Purchasers of Internet services provided by Teknon Media, including Hosting Service Clients and/or Affiliates referring customers, must read and agree to the following terms and guidelines: The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our Acceptable Use Policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
Illegality
In any form, including but not limited to the unauthorized distribution or copying
of copyrighted software or other data, harassment, fraud, trafficking in obscene
material.
Undesirable Content
Certain types of content are not allowed on our network.
We do not host "adult"
or sexually explicit content of any description. That includes "R" rated sexual content.
We do not host content relating to Hacking,
Cracking, Warez. IRC is not allowed.
We do not host content related to hatered, anti-religious, anti-racial, anti-social groups.
We do not host content related to the occult, psychics,horoscopes, astrology, psychic lines (psychic 900 numbers), etc
We do not host any sites that promote pyramid, Ponzi, chain letter-type scams including "gifting" programs.
We do not host
the Follow-Up Mailing List Processor application by SellWide (FUMP / FMLD).
We do not host anything that supports illegal activity of any kind.
We reserve the right to remove content that violates these terms without notification.
SIDE NOTE: The purpose for banning the above content (aside from obvious moral issues) is that some content attracts a certain caliber of visitor to web sites that includes hackers and other lower level web surfers. This caliber of traffic can compromise a server and/or it's network.
Software downloads may
only be hosted if you are the writer and copyright owner of the software, or have permission to distribute such information. Any software including freeware, shareware and trial software that is covered
under copyright protection is forbidden for which you do not have permission to host or distribute is forbidden. Audio and video downloads may only
be hosted if you are the creator and copyright owner of the work or have written
permission to offer such files from the copyright holder.
All hosting accounts must 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,
obscene, demeaning to others, or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold us harmless from any claims
resulting from the use of the service which damages the subscriber or any other
party.
Note: Sites that promote any illegal activity or content that
may be damaging to our servers or any other server on the Internet. Links to
such materials are also prohibited.
Teknon Media
will be the sole arbiter as to what constitutes a violation of this provision.
Bulk Email
The use of our network, servers or other equipment to send bulk e-mail to any recipients that have not requested to receive such e-mail messages, and the use of unsolicited bulk e-mail to promote a site on our network
is strictly forbidden. Hosting clients and affiliates of Teknon Media
agree that the use of bulk e-mail by our affiliates or hosting clients to promote
any product or service associated with Teknon Media is grounds
for cancellation of hosting service accounts and/or affiliate accounts whether
or not the bulk e-mail was sent through the Teknon Media servers. Sending bulk e-mail through out network and/or servers requires you to be able to verify the request made by any and all recipients of e-mail messages. failure to provide proof or verification that a recipent requested to recieve a mailing in question, may be labeled as "spam" and may result in teh termination of an account as well as termination from any future uses of the network and/or equipment provided by Teknon Media.
Misuse Of Resources
Including but not limited to employing applications which consume excessive
CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts
which are used for sending unsolicited bulk e-mail are not allowed if e-mail messages are sent to recipients who cannot be verified as having requested such e-mail. The use of web cam applications which maintain a constant
FTP connection uploading an image at regular intervals is forbidden. If you
are unsure about content you intend to place on our network, please check with
us before you do. We reserve the right to determine what constitutes acceptable
use.
It is considered a misuse of resources for hosting clients to resell any portion of the hosting service, disk storage space, bandwidth, eMail accounts, sub-domains or any other service associated with the features of the plan that require the use of the web servers. Hosting clients may not act on behalf of Teknon Media as a representative or agent of the Company in any way. The selling of hosting service features may only occur through the authorized affiliate program which requires the registered affiliate to read and abide by the affiliate program policies stated in section IV below.
II. Contact Information
Teknon Media, 1177 Beebe Lane, Eugene OR, 97404 USA
III. Teknon Media Legal Notice
Hereafter we refer to Teknon Media as "the Company".
Information and Accuracy
Information and services provided at the Internet domains and
teknonmedia.com are provided "AS IS" without warranty of any kind,
either express or implied, including but not limited to, implied warranties
of merchantability, fitness for a particular purpose, or non-infringement.
