Revised 06/01/06

KMJ Web Design provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on KMJ Web Design's servers.

Content:
All services provided by KMJ Web Design may 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 or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless KMJ Web Design from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all KMJ Web Design's servers. This includes sites that may infer sexual content, or links to adult content elsewhere. KMJ Web Design will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to KMJ Web Design's servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

- Pirated software
- Hacker programs or archives
- Sites that promote the use of unsolicited email (Spam)
- Warez sites
- Sites that promote hate, or are prodigious to others.
- Any Site that consumes more than 5% of system resources

Following are a list of sites that will often require more than 5% of our systems resources: Domains with busy forums, banner member scripts, large mailing lists, archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.

We are not saying that your web site can not contain such activities/content, however if at any time they consume 5% or more of our systems resources you will be contacted to resolve the problem.

KMJ Web Design will be the sole arbiter as to what constitutes a violation of this provision.

Traffic, Disk Usage and Statistics
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $6.99 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same.

All Retail plans include a set amount of disk space of which 75MB of space is allocated toward stats and logs.

Log files are rotated monthly on our UNIX Retail plans. The previous months logs are archived on the server. Log files are deleted monthly on our Windows 2000 Plans. Web Site statistics are offered "as is" and if activated by the customer should be automatically generated on UNIX accounts. Windows 2000 customers have to request statistics on a per site basis and manually update statistics. If statistics are not generated before log files are deleted statistics will not be available for that time period.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a KMJ Web Design server or using an email address or domain that is maintained on an KMJ Web Design machine as reference is STRICTLY prohibited. This includes sending mass mailings to email addresses that did not "Opt In*" from a domain that is maintained on a KMJ Web Design machine. KMJ Web Design will be the sole arbiter as to what constitutes a violation of this provision.

* Any user that joins a list must be sent an email to the address they signed up asking for them to verify they joined the list. That user will not be added to the list until they perform some sort of authentication such as replying to the message or clicking on a link.

Chat Rooms
KMJ Web Design will not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs
KMJ Web Design may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
KMJ Web Design currently does not allow IRC or IRC bots to be operated on our servers.

Offering Free Services
KMJ Web Design will not allow clients to run free services on shared accounts. This includes but is not limited to free email, free home pages and free hosting.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer of KMJ Web Design is strictly prohibited.

Refusal of Service:
KMJ Web Design reserves the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks, distributive hosting sites and dedicated servers of KMJ Web Design must adhere to the above policies.

BILLING:

Recurring Billing:
All credit cards are billed automatically through Paypal. The billing cycle will be in 12 month increments from the date you sign up for hosting services. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we may send an email notification at which point we will need to be provided with another credit card within 15 days. If we do not receive a response within 15 days the account will be deactivated as well as any accounts under that account plan.

Account Deactivations:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $50.00 to be paid prior to reactivating the account.

Upgrades and Downgrades:
Our standard setup fees apply for all upgrades and downgrades. Any sites that downgrade will receive a credit of the difference in the monthly cost between their old plan and new plan for any pre-paid full months of hosting service.

30 Day Money Back Guarantee/Refunds:
Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, KMJ Web Design will refund your hosting fee.

Cancellation Refunds:
KMJ Web Design DOES NOT refund partial monthly fees to accounts canceling after their 30-day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded. All cancellation requests must be received at least 15 days prior to the billing due date. Cancelled accounts that are paid yearly are subject to a $30 cancellation fee. All accounts that include a shopping cart and are cancelled within 90 days of the order will require an additional $100 cancellation fee.

**Please note: Domain Name Registration fees WILL NOT be refunded.**

REFUSAL OF SERVICE:
KMJ Web Design reserves the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY:
KMJ Web Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from KMJ Web Design's servers going off-line or being unavailable for any reason whatsoever. Furthermore, KMJ Web Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of KMJ Web Design's servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to: support@kmjwebdesign.com

All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

DISCLAIMER:
KMJ Web Design cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site were functioning. KMJ Web Design does regular backups as an extra service for its clients but in no way guarantees these backups. Clients should at all times keep a backup copy of their data stored outside our Network. Certain services provided by KMJ Web Design are resold. Thus, certain equipment, routing, software, and programming used by KMJ Web Design are not directly owned or written by KMJ Web Design. Moreover, KMJ Web Design holds no responsibility for the use of our clients' accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account or files without advanced notice for any reason without restitution as KMJ Web Design sees fit.

ACCOUNT ACTIVATION:
By activating your account with KMJ Web Design, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE:
If you sign up for an account and do not follow our terms No refunds will be given.

FURTHERMORE, KMJ Web Design Network retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.

**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $50.00 Cancellation fee will apply. ** Also the proper (and your local) authorities will be notified of your actions.