Tech Kingdom – Adulterine Brigade 

          Terms Of Service 

 

 

Applicability: The following terms of service apply to Tech Kingdom: Adulterine Brigade services 

Acceptance: These Terms of Service are an agreement between Tech Kingdom and you (“TK User” “you” or “your”). This Agreement sets forth the general terms and conditions of your purchase and use of the products and services provided by Tech Kingdom and of the Tech Kingdom website (collectively, the “Services”). By purchasing and/or using the Services, you agree to be bound by this Agreement. 

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products 

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract. 

Unused time is forfeited and does not carry over to the next month. 

 

Account Eligibility, Ownership and Services Purchased 

The Services are intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you consent to and agree that you are eighteen (18) years of age or older. 

The individual signed in our records as the primary billing contact is considered the owner of the account. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services. 

You agree to (1) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (2) maintain the confidentiality of your password and other information related to the security of your account; (3) maintain and promptly update the Registration Data and any other information you provide to Tech Kingdom, to keep such information accurate, current and complete; and (4) be fully responsible for all use of your account and for any actions that take place through your account. 

You acknowledge and accept that despite the security measures Tech Kingdom takes in connection with the Services, Tech Kingdom’s system and/or your websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Tech Kingdom may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Tech Kingdom shall have no liability to you for any damage or loss that you may incur due to such corrective action. 

The Services offered by Tech Kingdom are hosted on servers located in the United States (U.S.) unless otherwise expressly provided. By using the Services, you accept and agree to give Tech Kingdom your consent to export your information and data to the U.S. regardless of where your Services or domains are hosted. You understand that data stored in the U.S. may be subject to lawful requests by the courts or law enforcement authorities in the U.S. 

Any features and details of the Services may be described on the web pages setting out the particular Services you have purchased. Tech Kingdom may modify, change or discontinue any aspect of the Services at any time. 

Certain Services are provided by third parties and may be subject to such third parties’ terms and conditions. 

 

 

 

Usage of Tech Kingdom Services 

Content: All services may be used for lawful purposes only. Transmission, 

storage, or presentation of any information, data or material in violation of any 

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any 

claims resulting from the use of the service which damages the TK User or 

any other party. 

We will be the sole arbiter as to what constitutes a violation of this provision.  

 

 

 

Zero Tolerance Spam Policy  

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any TK User who sends out spam will have their account terminated without notice. Tech Kingdom reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Tech Kingdom also reserves the right to make any such modifications in an emergency at our sole discretion. Tech Kingdom reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Tech Kingdom. All rights reserved.  

 

Resource Usage  

You are required to utilize server resources in a responsible manner. Server CPU, Memory and Disk space are resources shared by all Tech Kingdom customers. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other TK Users. 

Tech Kingdom reserves the right to suspend or terminate Services on any account that, in its sole discretion, is abusing server resources or is in violation of Tech Kingdom’s Acceptable Use Policy. Such suspension or termination can occur at any time without prior notice. 

Shared & Reseller hosting space may only be used for web files, active email and Customer Content (as defined below). Shared & Reseller hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email, or FTP hosts. Tech Kingdom expressly reserves the right to review every shared account for excessive usage that may be caused by a violation of this Agreement. 

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited. 

Bandwidth Usage:  You are allocated a monthly bandwidth allowance. This 

allowance varies depending on the hosting package you purchase. Should 

your account pass the allocated amount we reserve the right to suspend the 

account until the start of the next allocation, suspend the account until more 

bandwidth is purchased at an additional fee, suspend the account until you 

upgrade to a higher level of package, terminate the account and/or charge you 

an additional fee for the overages. Unused transfer in one month cannot be 

carried over to the next month. 

Backups and Data Loss: Your use of the service is at your sole risk.  

Tech Kingdom is not responsible for files and data residing on your account.  

You agree to take full responsibility for files and data transferred and to maintain  

all appropriate backup of files and data stored on Tech Kingdom servers. 

Payment 

IP Address Allocation 

Any dedicated IP order, in addition to what is provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with the policies of American Registry for Internet Numbers (“ARIN”) or other applicable registry. Tech Kingdom reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization. 

