekko services in accordance with the customer's agreement with Five K. In addition, Agekko.com reserves the right, where feasible, to implement technical mechanisms which block postings and messages as described above before they are forwarded or otherwise sent to their intended recipients.
This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Agekko.com 's terms and conditions of service (viewable at: www.Agekko.com/) also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Agekko.com shall respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit Agekko.com's actions or remedies in any way with respect to any of the foregoing activities, and Agekko.com reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the Agekko.com service, and levying cancellation charges to cover Agekko.com 's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, at all times, Agekko.com reserves the rights and remedies available to it with respect to such activities at law or in equity.
Client Access or Third Party Access to Agekko.com Proprietary Software
Ownership of Copyright and Original Works
The Client acknowledges and agrees that Agekko.com retains rights to all Source Code, Development Processes & Know-How, provided or developed by Agekko.com. Agekko.com acknowledges and agrees that Client retains all rights to logos, illustrations, titles, corporate symbols, graphics, text and content provided to Agekko.com for site construction. Agekko.com and Client acknowledge and agree that ownership and copyright to graphics, layout and the web site "design" will transfer to client after full payment of development proposal, but that Agekko.com will retain full copyright to any Server Side Code or Software used in the development maintenance, and operation of this web site. Except for Source Code, Development Processes & Know-How, all work performed by Agekko.com and all work product, excepting third party 'Licensed" product, will become property of client upon client's payment for the same. Agekko.com and Client acknowledge and agree that ownership and copyright of any "Royalty Free" (RF) or "Rights Managed" (RM) stock photography, illustrations, flash animations, audio files, or other third party creative works, remain the intellectual property of the originator, and such use is governed by the licensing agreement in place at time of purchase. Client acknowledges and agrees that all Source Code, Development Processes & Know-How, developed by, or proprietary to, Agekko.com are not part of the work product.
Once Client Access or Third Party Access is requested to applications built by Agekko.com, a HTML/CSS version of the Website or Application will be created to fulfil the request.
VIRTUAL HOSTING SERVICES
Virtual Server. Pursuant to the terms of this Agreement and the Plan selected by Client, Agekko.com agrees to provide Client with: (i) space on a server ("Virtual Server") to host a site on the Internet ("Web Site"), (ii) a revocable; non-exclusive and non-transferable, license to use Agekko.com proprietary software ("Software"), and (iii) various other services as more specifically set forth in Client's Plan (collectively, "Services"). Client hereby agrees that Agekko.com is responsible only for providing the Services set forth in Client's Plan and this Agreement, and Agekko.com is not responsible for providing other services or tasks.
CO-LOCATION SERVICES
CO-LOCATION Server. Pursuant to the terms of this Agreement and the Plan selected by Client, Agekko.com agrees to provide Client with: (i) space on a server ("CO-LOCATION Server") to host a site on the Internet ("Web Site"), (ii) a revocable; non-exclusive and non-transferable, license to use Agekko.com proprietary software ("Software"), and (iii) various other services as more specifically set forth in Client's Plan (collectively, "Services"). Client hereby agrees that Agekko.com is responsible only for providing the Services set forth in Client's Plan and this Agreement, and Agekko.com is not responsible for providing other services or tasks.
MANAGED, DEDICATED SERVICES
MANAGED DEDICATED Server. Pursuant to the terms of this Agreement and the Plan selected by Client, Agekko.com agrees to provide Client with: (i) space on a server ("MANAGED DEDICATED Server") to host a site on the Internet ("Web Site"), (ii) a revocable; non-exclusive and non-transferable, license to use Agekko.com proprietary software (such as; server software, credit card payment processing software, etc), exempting specific, in-site software (compiled shopping cart files, newsletter files, in the form of web documents [.HTML, .CFM]- that are integral to the design and layout of the web site) ("Software"), and (iii) various other services as more specifically set forth in Client's Plan (collectively, "Services").
Client hereby agrees that Agekko.com is responsible only for providing the Services set forth in Client's Plan and this Agreement, and Agekko.com is not responsible for providing other services or tasks.
In providing Mananged, Dedicated Services, Agekko.com makes use of proprietary software in server administration, as such, Agekko.com's Managed, Dedicated Hosting plans do not include FTP accounts.
POINTSHARE CLIENTS
The Client acknowledges and agrees that Agekko.com retains rights to all domain names, Source Code, Development Processes & Know-How, provided or developed by Agekko.com, as a service to its point share clients, for the day to day operation of it's networks and infrastructure.
Independent Contractor. Agekko.com and Client are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise or agency between Agekko.com and Client. Neither Agekko.com's nor Client shall have the power to bind the other or incur obligations on the other's behalf without the other party's prior written consent.
