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Terms of Use |
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Last updated July 10, 2010 |
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A. Akiela Corp. Web Hosting & Ecommerce Customer Restrictions |
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The following Terms of Use apply only to Akiela Corp. Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all Akiela Corp. customers: |
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Server Resources |
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Akiela Corp. will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. |
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Spamming |
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Akiela Corp. customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Akiela Corp. server, and selling or distributing software (on a Web site residing on an Akiela Corp. server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Akiela Corp. reserves the right to determine,in its sole and absolute discretion, what constitutes a violation of this provision. |
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CGI Scripts |
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Akiela Corp. does not permit CGI script sharing with domains not hosted by Akiela Corp. or any scripts that may be abused for UCE purposes. |
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Chat Rooms |
Akiela Corp. does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Akiela Corp. provides Java chat rooms that meet most users' needs and run without hindering system performance. |
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Background Running Programs and Cron Jobs |
Akiela Corp. may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Akiela Corp. at support@Akiela.com so that we can arrange set-up. |
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IRC |
Akiela Corp. does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers. |
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Software Distribution |
Akiela Corp. Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products.If you wish to distribute software and/or multimedia files, please contact sales@Akiela.com to make special arrangements. |
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Multimedia Files |
Multimedia files are defined as any graphics, audio, and video files. Akiela Corp. Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files. |
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Databases |
Any database stored on Akiela Corp.'s Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account. |
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B. Akiela Corp. Dedicated Server Customer Restrictions |
The following Terms of Use apply only to Akiela Corp. Dedicated Server customers and supplement the terms in sections C and D that apply to all Akiela Corp. customers: |
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Customer Security Responsibilities |
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. |
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IRC |
Akiela Corp. allows Dedicated Server customers the use of IRC inside the Akiela Corp. network as long as the use of IRC on an Akiela Corp. server does not violate any of the other terms of these TOU. As a policy, Akiela Corp. will not provide vanity IRC reverse DNS records. To enforce this policy Akiela Corp. does not turn the reverse address of IPs over to the customer. Authority over this information remains with Akiela Corp. |
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Billing for Network Resources |
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. |
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C. All Akiela Corp. Customer Terms of Use |
The following Terms of Use apply to ALL Akiela Corp. customers: |
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Akiela Corp. Services |
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Akiela Corp.'s services include, but are not limited to: |
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1. Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Akiela Corp. provides to customers); |
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2. Any use by customers, or any access provided to customers by Akiela Corp. of computing, telecommunications, software, information, hardware, and equipment; |
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3. Any act, or provision of any service, by Akiela Corp. to customers, related to Web hosting and domain name registrations (including server usage and technical support) regardless of duration and whether paid for or not; |
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4. Any provision by Akiela Corp. to customers, of any space, Internet connectivity, or electrical power; |
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5. Any access or use related to the Akiela Corp.'s Web site, including the Web site itself; |
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6. Any other service mentioned in the TOU; |
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7. Any other service provided by Akiela Corp. to customers, whether used or not; |
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8. Any other Akiela Corp. services that are used by customers, whether offered or provided by Akiela Corp. to customers. |
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Ownership of Web Site |
The legal owner of customers' Web sites and accounts with Akiela Corp. will be the individual or organization whose name is listed in Akiela Corp. database as the owner. Customers will fully cooperate with and abide by any and all of Akiela Corp. security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Akiela Corp. |
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Email Accounts |
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 4 consecutive months or more shall be deemed abandoned and Akiela Corp. shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”). |
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At least 2 weeks in advance, Akiela Corp. shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks. Akiela Corp. has the right to delete all content stored in any of customer’s spam folders or email accounts for 30 days or more. |
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Illegal Use |
Akiela Corp. 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: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Akiela Corp. services, all Akiela Corp. customers certify that they and/or the organization they represent in procuring services from Akiela Corp. are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224;are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. |
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Spamming |
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Akiela Corp. customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Akiela Corp. server, and selling or distributing software (on a Web site residing on a Akiela Corp. server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Akiela Corp. reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. |
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System and Network Abuse |
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header or any part of the header information in an email or a newsgroup posting. |
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Viruses and Other Destructive Activities |
Use of Akiela Corp. services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Akiela Corp. services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. |
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D. For All Akiela Corp. Customer Billing Policy Click Here. |
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For the 30-Day Money Back Guarantee Click Here |
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Credit Card Disputes/Chargebacks |
Akiela Corp.'s has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Akiela Corp.'s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback. |
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Billing/Price Changes |
Akiela Corp.'s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle. |
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E. Copyright Violations |
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Akiela Corp. customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Akiela Corp. customer (per the DMCA) to Akiela Corp. must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Akiela Corp.'s sole discretion. |
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DMCA Copyright Infringement Notification Requirements: |
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Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). |
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Identification of the copyrighted work(s) claimed to have been infringed. |
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Identification of the material claimed to infringe the copyright(s), and enough information for Akiela Corp. to locate it including URLs and specific descriptions of the infringing material at each URL. |