 

Support Services 

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.  

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore. 

 

 

Payment Information  

You agree to supply appropriate payment for the 

services received from Tech Kingdom, in advance of the time period during 

which such services are provided. You agree that until and unless you notify 

Tech Kingdom of your desire to cancel any or all services received, those 

services will be billed on a recurring basis. Tech Kingdom reserves the right 

to change the monthly payment amount and any other charges at any time. 

 

Tech Kingdom is only able to automatically collect payment from TK Users with credit cards stored on file or active PayPal agreements. All other payment methods (e.g. one- time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date. 

As a TK User of Tech Kingdom, it is your responsibility to ensure that all billing information on file with Tech Kingdom is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Tech Kingdom screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. Tech Kingdom has no liability for not providing Services, including third party services, if your account fails the fraud screen. 

 

Chargebacks, Reversals, and Retrievals 

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored. 

 

Refusal of Service 

We reserve the right to refuse or cancel service at our sole discretion. All 

clients are expected to pay their invoices promptly. Accounts that are past due 

for 7 days may be subject to temporary deactivation.  

Accounts past due for 15 days  will accrue a 10% late fee 

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged 

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or 

cancelled checks/credit cards will result in immediate account deactivation (not 

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts 

shall be subject to all applicable reactivation fees as well as normal fees 

associated with opening an initial account. All delinquent accounts will be 

submitted to a collection agency for resolution. 

 

Prohibited Persons (Countries, Regions, Entities, and Individuals) 

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. 

Disclaimers 

Backups and Data Loss: Your use of the service is at your sole risk. 

Tech Kingdom is not responsible for files and data residing on your account. 

You agree to take full responsibility for files and data transferred and to 

maintain all appropriate backup of files and data stored on Tech Kingdom 

servers. 

   Indemnification 

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.  

 

Confidentiality Statement  

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.  

 

    Promotional Usage 

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials. 

 

Disclaimer  

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.  

 

        Privacy Policy  

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued. 

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same. 

 

Arbitration 

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. 

 

Force Majeure 

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder. 

Waiver 

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties 

No Agency 

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. 

 

Survival 

All provisions that by their very nature are intended to survive the termination of this Agreement shall survive termination of this Agreement. 

Tech Kingdom’s Adulterine Brigade is not compliant with the requirements of the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Customers acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Tech Kingdom does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Agreement, and grounds for immediate account termination. Tech Kingdom does not sign “Business Associate Agreements” and you agree that Tech Kingdom is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact customer support. 

Payment Card Industry Security Standard Disclaimer. 

Tech Kingdom complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your website. Tech Kingdom will not monitor your website for compliance and therefore we are not able to verify whether your website complies with the PCI Standard 

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

 

 

ACCEPTABLE USE POLICY 

 

This Acceptable Use Policy (“AUP”) governs your use of the Services under Adulterine Brigade and is incorporated by reference into Tech Kingdom’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. Tech Kingdom may modify this AUP at any time without notice. 

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the United States, is prohibited. This includes, but is not limited to the use of the Services in connection with: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold Tech Kingdom harmless from any claims resulting from your use of the Services. 

Tech Kingdom reserves the right to terminate the Services for any Customer that exposes Tech Kingdom to legal liability or threatens its ability to provide services to other customers. 

1. Prohibited Uses

Tech Kingdom does not allow any of the following, without limitation, on Tech Kingdom’s servers: 

• Bitcoin Miners 

• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) 
• Child Pornography – Hosting, distributing, or linking to any material that exploits children 
• Intellectual Property Infringement – Hosting, distributing, or linking to infringing content 
• CPU/Memory/Resource Abuse – Consuming excessive amount of server resources causing server performance issues 
• DoS Source – Source of Denial of Service attack 

• DoS Target – Target of Denial of Service attack 
• File Scripts – File Dump/Mirror scripts (similar to rapidshare) 
• Forgery – Faking an IP Address, hostname, e-mail address, or header 
• Fraud Site – Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at http://aa419.org/ & http://escrow-fraud.com/ 
• HYIP – Hosting or linking to a high yield investment program website 

• Identity Theft – Hosting, distributing, or linking to stolen account identification information 
• Infection – Hosting, distributing, or linking to exploits, trojans, viruses, or worms 
• Investment Sites – Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites 
• IRC – Hosting Internet Relay Chat Server, including IRC Scripts/Bots 
• Mass Storage – Storing mass amounts of backups, archives, videos, etc. 

