IMPORTANT: READ THESE TERMS CAREFULLY! THEY CONTAIN MATTERS WHICH MAY HAVE IMPORTANT LEGAL CONSEQUENCES TO YOU AND TO THE USE OF SERVICES! YOU SHOULD REVIEW THIS POLICY OFTEN, FOR THEY ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE!

These terms shall apply to access and services provided to the accessing customer ("Customer") or to the cardholder (if Customer is a minor) by KIRE, L.L.C. ("Provider"). Acceptance of services by any Customer shall constitute acceptance of these terms and agreement to be bound hereby.

BILLING

  • Credit Card Billing

When paying by Credit Card, you are billed accordingly depending on your billing cycle. All credit card charges may be billed up to 3 days before your renewal date for your next month's charges. KIRE bills on an automatic subscription reoccurring basis -- this means, we bill your credit card every month unless you ask us to terminate service 24 hours prior to your renewal date. Exceptions to this billing method will not be made. Upon termination of service, you are removed from our billing cycle and your account will expire when your next payment is due.

  • Cash, Check or Money Order

When paying by Cash, Check or Money order, your payment cycle begins on the day we receive your first payment via the U.S. Mail (the same time your account is activated). You will then be sent an e-mail invoice one week before the time payment for your account is due. Payment must be received on or before your due date. If we do not receive payment, your account is placed on 'hold' for up to one week to allow sufficient time for you to send the payment. If after this time we do not hear from you, your account and all its contents will be deleted for nonpayment.

 

TERMINATION OF SERVICE and REFUND POLICY

Customer reserves the right to cancel service with Provider at any time during a billing term. Provider's refund policy does not allow any refunds of unused service unless request is sent within twenty four (24) hours of the transaction. After this period, all cancellations must occur at the end of the respective paid billing cycle.

Provider reserves the right to terminate all services to any customer with an account should any such account become delinquent and are not paid by the billing due date.

Customer understands that Provider reserves the right to terminate any account for any reason or for no reason and at any time. Abusive actions from the Customer will result in immediate termination without warning. Customer understands and agrees that no prepaid charges are refundable in the event of such termination.

Customer understands that upon termination of IRC hosting or shell account hosting service, provider reserves complete rights and ownership to a domain name that was registered by Provider at time of initial setup until full contract with the Domain's Registrar is completed (2 years). An early-termination fee of $75.00 USD will be applied for any domain names which Provider must transfer to Customer in the event of service cancellation or policy violation.

Provider is in no manner responsible for the content or effect of any matter or information transmitted or accessed through the services, nor shall Provider bear any responsibility for the accuracy, completeness, legality or effect of any such matter or information or the result of its access or use.

After service termination, no data from your account can be retrieved.



PASSWORD

The Customer will be provided with or will select an identification code (username) and confidential password for Customer's exclusive use. The Customer account is intended to be a single-user account.

The Customer understands that Provider is not liable if Customer's username and/or password is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, letters, and (optionally) certain special characters. Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account. Under no circumstances is Provider liable for the actions taken by a compromised account.

The Customer understands that Provider does not maintain a record of existing passwords. If the Customer forgets his/her password, the only recourse will be for Provider to issue a new password upon verification of the Customer's identity.

This verification process may include confirmation of the last 4-digits of the credit card used to order service, check number of your last payment, or having the newly generated password emailed to the address we have on record for your account. If you need your password changed, please contact KIREnet Sales at 1-877-KIRENET or email
sales@kirenet.com.



USING ACCOUNT FOR ILLEGAL PURPOSES

Provider services and accounts may only be used for lawful purposes. Use of a Provider account or service in an illegal manner is grounds for immediate termination. Customer agrees to hold harmless and indemnify Provider against any claims or charges that arise from Customer's use of Provider services and/or accounts.

Use of a Provider account to gain passwords, encryption codes, or other security information of Provider or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities. Use of a Provider account to break into a Provider or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.



ELECTRONIC MAIL

While Provider does not in any way monitor the content of any Customer's e-mail, postings, downloads, etc., the Customer acknowledges that Provider has the right to monitor user activity if said activity is adversely impacting Provider services and/or another site. Provider will not, however, intentionally disclose user activity to another site or entity unless required by court order, subpoena, or other legal force.

Provider reserves the right to move, delete, or reduce the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance. Further, Customer acknowledges that Provider has the right to kill any mail processes being run by the Customer that are adversely affecting system performance. In these and all instances of system performance being affected, Provider is the sole judge of what is adverse.



SHELL ACCOUNTS

Customer agrees not to store, send, or download any illegal files, documents, or applications from Provider. Customer also agrees not to have any bots or irc clients participating or aiding in the transferring of said files. This includes, but is not limited to, commercial software (‘warez’), licensed music files (‘mp3’), copyrighted movies (‘vcds’), or pornography (‘porn’). Failure to comply with these terms may result in legal consequences, account termination/suspension, or deletion of the files and/or your account.

Launching IRC bots (if applicable) on an IRC channel that is takenover, or channel without any ops with the intent to prevent ownership or hold illegal ownership of a channel that was takenover is grounds for account termination. Using your account to provoke an attack, or to participate in the unwanted ownership change in a channel is also strictly prohibited. You are responsible for your bots, by linking to a botnet, you are taking full responsibility for the other botnet owners' actions.