MONTHLY WEBSITE MAINTENANCE SERVICE FEE
Monthly Website Maintenance Service Fee - allows for up to 1.5 hours of adjustments and/or changes to client's current website per month. Additional time over and above the 1.5 hours in a given month will be billed at the standard rate of $90/hr in 1/2 hour increments. The Web Maintenance hours may not be carried over to the next month for use for any reason.
EMAIL USE, STORAGE AND DELETION POLICY
Agekko.com Technologies reserves the right to limit the file size of individual email mailboxes to a maximum of 100 megabytes of storage at any one time. Individual email mailboxes found over the 100 megabyte limit will be subject to deletion without notice. Deleted email will not be restored or saved.
Agekko.com Technologies reserves the right to limit the maximum transfer limit of any one message to a maximum message size of 5 megabytes.
Agekko.com Technologies reserves the right to reject or filter email based on source address and content. Examples are, but are not limited to, virus filtering and blocking open relay mail servers.
Agekko.com Technologies will not make back-ups of a customer's email.
Agekko.com Technologies reserves the right to delete stored email older than 90 days from mail server. Deleted emails will not be recovered.
Agekko.com Technologies reserves the right to delete email accounts idle for more than 90 days from mail server. Deleted email accounts will not be recovered.
Idle email accounts described as email accounts with no login or sending activitity for the duration of the allowed time period.
The services may not be used to transmit, retransmit, or distribute by e-mail or any other method any material that violates any condition of this AUP in the sole judgment of Agekko.com Technologies . Activities considered by Agekko.com Technologies to be a violation of this AUP are as follows, but are not limited to:
Agekko.com Technologies reserves the right to limit users sending bulk mail (email blasts or newsletters) during regular business hours, please set your mailing list software to activate after hours.
To ensure bulk emails are sent in a timely matter, and that all shared mail servers receive the highest levels of performance, we ask that you adhere to the following bulk email guidelines.
Guidelines
- Only send bulk emails during off peak hours. Off peak hours are Monday through Friday, from 8:00 PM to 5:00 AM Pacific Standard Time (-8 GMT), and all day Saturday and Sunday.
- Be sure to provide a valid from or return address so that all bounced messages have a place to be sent.
- Mass emails sent using shared mail servers are throttled to deliver only 40 messages (per domain) and only receive 10 bounced emails an hour. If you need to send a higher amount of emails per hour, consider using a VPS or dedicated server to sent out your bulk mailings.
Best Practices and Guidelines
Opt-In
- Send email only to users who specifically requested to receive it from you. It is not advisable to purchase mailings lists or automatically subscribe users by utilizing an opt-in checkbox that is already checked on your website.
- Utilize a double/confirmed opt-in process. If a user subscribes to your mailing list, send them an email that requests that they click a link to confirm their opt-in. This will reduce the number of bounced emails and spam complaints you could receive.
- When visitors to your website subscribe to your newsletter, set clear expectations. Explain what you will send to your subscribers and how often they will receive your emails.
- Send your bulk emails from a consistent email address and advise your users to add it to their address books.
- Make sure your 'From' address clearly identities who the email is from.
- Consider including your company name in the subject line so your subscribers can recognize who the email is from fairly quickly.
- Use subject lines like, "Your Weekly Newsletter from 'X' Company" or "Your Monthly 'X Product' Update" so your subscribers know it is an email that they want to receive. Users may report your email as spam with subject lines that contain "Buy Two, Get the 3rd for Free" or "Weekly Online Specials" without a mention of your company name and/or product.
- Provide a visible and unsubscribe process in every one of your sent bulk emails. Do not make it difficult for your users to unsubscribe from your newsletter/mailing list.
- Your users should not need to login to your website to complete the unsubscribe process.
- Process unsubscribes from your users as soon as possible or within a timely basis.
Any unsolicited e-mail, whether commercial or otherwise, including, but not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts.
Solicited e-mail that contains material that otherwise violates this AUP or any e-mail that falsifies the address or other information; harassing e-mail, whether through language, frequency, or size of messages.
Any e-mail "chain letters" or other "pyramid schemes."
E-mail relayed without the express permission of that site, service, system or network.
E-mailing the same or similar messages to one or more newsgroups (also known as "cross-posting" or "multiple posting").
E-mail containing false or misleading statements, claims, or representations.
Forging header information including, but not limited to, any attempt to circumvent the approval process for posting to a moderated newsgroup.
Email and other access passwords:
Agekko.com requires passwords to consist of Letters, Numbers and Extended Characters.
