TERMS OF SERVICE – PKR Internet, LLC
Email:
PKR Internet communicates with its customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All PKR Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your PKR Internet email to your preferred account. Your PKR Internet email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.
Privacy Policy:
PKR Internet is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with PKR Internet.
On various PKR Internet web pages you may be able to order services, make requests, and register to receive materials or support. The types of personal information that may be collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of PKR Internet products and services. In order to tailor subsequent communications and continuously improve products and services, PKR Internet may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.
PKR Internet will not sell, rent, or lease your personally identifiable information to others. Unless required by law, PKR Internet will not share the personal data provided with any third party. Unless required by law, should a company not governed by PKR Internet's privacy policy require your personal information, your permission will be initially obtained. If you choose to share such information, the use of that data will be governed by that company's respective privacy policy.
PKR Internet uses your information to better understand customer needs and continuously improve the level of service provided. Your information may be used to help complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize PKR Internet's web site. Credit card numbers are used only for payment processing and are not utilized for any other purpose.
From time to time, PKR Internet may use your information to contact you for market research or to provide you with information thought to be of particular interest. At a minimum, you have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, PKR Internet will also follow local requirements such as allowing you to opt in before receiving an unsolicited contact.
PKR Internet strives to keep any personally identifiable information accurate. PKR Internet is committed to ensuring the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. PKR Internet uses encryption when collecting or transferring sensitive data such as credit card information.
Moderations of Use:
Bandwidth: As an ISP, PKR Internet's bottom line is determined partially by the amount of bandwidth customers utilize. PKR Internet will, according to your individual agreement, charge you for extra bandwith utilized. If you utilize any of your PKR Internet services in a manner which consumes excessive bandwidth or affects PKR Internet's core equipment, overall network performance, or other users' services, PKR Internet may require that you cease or alter these activities.
Any service that causes a disruption in the network integrity of PKR Internet or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any PKR Internet servers, servers connected to a PKR Internet provided Internet connection, or shared networks. PKR Internet reserves the right to modify or terminate services at our sole discretion.
Acceptable Use Policy:
You are liable and accountable for any activity originating from any of your PKR Internet accounts that are deemed to be in violation of this Acceptable Use Policy. This includes but is not limited to activity by employees, agents, other household members, friends and guests.
PKR Internet vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify PKR Internet's Abuse Department abuse@pkrinternet.com and appropriate action can be taken.
In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, PKR Internet reserves the right to suspend and/or terminate your account and all PKR Internet-provided services immediately, without advanced notice. PKR Internet reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that PKR Internet's determination is final and binding on you.
The following activities are considered in violation of PKR Internet's Acceptable Use Policy:
Intellectual Property Rights Infringement
PKR Internet respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, PKR Internet, Inc.'s information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by PKR Internet indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. PKR Internet Inc.'s policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.
Procedure for Making Claims Under the DMCA
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.
PKR Internet takes allegations of copyright infringement very seriously. If you believe in good faith that PKR Internet is the hosting service provider of material that infringes your copyright, you may submit a written notification of claimed infringement to our designated agent:
By Mail:
PKR Internet. LLC
Attn: Abuse Department
300 S Jackson St
Arlington, VA 22204Phone: 703-271-0607
By Email: abuse@pkrinternet.com
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service provider’s designated agent. A valid counter notification is a written communication that incorporates the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Challenges to claims of infringement must be substantiable in court to withstand the claims by the copyright owner. This information should not be construed as legal advice. We advise that you seek independent legal counsel before filing a notification or counter-notification.
For further information about the DMCA, please visit the Web site of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp/
Denial of Service
The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.
Hacking
Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.
E-Mail Spam
Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of PKR Internet's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.
Newsgroup Spam
Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.
Dissemination of Viruses
Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation.
Personnel Abuse
Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward PKR Internet personnel are considered in violation and will not be tolerated.
Password Policy:
Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. PKR Internet will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised. You must notify PKR Internet immediately if you believe your account may be compromised.
Account Billing & Invoicing:
PKR Internet reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.
Billing will commence on the day your connection is functional. You will be financially responsible for all service time thereafter unless PKR Internet is notified within a timely manner of an outstanding issue which PKR Internet deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.
PKR Internet charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.
Should you opt to terminate your PKR Internet service(s), you must contact us via telephone. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations.
Accounts Receivable:
All account payments are processed by PKR Internet or a designated agent. Should you and PKR Internet not already have billing and service terms, the following shall apply.
All accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a returned payment fee.
PKR Internet reserves the right, at its sole discretion, to terminate accounts that remain past due for 30 days. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable discontinuations fees may be applied and due at that time. If you wish to reinstate service with PKR Internet, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
Liability & Limitations:
PKR Internet is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other PKR Internet customer, whether legal or illegal; or any other goods or services provided by PKR Internet or any of its vendors. In no event shall PKR Internet be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding six months.
The technical support that PKR Internet provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.
