Terms of Service (TOS)

Ikoro Digital Inc. ("Ikoro") agrees to furnish services to the Subscriber, subject to the following Terms of Service ("TOS").

Use of Ikoro services and resources constitutes acceptance and agreement to Ikoro's Terms Of Service & Acceptable Use Policy ("AUP").

All provisions of contracts with Ikoro are subject to the Terms Of Service and Acceptable Use Policy. The Acceptable Use Policy may be changed from time to time at the sole discretion of Ikoro. Members understand that changes in the Acceptable Use Policy are not grounds for non-payment or early contract termination.

Disclosure

The subscriber gives Ikoro Digital consent to disclose any and all information relating to the subscriber to any law enforcement agent who makes a written request without further consent, or notification to the subscriber. In this event, Ikoro reserves the right to terminate all services to this account without refund.

Service Rates

The subscriber acknowledges that the nature of services, and initial rates and charges have been communicated, or made available to the subscriber. The subscriber is aware that Ikoro may from time to time change the specified rates and charges. All offers are contingent on Ikoro meeting its cost of service goals, which may include, but is not limited to rates charged to the company by the suppliers it uses.

Payment

Establishment of services is dependent upon receipt by Ikoro of stated charges. Subsequent payments are due on the anniversary date of the month, for the term of service, whether monthly, quarterly, semi-annually, or yearly. Prices established in this agreement are exclusive of taxes and other fees which may be imposed on Ikoro or the Subscriber for the provision or use of the Services. The Subscriber will pay such taxes and other fees, except for Ikoro's income taxes. Tax exempt status will be granted to The Subscriber upon presentation of satisfactory certificate of exemption.

Payments and Fees

Services may be interrupted on any accounts which reach 14 days past due. Accounts interrupted as a result of non-payment will be subjected to a $100.00 reconnection fee. Any additional service fees, including technical support, bandwidth overage charges, and other additional fines, or fees will be charged at the end of the month, or at Ikoro's discretion. Accounts which can not be collected by Ikoro may be turned over to an outside collection agency, and the subscriber agrees to pay a $100.00 Collection Fee.

Refunds and Disputes

All payments to Ikoro are non-refundable unless stated otherwise by Ikoro at the time of the dispute. All disputes of charges must be reported within 45 days of the time the dispute occurred. If the subscriber disputes a charge to their credit card which is at Ikoro's sole discretion a valid charge under the provisions of the Acceptable Use Policy and/or Terms Of Service, the subscriber agrees to pay Ikoro a $100.00 reversal fee.

Failure to Pay

Ikoro reserves the right to deny service, or terminate accounts upon the failure of the subscriber to pay charges when due. Termination or denial as a result of failure to pay will not relieve the subscriber from the payment of all accrued charges for services provided, plus reasonable interest and all collection fees. Should the subscriber fail to make satisfactory arrangements for payment with Ikoro or its authorized agents within 60 days of default, the satisfaction of such arrangements to be determined at Ikoro's sole and absolute discretion, Ikoro will terminate all services to the subscriber.

Account Cancellation

All requests concerning account cancellations must be sent to Ikoro with at least 15 days notice, but not more then 45 days notice. All account cancellations must be confirmed with Ikoro.

Availability of Services

The subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of Ikoro. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, the subscriber agrees that Ikoro shall not be liable for damages arising from causes beyond the direct and exclusive control of Ikoro. The subscriber also acknowledges that Ikoro's liability for its own negligence may not in any event exceed the amount in equivalent charges payable by the subscriber for services during the period which damages occurred. In no event whatsoever shall Ikoro be responsible or liable for any special or consequential damages, loss, or injury.

Domain Related

All accounts involving the registration, or transfer of an existing domain name will be set up and entered into Ikoro's DNS servers with 7 business days. Due to complications in domain transfer, some accounts involving the transfer of domains may take up to 60 days to process. If as a result of complications transfer of domain should take more than 7 days, and the subscriber cancels service before 60 days have occured all charges will be considered valid and earned.

Support Boundaries

Ikoro reserves the right to limit its technical support to its area of service provision. Ikoro provides support under internet service agreements for issues which directly relate to servers, or virtual accounts functioning. Support issues relating to programming, development, or software related problems will be billed to the subscriber at an additional rate.

SPAM

The subscriber acknowledges that Ikoro defines "SPAM" e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account.

Internet Protocol (IP) Address Ownership

All Internet Protocol (IP) addresses which are assigned to subscribers belong only to Ikoro or its upstream providers. Subscribers shall have no right to use Internet Protocol (IP) addresses except as permitted and assigned by Ikoro in its sole discretion. Ikoro and its upstream providers shall maintain control and ownership of all Internet Protocol (IP) addresses which it assigns, and reserves the right to modify, or remove any and all Internet Protocol (IP) addresses it assigns.

Interruption

Subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of Ikoro. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, Subscriber agrees that Ikoro shall not be liable for damages arising from causes beyond the direct and exclusive control of Ikoro. Subscriber also acknowledges that Ikoro's liability for its own negligence may not in any event exceed the amount in equivalent charges payable by Subscriber for services during the period which damages occurred. In no event whatsoever shall Ikoro be responsible or liable for any special or consequential damages, loss, or injury.