• PayDay Loan Sites – Hosting any site related to PayDay loans, PayDay loan affiliate programs, etc. 
• Peer-to-peer file sharing 
• Pharmacy Sites – Hosting sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription 
• Phishing – Committing identity theft by email under false pretense 
• Proxy Site – Hosting or linking to an anonymous proxy server 

• Push button mail scripts 
• Exceeding 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 
• Spam Email – Sending Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) 
• Spam List – Hosting, distributing, or linking to email address lists for spam 
• Spam Site – Hosting a site advertised by spam email or spam web 

• Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming 
• Spam Web – Unsolicited, bulk, or forged site advertisement in web logs, forums, guestbooks, or social media 
• Spamhaus – Spam causing blacklisting of an IP at spamhaus.org for malicious activity 
• Terrorist Site – Hosting or linking to a site advocating terrorism 
• Toolz – Hosting, distributing, or linking to tools or instructional material on hacking/cracking or other illegal activity 

• Topsites 
• URL shorteners  
• Warez – Hosting, distributing, or linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software 
• Any other material Tech Kingdom judges to be threatening or obscene 

In addition, hosting accounts may not be resold unless the account is a reseller account, VPS, or dedicated server. You may not resell individual services within any single account such as web space, emails accounts, add-on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above. 

2. Restrictions on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage: a) accounts must have functional websites, and not be used for storage of backups, files, audio, video, zip files or others, as determined by Tech Kingdom in its sole discretion; and b) accounts are not for use of mass distribution of files, such as torrents or mirrors, including magnet links for bittorrent. Any account found violating these conditions may be suspended or terminated without warning. 

3. Other Restrictions on Usage

Without limitation to the foregoing provisions, each customer’s usage shall not exceed: 

10% CPU Usage 

5% Memory Usage or 512 MB Memory 

50 Running Processes 

15 Minute Max Execution Time 

150,000 Total Inodes 

Hourly Outgoing Email Limits: 

500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 

For customers using Windows SmarterMail, there is a limit of 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 

For customers using hmail, there is a limit of 1000 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 

4. Multi-Location Hosting

Tech Kingdom does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. Tech Kingdom also reserves the right to deny the transfer of any account to a new location for any reason. 

5. Violations

If you feel you have discovered a violation of Tech Kingdom’s AUP, please report it to: Support@TechKingdom.net with the Subject: AUP Violation. 

 

                   Tech Kingdom – Asylum Brigade 

          Terms Of Service 

 

 

Applicability: The following terms of service apply to Tech Kingdom: Asylum Brigade services 

Acceptance: These Terms of Service are an agreement between Tech Kingdom and you (“TK User” “you” or “your”). This Agreement sets forth the general terms and conditions of your purchase and use of the products and services provided by Tech Kingdom and of the Tech Kingdom website (collectively, the “Services”). By purchasing and/or using the Services, you agree to be bound by this Agreement. 

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products 

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.  

Unused time is forfeited and does not carry over to the next month. 

 

Account Eligibility, Ownership and Services Purchased 

The Services are intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you consent to and agree that you are eighteen (18) years of age or older. 

The individual signed in our records as the primary billing contact is considered the owner of the account. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services. 

You agree to (1) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (2) maintain the confidentiality of your password and other information related to the security of your account; (3) maintain and promptly update the Registration Data and any other information you provide to Tech Kingdom, to keep such information accurate, current and complete; and (4) be fully responsible for all use of your account and for any actions that take place through your account. 

You acknowledge and accept that despite the security measures Tech Kingdom takes in connection with the Services, Tech Kingdom’s system and/or your websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Tech Kingdom may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Tech Kingdom shall have no liability to you for any damage or loss that you may incur due to such corrective action. 

