Policies


Aktiom Clients


Terms of Service

The following Services Agreement ("the Agreement") contains the terms and conditions which govern client services provided by Aktiom Networks LLC ("services"). In this Agreement, "Aktiom Networks" means Aktiom Networks LLC, and "client" or "Client" means you. "Linux virtual private server" or "server" means the service Aktiom Networks provides to client using Virtual Private Server technology. This Agreement shall be construed in accordance with the laws of the State of Colorado.

Nature of Service
Aktiom Networks provides services that give the functionality of a Linux virtual private server made available over the Internet. Client understands that Aktiom Networks services are implemented using specialized software, and that multiple Linux virtual private servers are run on a single physical machine.

Client Content
Client agrees not to transmit or display materials:

Bandwidth
Client server includes a base amount of bandwidth per month agreed upon at sign up. After this base amount has been used, the client server will be throttled back to the transfer rate of eight (8) kilobytes per second, with no extra charge for further data transfer. Client may purchase more data transfer at the regular transfer rate in increments of one (1) gigabyte at the price outlined in the service plan.

Technical and Customer Support
Technical and customer support is only provided via email and other online means and is not provided via phone or traditional mail. Technical support will only be provided to paying clients with accounts in good standing.

Licensed Software Only
Client agrees to use only properly licensed third party software in connection with client's use of the services.

Server Backups
Every twenty-four (24) hours a snapshot of the client's server will be made. When the new snapshot is made, the previous client server snapshot is overwritten and destroyed. This service is provided only as a convenience to Aktiom Networks' clients, and is not meant to be used for backup of critical client data. Aktiom Networks does not guarantee the integrity of client server snapshots.

Scheduled Downtime
Client acknowledges that Aktiom Networks reserves the right to schedule downtime for maintenance, during which client's server may be unavailable to the Internet and/or restarted. Generally, client will be given at least three (3) days prior notice to scheduled downtime via e-mail. On very rare occasions, such as an emergency issue, prior notice may be less than three (3) days. Client will always be notified via e-mail before planned downtime occurs.

Pricing
Aktiom Networks reserves the right to adjust the pricing of client services. Client will be given sixty (60) days notice before such changes go into effect.

Payment
By the tenth (10th) of each month, Aktiom Networks will (i) debit client's credit card for client's server(s) and any extra fees such as extra bandwidth and disk space, and (ii) deliver an invoice to the client e-mail in Aktiom Networks' records. If Aktiom Networks is unable to debit client's credit card due to circumstances such as the card being cancelled or surpassing the credit limit, client must arrange payment to Aktiom Networks no later than ten (10) days after the specified due date. If, after the ten (10) day grace period, client has still not remitted payment, Aktiom Networks will suspend client services. If client cancels service, client will be responsible for payment of any outstanding fees owed to Aktiom Networks. For the first month of service, server fees will be pro-rated according to the days left in that month's service. The last month of service will not be pro-rated, including if client cancels service before the end of the respective month's billing cycle.

Taxes
Client will be responsible and will pay in full, any taxes now in force or enacted in the future imposed on the transaction and/or the delivery of the services.

Client Liability and Indemnification
The client agrees that in no event shall Aktiom Networks be liable to any third party for client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Aktiom Networks for any and all expenses, losses, liabilities, damages or third party claims resulting from client's breach or alleged breach of client obligations set forth hereunder.

Termination
Aktiom Networks reserves the right to refuse service to anyone. Aktiom Networks, in its sole discretion, may immediately terminate this Agreement if client engages in any of the foregoing. This Agreement shall be effective on the date client registers for services, and will continue on a month-to-month basis. Either party has the right to terminate this Agreement upon notice to the other party. If client is terminating this Agreement, client must e-mail a cancellation request to billing@aktiom.net by the twenty-fifth (25th) of the respective month of cancellation. If client cancels service, Aktiom Networks will disable the service the day the client specifies the service is cancelled. Aktiom Networks will not maintain an archival copy of client files and data. Client is responsible for moving any data off the server prior to cancellation notice. If Aktiom Networks suspends client services due to non-payment, client shall be allowed to reinstate use of such services within five (5) business days of suspension upon approval from Aktiom Networks and full payment of balances due.

Disclaimer of Warranty
THE SERVICES, THE AKTIOM NETWORKS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE AKTIOM NETWORKS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. AKTIOM NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AKTIOM NETWORKS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability
IN NO EVENT SHALL AKTIOM NETWORKS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE AKTIOM NETWORKS SITE OR ANY AKTIOM NETWORKS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL AKTIOM NETWORKS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

Miscellaneous
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.