No Liability
In no event will the Company be liable to any party for any direct, indirect,
punitive, special, incidental or other consequential damages arising directly
or indirectly from any use of this Internet resource, or the Teknon Media service, even if the Company is expressly advised of the possibility of such
damages.
Copyright Notice
This web site is subject to the protection of the copyright laws of the United
States and other countries. You may not reproduce any part of this web site
without the prior written permission of the Company.
Links to other sites
Information on this web site may contain links or references to other sites.
Other sites may contain links or references to this site. The Company does not
endorse, and is not responsible for, any product or service offered by any entity
other than itself.
Comments
Any comments or materials sent to the Company regarding this web site may be
used by the Company without liability, and without compensation or attribution
to the sender. The Company may reproduce, use, disclose, exhibit, display, transform,
create derivative works and distribute such content or materials to others without
limitation.
Cancellation or Suspension
of Accounts
The Company may cancel permanently or suspend temporarily any account that is
in violation with the terms of service.
The hosting client may cancel his/her account within 30 days of purchase by writing a request to close the account and sending it to the Company (by e-mail or regular mail) and receive a full refund. For cancellation requests made by the client after 30 days, refunds will be pro-rated based on the number of months paid for in advance (unused months). After 30 days from the purchase date, set-up fees are NOT refundable. All web hosting account cancellations may be submitted in writing by postal mail or by e-mail to support@teknonmedia.com , but MUST include ALL FIVE (5) of the following components of information in order to process any potential refund: (1) The domain name on the account being cancelled; (2) the FULL name of the registred owner of the domain; (3) a VALID e-mail address; (4) a PHYSICAL MAILING address of the owner of the domain /account user; (5) the original method of payment used to order the account being cancelled (e.g.: PayPal, 2CheckOut, etc.). Requests for any pending refunds may not be processed until all o fthis information is provided. Postal mail requests are preferred to assure delivery of your request.
IV. TEKNON MEDIA HOSTING CLIENT AND AFFILIATE CONTRACT:
Hereafter we refer to Teknon Media as "the Company". The Teknon Media Client Contract is the contract between the Company and the Hosting Client and/or Affiliate (You).
You agree that Oregon law, excluding conflict of laws principles, will govern
this agreement, and that any claim or suit arising out of or related to this
agreement must be brought exclusively in federal or state courts located in
Eugene, Oregon. You consent to the exclusive jurisdiction of such courts. You
agree that in no event will the Company be liable to you for any special, incidental
or consequential damages. You agree to indemnify and hold the Company harmless
for any damages or costs incurred as a result of your violation of any law,
regardless of whether they are actual, incidental, consequential, or punitive.
You agree that you are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your enterprise. You assume full responsibility for your decision to use Teknon Media's affiliated services.
The Company offers the 5dollarweb.com hosting service "as is" and disclaims any implied warranties including for merchantability, fitness for a particular purpose, and non-infringement. You understand that the Company reserves the right to delay, suspend, or refuse payment of any portion of your 5dollarweb.com affiliate earnings at any time.
You understand that the Company reserves the right to close your hosting service if the terms of this policy are violated and/or close any affiliate account at any time. You understand that the Company reserves the right to modify the Tekon Media Hosting and/or Affiliate Client Contract at any time.
Affiliate Registration
& Participation
In order to participate
in the Teknon Media affiliate program, applicant must register
online via the appropriate form provided at the web site. We
reserve the right to cancel the affiliate program at any time; we reserve the
right to decline an applicaant's request to participate in the affiliate program.
Authorized and registered affiliates may not act on behalf of Teknon Media as a representative or agent of the company. The affiliates
participation is limited to providing referred traffic to by
way of authorized affiliate link for the sole purpose of earning a commisssion
on the sale of services that are purchased through an authorized affiliate link.
Purchases made that do not occur through an authorized affiliate link are not
subject to commission payments even if the purchaser was refferred by an authorized
registered affiliate.
Registered and authorized affiliates for Teknon Media agree to receive e-mail notifications, newsletters and updates to the e-mail address provided at the point of registration. Cancellation of subsription to any e-mail sent by Teknon Media warrants cancellation of the affiliate account.