The Services offered by Tech Kingdom are hosted on servers located in the United States (U.S.) unless otherwise expressly provided. By using the Services, you accept and agree to give Tech Kingdom your consent to export your information and data to the U.S. regardless of where your Services or domains are hosted. You understand that data stored in the U.S. may be subject to lawful requests by the courts or law enforcement authorities in the U.S. 

Any features and details of the Services may be described on the web pages setting out the particular Services you have purchased. Tech Kingdom may modify, change or discontinue any aspect of the Services at any time. 

Certain Services are provided by third parties and may be subject to such third parties’ terms and conditions. 

 

 

 

Usage of Tech Kingdom Services 

Content: All services may be used for lawful purposes only. Transmission, 

storage, or presentation of any information, data or material in violation of any 

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any 

claims resulting from the use of the service which damages the TK User or 

any other party. 

We will be the sole arbiter as to what constitutes a violation of this provision.  

 

 

 

Zero Tolerance Spam Policy  

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any TK User who sends out spam will have their account terminated without notice. Tech Kingdom reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Tech Kingdom also reserves the right to make any such modifications in an emergency at our sole discretion. Tech Kingdom reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Tech Kingdom. All rights reserved.  

 

Resource Usage  

You are required to utilize server resources in a responsible manner. Server CPU, Memory and Disk space are resources shared by all Tech Kingdom customers. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other TK Users. 

Tech Kingdom reserves the right to suspend or terminate Services on any account that, in its sole discretion, is abusing server resources or is in violation of Tech Kingdom’s Acceptable Use Policy. Such suspension or termination can occur at any time without prior notice. 

Shared & Reseller hosting space may only be used for web files, active email and Customer Content (as defined below). Shared & Reseller hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email, or FTP hosts. Tech Kingdom expressly reserves the right to review every shared account for excessive usage that may be caused by a violation of this Agreement. 

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited. 

Bandwidth Usage:  You are allocated a monthly bandwidth allowance. This 

allowance varies depending on the hosting package you purchase. Should 

your account pass the allocated amount we reserve the right to suspend the 

account until the start of the next allocation, suspend the account until more 

bandwidth is purchased at an additional fee, suspend the account until you 

upgrade to a higher level of package, terminate the account and/or charge you 

an additional fee for the overages. Unused transfer in one month cannot be 

carried over to the next month. 

Backups and Data Loss: Your use of the service is at your sole risk.  

Tech Kingdom is not responsible for files and data residing on your account.  

You agree to take full responsibility for files and data transferred and to maintain  

all appropriate backup of files and data stored on Tech Kingdom servers. 

Payment 

IP Address Allocation 

Any dedicated IP order, in addition to what is provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with the policies of American Registry for Internet Numbers (“ARIN”) or other applicable registry. Tech Kingdom reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization. 

 

Support Services 

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.  

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore. 

 

 

Payment Information  

You agree to supply appropriate payment for the 

services received from Tech Kingdom, in advance of the time period during 

which such services are provided. You agree that until and unless you notify 

Tech Kingdom of your desire to cancel any or all services received, those 

services will be billed on a recurring basis. Tech Kingdom reserves the right 

to change the monthly payment amount and any other charges at any time. 

 

Tech Kingdom is only able to automatically collect payment from TK Users with credit cards stored on file or active PayPal agreements. All other payment methods (e.g. one- time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date. 

As a TK User of Tech Kingdom, it is your responsibility to ensure that all billing information on file with Tech Kingdom is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Tech Kingdom screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. Tech Kingdom has no liability for not providing Services, including third party services, if your account fails the fraud screen. 

 

Chargebacks, Reversals, and Retrievals 

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored. 

 

Refusal of Service 

We reserve the right to refuse or cancel service at our sole discretion. All 

clients are expected to pay their invoices promptly. Accounts that are past due 

for 7 days may be subject to temporary deactivation.  

Accounts past due for 15 days  will accrue a 10% late fee 

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged 

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or 

cancelled checks/credit cards will result in immediate account deactivation (not 

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts 

shall be subject to all applicable reactivation fees as well as normal fees 

associated with opening an initial account. All delinquent accounts will be 

submitted to a collection agency for resolution. 