99.9% Network Uptime Guarantee

In the event that network connectivity for the Services is unavailable for more than 0.1% of time in any calendar month, one full day's service credit will be awarded for each hour of downtime beyond the 0.1% threshold. The maximum credit awarded in any calendar month will not exceed 50% of that month's service fees. All claims for credit under this guarantee must be received by Ikoro no later than 7 days after the incident to which they relate. Subscriber must be current on all invoices in order to receive credit.

Bandwidth/Disk

The subscriber agrees that should they exceed allocated disk space or bandwidth, they shall pay Ikoro the respective "overage" charges which have been communicated, and/or made available to the subscriber. Ikoro reserves the right to deny additional disk space, or bandwidth usage which it deems to be unreasonable and the subscriber is aware that corrective action may be taken as a result, which may include discontinuance of any/all services, or termination of any/all services. The subscriber is aware that any corrective action taken as a result of the subscriber exceeding their allocated resources shall not entitle the subscriber to a refund of any fees paid in advance prior to such corrective action.

Offensive Materials

Ikoro reserves the right to remove any and all materials which are deemed to be offensive by Ikoro. The subscriber is aware that Ikoro may delete, disconnect, or terminate any services, resources, or accounts on which the offensive materials are located, or connected to. The subscriber is aware that should Ikoro choose to take any action relating to materials or content which Ikoro deems as offensive shall not entitle the subscriber to a refund of any form.

Violation of Terms Of Service/Acceptable Use Policy

Ikoro is under no obligation to monitor its subscribers activities to determine whether violations of their Acceptable Use Policy have occurred. Ikoro assumes no responsibility though its Acceptable Use Policy to monitor or 'police' Internet-related activities. The subscriber is aware that Ikoro shall deal with each violation of the Acceptable Use Policy and/or all other issues on a case-by-case basis, and is aware that Ikoro is under no obligation to provide "warnings" under any circumstances. Ikoro may choose to "warn" subscribers if Ikoro feels that the subscriber may be breaking the Acceptable Use Policy.

Appearance and Network Protection

Ikoro reserves the right to protect its network, resources, and services from influences which threaten to disrupt, or degrade Ikoro's network, resources, or services. The subscriber is aware that Ikoro may firewall, drop, or disable Internet Protocol (IP) addresses which may cause harm to Ikoro's resources, services, or appearance. This may include, but is not limited to: subscribers who project a negative appearance of themselves or of Ikoro, subscribers who attract, have attracted, or may attract Denial of Service (DoS) attacks, subscribers who are suspected of using Ikoro's services to SPAM, or Subscribers who are running insecure, or inappropriate services such as open proxies/relays.

Service Cancellation/Suspension

Ikoro reserves the right to cancel or suspend any subscribers service which Ikoro feels may be the target, or source of any violations of the Acceptable Use Policy, or for any other reasons Ikoro chooses. If inappropriate activity is suspected, all accounts relating to the subscriber in question may be disabled for the duration of Ikoro's investigation. Ikoro will is under no obligation to refund, or credit the subscribers account(s) for such service interruptions.

Indemnification

The subscriber indemnifies Ikoro for any violation of the Acceptable Use Policy and Terms Of Service that results in loss to Ikoro, or the bringing of any claim against Ikoro by any third-party. If any damages are awarded against Ikoro as a result of the subscribers negligence, or a user on their systems, the subscriber agrees to pay any and all damages awarded against Ikoro, and all attorneys fees.

Waiver

The subscriber understands that should Ikoro choose to give the subscriber a waiver for any breach of the Acceptable Use Policy, it shall not be used, or be constructed to be a waiver for continuing or subsequent breaches of the Acceptable Use Policy, or as a waiver for any other breaches of the Acceptable Use Policy.

Transfer of Ownership

The subscriber shall not transfer, or assign this agreement without the prior written consent of Ikoro. Ikoro reserves the right to cancel Subscribers rights under this contract at anytime without further obligation.

Damages

Ikoro is not responsible for any damages which may damage the subscribers business. Ikoro does not make any written or implied warranties for any services it may offer. Ikoro denies any warranty or merchantability for any specific purpose. This may include, but is not limited to loss of data resulting in delays, incorrect deliveries, non-deliveries, any and all service interruptions caused by Ikoro.

Content

The subscriber acknowledges that they are solely responsible for the content stored on, or transferred through Ikoro's services and/or resources.

Personal Information

The subscriber grants Ikoro consent to collect, and/or store personal information relating to the subscriber. This may include, but is not limited to credit history, credit card information, and information relating to the subscribers online activities. The subscriber is aware that Ikoro may choose to store specific billing information relating to the subscriber such as, but not limited to credit card numbers, and additional information for the convenience of automatic billing. The subscriber consents Ikoro to automatically bill the subscriber for all recurring services, and/or additional charges, expenses, or penalties.

Copyright © 2004-2014 Ikoro Digital Inc
Updated 2014.04.11 10:16 EST