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The Claimant's name, address, and telephone number(s). |
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A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. |
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A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. |
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The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512. |
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Akiela Corp. is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Akiela Corp. will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. |
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In the event that Akiela Corp. must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Akiela Corp. may do so by disabling access to your entire web site. |
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DMCA Counter Notification Requirements: |
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Physical or electronic signature of the Customer (ie., allegedly infringing web site's owner) or a person authorized to act on the Customer's behalf. |
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Identification of the copyrighted work(s) claimed to have been infringed. |
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Identification of the material claimed to infringe the including URLs and specific descriptions of the infringing material at each URL. |
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The Customer's name, address, and telephone number(s). |
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A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification. |
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A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer's address is located, or if the Customer's address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof). Email the counter notification to legal@Akiela.com |
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Child Pornography |
The use of Akiela Corp. services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Akiela Corp. is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. |
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Privacy |
Akiela Corp. is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Akiela Corp. urges its customers to assume that all of their on-line communications are insecure. Akiela Corp. cannot take any responsibility for the security of information transmitted over Akiela Corp. facilities. Additional details on privacy and Akiela Corp use of customer information can be found in Akiela Corp. Privacy Statement. |
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Customer Responsibility |
Customers are required to use the Akiela Corp. network responsibly. This includes respecting the other customers of Akiela Corp.. Akiela Corp reserves the right to suspend and/or cancel service with any customer who uses the Akiela Corp. network in such a way that adversely affects other Akiela Corp. customers. While Akiela Corp. may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Akiela Corp. does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Akiela Corp. becomes aware of any violation of the TOU or other user agreements, Akiela Corp. may take any action to stop or correct such violation, including, but not limited to, denying access to Akiela Corp. services and equipment or to the Internet. In addition, Akiela Corp. may take action against a customer or a customer of such customer because of the activities of such customer. Akiela Corp. anticipates that customers who offer Internet services will cooperate with Akiela Corp. in any corrective or preventive action that Akiela Corp. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Akiela Corp. policy and Akiela Corp. reserves the right to take any such action even though such action may affect other customers of the Akiela Corp. customer. |
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Actions Taken by Akiela Corp. |
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Akiela Corp. will be the sole arbiter as to what constitutes a violation of the TOU. Akiela Corp. reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Akiela Corp. becomes aware of an alleged violation of its TOU, Akiela Corp. will initiate an investigation. During the investigation, Akiela Corp. may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Akiela Corp. may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Akiela Corp. will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Akiela Corp. does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Akiela Corp.. |
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Indemnification |
Akiela Corp. customers agree to protect, defend, hold harmless, and indemnify Akiela Corp., any third party entity related to Akiela Corp. (including, without limitation, third party vendors), and Akiela Corp. executives, directors, officers, attorneys, managers, employees, consultants, contractors,agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Akiela Corp. services. |
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Disclaimer |
The Akiela Corp. service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Akiela Corp. expressly disclaims any representation or warranty that the Akiela Corp. service will be error-free, secure or uninterrupted. No oral advice or written information given by Akiela Corp.,its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Akiela Corp. and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. |
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Termination for Bankruptcy or Insolvency |
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Akiela Corp. may immediately terminate provision of Akiela Corp. services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Akiela Corp. in such event. |
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LIMITATION OF LIABILITY |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Akiela Corp.'s (INCLUDING, WITHOUT LIMITATION, Akiela Corp.'s EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Akiela CORP.'s SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Akiela Corp.'s SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Akiela Corp.'s SERVICES EVEN IF Akiela CORP.'s HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Akiela CORP. TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Akiela CORP. SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Akiela Corp. OR Akiela CORP.'s REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. |
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Modifications |
Akiela Corp. may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Akiela Corp services. Certain changes to Akiela Corp. services may affect the operation of customers' personalized applications and content. Each customer solely responsible, and Akiela Corp. is not liable, for any and all such personalized applications and content, except as expressly agreed to by Akiela Corp.. |
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Back Up of Data |
Except where Akiela Corp. has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Akiela Corp. is in NO way 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 Akiela Corp. |
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Third Party Licenses |
Akiela Corp. makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Akiela Corp. makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Akiela Corp. specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Akiela Corp. liable in any way for the revocation of any license, which has been licensed to Akiela Corp.. The use of the Technologies obtained from or through Akiela Corp.,or any other referred third party, whether directly or indirectly, is at the sole risk of customers. |
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Akiela Corp. Intellectual Property |
Customers will not, without Akiela Corp.'s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Akiela Corp.'s Web site, and customers will not use any of Akiela Corp.'s trademarks, service marks, copyrighted materials, or other intellectual property without Akiela Corp.'s express written consent. Customers will not, in any way, misrepresent their relationship with Akiela Corp.'s , attempt to pass themselves off as Akiela Corp., or claim that customers are Akiela Corp.. |
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Minimum Age Requirements |
Akiela Corp. customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Akiela Corp. customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Akiela Corp. services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Akiela Corp.'s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Akiela Corp. services will be deemed null and void to the extent Akiela Corp. will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Akiela Corp. services. |
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