 

Prohibited Persons (Countries, Regions, Entities, and Individuals) 

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. 

Disclaimers 

Backups and Data Loss: Your use of the service is at your sole risk. 

Tech Kingdom is not responsible for files and data residing on your account. 

You agree to take full responsibility for files and data transferred and to 

maintain all appropriate backup of files and data stored on Tech Kingdom 

servers. 

   Indemnification 

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.  

 

Confidentiality Statement  

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.  

 

    Promotional Usage 

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials. 

 

Disclaimer  

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.  

 

        Privacy Policy  

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued. 

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same. 

 

Arbitration 

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. 

 

Force Majeure 

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder. 

Waiver 

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties 

No Agency 

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. 

 

Survival 

All provisions that by their very nature are intended to survive the termination of this Agreement shall survive termination of this Agreement. 

Tech Kingdom’s Asylum Brigade is not compliant with the requirements of the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Customers acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Tech Kingdom does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Agreement, and grounds for immediate account termination. Tech Kingdom does not sign “Business Associate Agreements” and you agree that Tech Kingdom is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact customer support. 

Payment Card Industry Security Standard Disclaimer. 

Tech Kingdom complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your website. Tech Kingdom will not monitor your website for compliance and therefore we are not able to verify whether your website complies with the PCI Standard 

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

 

 

ACCEPTABLE USE POLICY 

 

This Acceptable Use Policy (“AUP”) governs your use of the Services under Asylum Brigade and is incorporated by reference into Tech Kingdom’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. Tech Kingdom may modify this AUP at any time without notice. 

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the United States, is prohibited. This includes, but is not limited to the use of the Services in connection with: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold Tech Kingdom harmless from any claims resulting from your use of the Services. 

Tech Kingdom reserves the right to terminate the Services for any Customer that exposes Tech Kingdom to legal liability or threatens its ability to provide services to other customers. 

1. Prohibited Uses

Tech Kingdom does not allow any of the following, without limitation, on Tech Kingdom’s servers: 

• Bitcoin Miners 

• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) 
• Child Pornography – Hosting, distributing, or linking to any material that exploits children 
• Intellectual Property Infringement – Hosting, distributing, or linking to infringing content 
• CPU/Memory/Resource Abuse – Consuming excessive amount of server resources causing server performance issues 
• DoS Source – Source of Denial of Service attack 

• DoS Target – Target of Denial of Service attack 
• File Scripts – File Dump/Mirror scripts (similar to rapidshare) 
• Forgery – Faking an IP Address, hostname, e-mail address, or header 
• Fraud Site – Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at http://aa419.org/ & http://escrow-fraud.com/ 
• HYIP – Hosting or linking to a high yield investment program website 

• Identity Theft – Hosting, distributing, or linking to stolen account identification information 
• Infection – Hosting, distributing, or linking to exploits, trojans, viruses, or worms 
• Investment Sites – Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites 
• IRC – Hosting Internet Relay Chat Server, including IRC Scripts/Bots 
• Mass Storage – Storing mass amounts of backups, archives, videos, etc. 

• PayDay Loan Sites – Hosting any site related to PayDay loans, PayDay loan affiliate programs, etc. 
• Peer-to-peer file sharing 
• Pharmacy Sites – Hosting sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription 
• Phishing – Committing identity theft by email under false pretense 
• Proxy Site – Hosting or linking to an anonymous proxy server 

• Push button mail scripts 
• Exceeding 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 
• Spam Email – Sending Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) 
• Spam List – Hosting, distributing, or linking to email address lists for spam 
• Spam Site – Hosting a site advertised by spam email or spam web 

• Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming 
• Spam Web – Unsolicited, bulk, or forged site advertisement in web logs, forums, guestbooks, or social media 
• Spamhaus – Spam causing blacklisting of an IP at spamhaus.org for malicious activity 
• Terrorist Site – Hosting or linking to a site advocating terrorism 
• Toolz – Hosting, distributing, or linking to tools or instructional material on hacking/cracking or other illegal activity 

• Topsites 
• URL shorteners  
• Warez – Hosting, distributing, or linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software 
• Any other material Tech Kingdom judges to be threatening or obscene 

In addition, hosting accounts may not be resold unless the account is a reseller account, VPS, or dedicated server. You may not resell individual services within any single account such as web space, emails accounts, add-on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above. 