Indemnity. Client shall indemnify, defend and hold Agekko.com Computers, and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party") harmless from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys' fees (collectively, "Losses") resulting from or arising out of any claim, suit, action, arbitration or proceeding (each, an "Action") brought by a third party against Indemnified Party relating to: (i) a breach or alleged breach by Client of any of its representations, warranties, covenants or obligations hereunder, (ii) infringement or misappropriation of any intellectual property rights, including but not limited to rights of privacy, patent, copyright, trade secret, trademark rights and/or licenses, (iii) injury caused by any negligence or willful misconduct of Client, or (iiii) use of the Services, including use of the Services by third parties, without the consent of Client.
Comments, questions, or suggestions: webmaster@Agekko.com
To report abuse of these policies: abuse@Agekko.com
If you would like additional information on Agekko.com services, please call us at 1-877-567-6822 or contact us using the online request form www.Agekko.com.
Agreements for Agekko.com Services shall begin upon the date Client registers the Plan (or signs Bid Estimate) and shall continue for the period of time set forth in the Plan ("Initial Term"), unless earlier terminated according to the provisions of the Agreement. Any Agreement shall continue automatically for additional terms equal to the Initial Term (each, a "Renewal Term") unless either party provides notice at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as applicable, that it has elected not to renew the Agreement. For security reasons and the general protection of clients, Agekko.com requires all notices not to renew the Agreement be delivered by either: (i) Written notice delivered via USPS, FedEx, or other letter delivery service, or, (ii) faxing a cancellation request to (509) 248-8100, containing the account name, password, reason for cancellation and signature of Client.
I have read and agree to all the terms and conditions contained in the Agekko.com Fee Schedule, Acceptable Use Policy (AUP), and Privacy Policy. I understand that these documents are subject to change by Agekko.com and that the current version is available to the public at http://www.Agekko.com/tos and I accept those documents in lieu of formal written notification of any changes.
Each user is solely responsible for his or her transmissions through Agekko.com Email Service. As a condition of your use of the Service, you affirm to Agekko.com , that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. By registering an address with Agekko.com Email Service, you agree to be bound by the terms outlined in this Service Agreement. Agekko.com Email Service may, at its sole discretion, immediately terminate service without cause or notice, should user's conduct fail to conform to these conditions. We're an Internet-based business and we use the Internet to send and receive certain types of communications. You agree to be bound by Internet regulations, policies and procedures. You agree to comply with all applicable local, state, national and international laws and regulations. You also agree to not use Agekko.com Email Service for illegal purposes; to not interfere or disrupt networks connected to this service; and to comply with all the rules, policies and procedures connected to this service. You will not use Agekko.com Email Service to send junk email, spam, chain letters or use email lists that contain any person that has not specifically agreed to be included on that list. You agree not to transmit, or allow others to use your address to transmit, through Agekko.com Email Service, any objectionable material including, but not limited to, unlawful or harassing, libelous, abusive, threatening, harmful, vulgar or obscene material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate items discussed in #2 above. You agree to not interfere with another member's use and enjoyment of Agekko.com Email Service or another similar service. You agree not to harvest or otherwise collect information about others, including email addresses, without their consent. You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. The information and services included in or available through the Service may include inaccuracies or errors. Agekko.com may make improvements and/or changes to the Service at any time without notice. Agekko.com does not guarantee that Agekko.com mail will be uninterrupted or error-free, that bugs or malfunctions will be corrected, or that the Service and its servers are free of harmful components. Agekko.com does not guarantee that the uses of its Service, or the materials provided within the Service, are accurate, without error, or reliable. Agekko.com has no obligation to monitor the Service, but may do so and disclose the information regarding the use of the Service for any reason if Service Provider in its sole discretion believes that it is reasonable to do so, including to satisfy governmental or legal requests. Agekko.com does not guarantee that the uses of its Service, or the materials provided within the Service, are private or secure from being viewed by Agekko.com employees in the ordinary day to day maintenance and troubleshooting of the mail, the mail servers or any Anti-Spam device. Agekko.com provides its Service "as is". The Company makes no warranty or covenant in regards to the availability, reliability, privacy, or timeliness of the Service. Agekko.com is not responsible for the appropriateness of the Service for any one purpose. Agekko.com will not be held responsible for any and all damages whatsoever as a result of the loss of use, data or profits connected to the performance of Agekko.com mail. The user is solely responsible for any and all information that passes through the Agekko.com mail servers. Agekko.com is not responsible or liable for any product or service acquired or requested using the Service. The sole remedy is for users to discontinue their use of Agekko.com mail and its related Web sites.