Termination Policy:
PKR Internet has the right to terminate your service at its sole discretion, as determined by PKR Internet's moderations of use and acceptable use policies.
Customers within an active service term that are terminated due to violation of PKR Internet's moderations of use or acceptable use policies may be assessed a standard disconnection fee. All customers terminated for this reason are liable for any and all outstanding funds due to PKR Internet at the time of service termination, including but not limited to rendered service, hardware and installation fees.
Final Qualification:
PKR Internet is committed to providing quality Internet services. However, PKR Internet is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual operating systems and custom configuration of operating systems, operating system components, software, network hardware, or inside wiring.
Although PKR Internet wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.
Disconnection Policy:
It is the responsibility of the account holder to notify PKR Internet of cancellation via phone. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.
PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations Requested before the Activation Date and after 72 hours from initial order placement will be subject to a processing fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by PKR Internet or its vendors due to technical limitations.
FOLLOWING ACTIVATION - If your service is disconnected or terminated prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a disconnection fee.
Miscellaneous
Hosting
In the absence of a prior or contemporaneous agreement stating terms of service, the terms of this documents shall apply to all PKR Internet services.
Server Resources
Per our moderations of use, should your website utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, PKR Internet reserves the right to request that you either upgrade your web hosting service package or reduce your website's use of resources to an acceptable level. PKR Internet will be the sole arbiter of what is considered to be an excessive amount of server resources. PKR Internet reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity.
Spam
PKR Internet strictly prohibits bulk, unsolicited email and related practices, as defined by our acceptable use policy.
Scripts
Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice.
IRC
PKR Internet does not allow IRC clients or IRC bots to be hosted and operated on its web-hosting servers.
Content Restrictions
All content hosted on PKR Internet's servers are subject to our moderations of use and acceptable use policies. PKR Internet servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.
Modifications
PKR Internet may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide customers with PKR Internet's services. Certain changes to PKR Internet's services may affect the operation of customers' personalized applications and content. While PKR Internet will work with its customers to provide proper notice of such changes, each customer is solely responsible, and PKR Internet is not liable, for any and all such personalized applications and content, except as expressly agreed to by PKR Internet.
Backup of Data
Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with PKR Internet services.
Non-PKR Internet Products
Any mention of non-PKR Internet products by PKR Internet and its employees is for information purposes only and does not constitute an endorsement or recommendation by PKR Internet. PKR Internet disclaims any and all liabilities for any representation or warranty made by the vendors of such non-PKR Internet products or services.
Dialup
Dialup connection numbers and methods are subject to change or replacement at any time. PKR Internet reserves the right to direct those with dialup service to specific numbers, or restrict the use of others. You are responsible for any long distance charges associated with the use of your PKR Internet dialup.
Your PKR Internet dialup service is restricted to one simultaneous connection per unique PKR Internet username. Dialup services must remain in an active state without the aid of an automatic connection refreshing program/device for the duration of the session. Unlimited service does not provide a dedicated connection, and PKR Internet's standard dialup package includes 150 hours of connectivity per month. We reserve the right to disconnect, suspend, cap, or change connection requirements based on the abuse or misuse of your dialup connection.
Dialup service does not come with an uptime or connection throughput service guarantee.
Shell Accounts:
Some offered packages include a Unix shell account accessible from any computer in the world that has Internet access. Shell accounts are not automatically created.
For your security, shell accounts that remain inactive for at least 90 calendar days will be disabled. Remaining data may be archived for an additional 90 calendar days. Archived shell account data may require a retrieval fee if not already deleted.
Programs not associated with a logged-in interactive user are prohibited and will result in termination. This includes but is not limited to bots (for IRC or anything else) and cron jobs. PKR Internet reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.
Newsgroups/Usenet Service
News throughput benefits are subject to change per PKR Internet's discretion. PKR Internet does not guarantee throughput to or articles from the news servers.
Legal Terms
This agreement is subject to the laws of Virginia, without regard to its law of conflicts of law. All disputes hereunder shall subject to litigation or arbitration in Fairfax County, VA.
No waiver of any provision of this agreement shall be effective unless memorialized in writing and signed by both parties, and no such waiver of any portion of this agreement will operate as a waiver of any provision on a subsequent occasion.
This agreement is subject to change at any time upon revision by PKR Internet, at its sole discretion. It is your responsibility to remain in compliance with these terms of service.
EACH PARTY HEREBY WAIVES SUCH PARTY’S RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT AND THE BUSINESS RELATIONSHIP THAT IS BEING ESTABLISHED. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY EACH PARTY. EACH PARTY ACKNOWLEDGES THAT NO PERSON HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR HAS TAKEN ANY ACTIONS WHICH IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. EACH PARTY ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH PARTY HAS ALREADY RELIED ON THIS WAIVER IN ENTERING INTO THIS AGREEMENT AND EACH PARTY WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. EACH PARTY FURTHER ACKNOWLEDGES THAT EACH HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL (OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE SIGNING OR MAKING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER.