2. Restrictions on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage: a) accounts must have functional websites, and not be used for storage of backups, files, audio, video, zip files or others, as determined by Tech Kingdom in its sole discretion; and b) accounts are not for use of mass distribution of files, such as torrents or mirrors, including magnet links for bittorrent. Any account found violating these conditions may be suspended or terminated without warning. 

3. Other Restrictions on Usage

Without limitation to the foregoing provisions, each customer’s usage shall not exceed: 

10% CPU Usage 

5% Memory Usage or 512 MB Memory 

50 Running Processes 

15 Minute Max Execution Time 

150,000 Total Inodes 

Hourly Outgoing Email Limits: 

500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 

For customers using Windows SmarterMail, there is a limit of 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 

For customers using hmail, there is a limit of 1000 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered) 

4. Multi-Location Hosting

Tech Kingdom does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. Tech Kingdom also reserves the right to deny the transfer of any account to a new location for any reason. 

5. Violations

If you feel you have discovered a violation of Tech Kingdom’s AUP, please report it to: Support@TechKingdom.net with the Subject: AUP Violation. 

    Tech Kingdom – Barbican Brigade     

          Terms Of Service   

 

Applicability: The following terms of service apply to Tech Kingdom Barbican Brigade 

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service   

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products   

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.   

Unused time is forfeited and does not carry over to the next month.  

 

Usage of Tech Kingdom Services   

Content: All services may be used for lawful purposes only. Transmission,   

storage, or presentation of any information, data or material in violation of any   

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any   

claims resulting from the use of the service which damages the TK User or   

any other party.   

Note: Pornography and sex-related merchandising are prohibited on all   

servers. This includes sites that may infer sexual content, or link to adult   

content elsewhere. This is also true for 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.   

In addition any site selling or promoting Bulk email services is not allowed.   

Examples of non-acceptable content or links:   

– Pirated software   

– Hackers programs or archives   

– Warez Sites   

– Irc Bots   

– Mp3   

We will be the sole arbiter as to what constitutes a violation of this provision.    

 

Support Services  

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.   

 

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore.  

 

Mercenary Support Services may require 3 weeks for IT Mercenaries to be trained and remote support processes to be setup and configured. 

 

Payment Information    

You agree to supply appropriate payment for the   

services received from Tech Kingdom, in advance of the time period during   

which such services are provided. You agree that until and unless you notify   

Tech Kingdom of your desire to cancel any or all services received, those   

services will be billed on a recurring basis. Tech Kingdom reserves the right   

to change the monthly payment amount and any other charges at any time.   

 

Chargebacks, Reversals, and Retrievals   

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.   

 

Refusal of Service   

We reserve the right to refuse or cancel service at our sole discretion. All   

clients are expected to pay their invoices promptly. Accounts that are past due   

for 10 days may be subject to temporary deactivation.    

Accounts past due for 15 days  will accrue a 10% late fee   

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged   

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or   

cancelled checks/credit cards will result in immediate account deactivation (not   

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts   

shall be subject to all applicable reactivation fees as well as normal fees   

associated with opening an initial account. All delinquent accounts will be   

submitted to a collection agency for resolution.   

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)   

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.   

 

Disclaimers   

Backups and Data Loss: Your use of the service is at your sole risk.   

Tech Kingdom is not responsible for files and data residing on your account.   

You agree to take full responsibility for files and data transferred and to   

maintain all appropriate backup of files and data stored on Tech Kingdom   

servers.   

   Indemnification   

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.    

 

Confidentiality Statement    

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.    

 

    Promotional Usage  

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.  

 

Disclaimer    

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.    

 

        Privacy Policy    

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.   