No purchase is neccessary; affiliates are not required to be hosting clients in order to participate in the affiliate program. Affiliates may purchase hosting services through their own affiliate link and qualify for commissions, provided the purchase in transacted through the authorized affiliate link pages. Payment of those commissions are subject to the terms set forth under "Payments".
The Teknon Media Affiliate Program is available only to residents of: Australia, Austria, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, India, Ireland, Israel, Italy, Japan, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Portugal, Singapore, South Korea, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States of America
Payments
Payments for sales will be made to the registered affiliate monthly
by the close of the following calendar month for sales made in the previous
month. For example, for sales made in the month of January, commissions will
be paid to the affiliate in the form of PayPal ot StormPay transfer no later
than the last day of February. If an affiliate has not provided Teknon Media
with PayPal or StormPay payment information for the purpose of sending payment
to the affiliate, the affiliate may forfiet all or part of any commissions earned.
Commissions
The commission amounts paid to affiliates will be as follows: 35% of the affiliates
direct customer referrals and 15% of the sales made by affiliates who register
through the affiliates authorized web site. The affiliate will be paid for ONE-TIME
sales only and only those sales that are submitted through the affiliates authorized
web site form(s) are subject to commissions. If a hosting client renews their
hosting service at a later date, the affiliate who referred the original sale
does NOT qualify for the renewal commission unless the hosting client renews
their account through the affiliate's authorized web site. The affiliate shall
be responsible for all Federal, State and local taxes due as a result of earnings
paid by Teknon Media to the affiliate.
Cancellation of Accounts
The Company
reserves the right to cancel any affiliate's account without further notice
at anytime. If an client/affiliate violates the terms of service in this notice
or violates the acceptable use policy, the client/affiliate agrees to accept
the cancellation of the account AND forfeit all affiliate priviledges and unpaid
commissions. Any purchases or referrals made by the affiliate whose account
has been cancelled will no longer receive future commissions, even if the purchaser
uses the cancelled affiliates web site to make the purchase.
Cancellation of Hosting
Accounts
If/when a hosting client cancels an account sold by an affiliate, the amount
refunded to the hosting client shall affect the amount of the commission due
the affiliate based on a percentage. If the client receives a 100% refund, (which
can occur within 30 days) , then 100% of the earned commission will be deducted
from the affiliate's account who referred the original sale. Clients who request
refunds after 30 days and receive a percentage of their purchase as a refund
will affect the account of the referring affiliate by that same percentage of
the commission. In other words, if a customers receives 50% of their purchase
price back as a refund, 50% of the commission earned by the affiliate will be
deducted from the affiliate's future earnings.
Domain Registration
When a customer purchases a web hosting account, the client is required to either register a new domain name and the registrar of choice or provide a domain the client already owns.
If the customer does not own a domain at the time of purchase, the client is required to REGISTER one for the hosting account to be valid. There are TWO (2) options for customers who do not yet own a domain at time of purchase:
OPTION #1 - When a hosting account is ordered , client is given the option of searching for an available domain and allowing TeknonMedia to register an available domain for the client's use as long as they remain a TeknonMedia hosting customer. This type of domain purchase and registration is NON-REFUNDABLE and the use of this domain is only valid when hosted by TeknonMedia. In the event of a hosting account cancellation, any domains registered under OPTION#1 will remain under the ownership of TeknonMedia and will not be made available for public use until expiration of said domain. When this option is selected during the hosting plan purchase transaction, a fee of $15.00 is added to the purchase for annual registration fee. It is a recurring fee due and payable every 12 months or until the hosting plan is cancelled.
OPTION #2: Customers may register and use any domain that is legally secured at any 3rd party (non-Teknon) registrar of choice or at TeknonDomains. When the customer registers their domain on their own at TeknonDomains, they retain full ownership of said domain and may transfer ot to another registrar and/or update the DNS record to point said domain at any web server/host of choice.
Cancellation of Program
All users, participants, hosting clients, affiliates, subscribers and customers
of Teknon Media agree that The Company may cancel this service
and /or affiliate program, or limit the number of users, participants, hosting
clients, affiliates, subscribers and customers.
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