Putting IRC bots (if applicable) on an IRC server that does NOT allow them or running more than the specified amount per IRC network is grounds for account deletion or account contents deletion. You are required to follow and adhere to the IRC server's rules. Connection laws and limits are governed soley by the IRC server or network, and should always supercede Provider's recommended connection limits.

Running unapproved background/foreground processes which hog cpu/bandwidth such as, but not limited to, "Game" Servers or other Streaming Media, IRCDs on non-IRCD accounts, IRCD Services or XDCC bots. If you are unsure whether a process is approved for use on your shell account, contact us.

Attempting to access the accounts of others, probing for security holes, or attempting to penetrate security measures of Provider's or other entities' systems ("hacking"), whether or not the attempt results in an intrusion, corruption, or loss of data is grounds for legal action and immediate account termination. Certain "tools" used for malicious purposes include:

  • Probing or Scanning tools, such as "nmap", "strobe".
  • Exploits or Malicious Code (remotely or locally).
  • or Denial of Service, such as "smurf", "fraggle", "udpflood" are also prohibited. Storing or executing these types of files on your account is grounds for termination.



    USE OF IRC SERVERS & CONNECTION LIMITS

    Each individual shell account is not permitted to make more than two (2) connections to any "IRC server". IRC community networks such as Undernet have strict network-wide cloning/maximum connection limits. In this instance, you cannot make more than two connections to the entire IRC network from the same shell account. Additionally, not more than two (2) connections can be made to any single "bnc" process running on KIRE servers. BNCs and eggdrops which spawn more than 2 connections to the same server or network are subject to suspension and grounds for account termination after investigation. Access to all third party IRC servers, networks, or communities are not guaranteed and is not considered part of Provider's service agreement.

    BitchX sessions and IRC sessions run on the shell account by default will put your Real Name into the Real Name/IRCname field. This information will show up in a /whois. If you do not wish for this information to be shown when you log on IRC via the shell, it is for your own privacy that we suggest you change it by typing "ircname" at the shell prompt.

     

    SECURITY

    Information transmitted over the Internet and/or other computer networks is generally not considered to be secure. While Provider respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet. Provider cannot be liable or responsible for any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at Provider or on any network. The Customer also acknolwedges that although network and server backups are performed regularly as a courtesy, Provider cannot be liable or responsible for any loss of data, or for any security holes in Customer applications.



    SERVICE QUALITY

    Provider makes no warranty of its service and availability, and Customer understands and agrees that Provider's services may be terminated or discontinued at any time and without notice with no liability on the part of Provider and no responsibility for refunding any prepaid charges. While a good faith effort will be made to restrict any and all downtime to scheduled maintenance periods, no guarantees or representations are made as to any account, data, or service offered or stored by Provider. In addition, Provider makes no warranty of Customer transmissions, connections, downloads, etc. Further, Provider is not responsible for, nor guarantees access to any third-party network, service, or website which the Provider does not own or administer. Provider may remove certain services or features should they been deemed harmful to Provider's systems and/or network. Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by Provider or a Customer, and agrees that Provider shall not be liable for any or all of same, even if caused by Provider's own negligence.

    The Customer agrees to indemnify and hold Provider wholly harmless from and against any and all liabilities that may arise as a result of the failure of services, equipment or software of Provider, with the exception of willful misconduct or omissions of Provider.



    MISCELLANEOUS

    Provider reserves the right to change this agreement at any time without notice. Changes will be posted to this website, and Customer is responsible for reviewing these provisions often. By using any Provider services, the Customer agrees that he or she has read and understands these terms and conditions and agrees to be bound by them.

    By making use of an Provider account or service, the Customer certifies to Provider that he or she is eighteen (18) years of age or older. If the Customer allows an individual under eighteen years of age to access the Internet from Customer's Provider account, Customer takes full responsibility for the minor's access to any information that might be viewed as unsuitable. Customer agrees to hold harmless and indemnify Provider for any claims or charges that arise from said minor's use of service.

    Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature. Customer accesses such information at his or her own risk, and understands that Provider has no way to limit access to this type of material located on the servers of other providers. Customer understands that Provider reserves the right to remove from its servers any material that Provider management deems to be objectionable in Provider's sole discretion. Customer will be notified by e-mail at the time the material is removed. Portrayal of objectionable material on Provider servers will be grounds for termination of the user account.

    The Customer agrees to take responsibility for any accesses, retrieval, and/or storage of any and all information available to Customer from his/her Provider account. The Customer indemnifies Provider against any and all claims or charges relating to the information Customer can or does access while using his/her Provider account.

    Personal home page areas may not be used for commercial or organizational purposes unless Provider gives prior authorization. Commercial and Organizational purposes are defined as being any type of advertising for profit. Non-profit organizations such as public schools, churches, etc. are not included in this definition.

    Customer shall not intentionally allow unauthorized connections to Provider, or unauthorized reselling of Provider services, nor shall Customer in any way duplicate any Provider materials, advertising, brochures, pamphlets and the like or any other information which is proprietary to Provider.

    Provider reserves the right to direct a customer to remove any program, process, or technique from an account that causes excessive utilization of Provider bandwidth or resources, or which Provider deems offensive for any reason in Provider's sole discretion.

    Should any violations within these Terms of Service require corrective action on the part of Provider, the Customer will be held liable for all costs associated with such action.

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