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  Customer must submit cancellation 45 days in advance of renewal date, otherwise services will renew or customer will be sent an invoice for “new” service. 

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.   

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.   

 

 

Arbitration   

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.   

 

Force Majeure   

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.   

Waiver   

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties   

 

No Agency   

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.   

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.   

 Tech Kingdom – Corbel Brigade   

          Terms Of Service     

 

Applicability: The following terms of service apply to Tech Kingdom Corbel Brigade   

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service     

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products     

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.     

Unused time is forfeited and does not carry over to the next month.    

 

Usage of Tech Kingdom Services     

Content: All services may be used for lawful purposes only. Transmission,     

storage, or presentation of any information, data or material in violation of any     

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any     

claims resulting from the use of the service which damages the TK User or     

any other party.     

Note: Pornography and sex-related merchandising are prohibited on all     

servers. This includes sites that may infer sexual content, or link to adult     

content elsewhere. This is also true for 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.     

In addition any site selling or promoting Bulk email services is not allowed.     

Examples of non-acceptable content or links:     

– Pirated software     

– Hackers programs or archives     

– Warez Sites     

– Irc Bots     

– Mp3     

We will be the sole arbiter as to what constitutes a violation of this provision.      

 

Support Services    

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.     

 

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore.    

Application Licensing 

Tech Kingdom grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. 

 

                                        Application Licensing Restrictions 

TK User agrees not to and permit others to:  

• license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. 
• copy or use the Application for any purpose other than as permitted under the above section ‘Application Licensing’. 
• modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. 
• remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Tech Kingdom or its affiliates, partners, suppliers or the licensors of the Application Intellectual Property 

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Tech Kingdom, partners, and its respective owners 

 

Payment Information      

You agree to supply appropriate payment for the     

services received from Tech Kingdom, in advance of the time period during     

which such services are provided. You agree that until and unless you notify     

Tech Kingdom of your desire to cancel any or all services received, those     

services will be billed on a recurring basis. Tech Kingdom reserves the right     

to change the monthly payment amount and any other charges at any time.     

 

Chargebacks, Reversals, and Retrievals     

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.     

 

Refusal of Service     

We reserve the right to refuse or cancel service at our sole discretion. All     

clients are expected to pay their invoices promptly. Accounts that are past due     

for 10 days may be subject to temporary deactivation.      

Accounts past due for 15 days  will accrue a 10% late fee     

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged     

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or     

cancelled checks/credit cards will result in immediate account deactivation (not     

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts     

shall be subject to all applicable reactivation fees as well as normal fees     

associated with opening an initial account. All delinquent accounts will be     

submitted to a collection agency for resolution.     

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)     

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.     

 

Disclaimers     

Backups and Data Loss: Your use of the service is at your sole risk.     

Tech Kingdom is not responsible for files and data residing on your account.     

You agree to take full responsibility for files and data transferred and to     

maintain all appropriate backup of files and data stored on Tech Kingdom     

servers.     

   Indemnification     

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.      

 

Confidentiality Statement      

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.    

 

Suggestions  and Feedback 

Any feedback, comments, ideas, improvements or suggestions known as “TK User Suggestions” provided by you to Tech Kingdom with respect to the Application shall remain the sole and exclusive property of Tech Kingdom. 

 

Tech Kingdom shall be free to use, copy, modify, publish, or redistribute the “TK User Suggestions”  for any purpose and in any way without any credit or any compensation to you. 

Modifications to Application 

Tech Kingdom reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you. 

 

    Promotional Usage    

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.    

 

Disclaimer      

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.      

 

        Privacy Policy      

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.     

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  Customer must submit cancellation 45 days in advance of renewal date, otherwise services will renew or customer will be sent an invoice for “new” service.   

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.     

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.     

 

 

Arbitration     

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.     

 

Force Majeure     

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.     

Waiver     

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties     

 

No Agency     

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.     

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.     

                    Tech Kingdom – Cotovatre Brigade    

          Terms Of Service   

 

Applicability: The following terms of service apply to Tech Kingdom Cotovatre Brigade   

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service   

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products   

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.  

Unused time is forfeited and does not carry over to the next month. 

 

Requirements: 1. Customer or “TK User” agrees that the order is placed on behalf of a business and not a consumer. 2. Punctual payment and accurate payment details. 3. TK User is responsible solely for security and contents as well as ensuring backups functional. 4. TK User shall encrypt all data considered sensitive data, which must be treated as confidential under state or federal law or under Customer’s contractual obligations to others. Sensitive data includes, but is not limited to, Social Security Numbers, financial account numbers, driver’s license numbers, state identification numbers, Protected Health Information (as that term is defined in Title II, Subtitle F of the Health Insurance Portability and Accountability Act, as amended (HIPAA) and regulations promulgated there under) and Nonpublic Personal Information (as that term is defined in Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley) and regulations promulgated there under). 5. Customer shall immediately notify Tech Kingdom of any data breach or unauthorized access to Tech Kingdom’s network or servers and accounts. TK User will take all steps to cooperate with Tech Kingdom’s investigation and resolution of the reported breach or unauthorized access.  

 

Usage and Usage Restrictions of Tech Kingdom Services   

Content: All services may be used for lawful purposes only. Transmission,   

storage, or presentation of any information, data or material in violation of any   

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any   

claims resulting from the use of the service which damages the TK User or   

any other party.   

Note: Pornography and sex-related merchandising are prohibited on all    

servers. This includes sites that may infer sexual content, or link to adult    

content elsewhere. This is also true for 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.    

Examples of non-acceptable content, links, or actions:   

– Pirated software   

– Hackers programs or archives  

– Warez Sites   

– Irc Bots   

– Infringed files  

We will be the sole arbiter as to what constitutes a violation of this provision.    

 

Bandwidth Packages  

 

Bandwidth usage for bundled bandwidth packages, for Internet data transfer, will be calculated based upon outgoing bandwidth transfer. Incoming data transfer will not be counted towards your bundled bandwidth usage. Incoming data transfer is free of charge. If your actual data transfer usage exceeds the amount of your bandwidth package you will be charged a bandwidth overage fee in addition to your Bundled Bandwidth Charge. The bandwidth overage fee will be specified in your order.  

 

Zero Tolerance Spam Policy    

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any TK User who sends out spam will have their account terminated without notice. Tech Kingdom reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Tech Kingdom also reserves the right to make any such modifications in an emergency at our sole discretion. Tech Kingdom reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Tech Kingdom. All rights reserved.    

 

Termination for Violation of Tech Kingdom Usage Restrictions  

If Tech Kingdom determines that a rule has been broken, then Tech Kingdom may, in its sole discretion: Restrict Customer’s and its TK Users’ access to the Services; Remove or require removal of any offending Content; Terminate this Agreement for breach of contract; Exercise any other rights and remedies it may have, at law or in equity.   

 

Resource Usage    

Users may not initiate the following:    

– Run any software that interfaces with an IRC (Internet Relay Chat) network.    

– Run any bit torrent    

If you expect a flood of traffic that is greater than your regular usage due to recent marketing campaign, media mention, website link or any other event that would cause a surge in traffic to the website, you are MUST inform Tech Kingdom no later than 3 days before the event so we can prepare our servers and continue to provide you a quality service.   

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.  

Unauthorized Access: Use of systems or networks without authorization, including any attempt to probe, scan, or test vulnerabilities of systems, networks, or to breach security or authentication methods without authority from owner to do so is completely forbidden.  

Bandwidth Usage:  You are allocated a monthly bandwidth allowance. This   

allowance varies depending on the hosting package you purchase. Should   

your account pass the allocated amount we reserve the right to suspend the   

account until the start of the next allocation, suspend the account until more   

bandwidth is purchased at an additional fee, suspend the account until you   

upgrade to a higher level of package, terminate the account and/or charge you   

an additional fee for the overages. Unused transfer in one month cannot be   

carried over to the next month.   

Backups and Data Loss: Your use of the service is at your sole risk.    

Tech Kingdom is not responsible for files and data residing on your account.    

You agree to take full responsibility for files and data transferred and to maintain    

all appropriate backup of files and data stored on Tech Kingdom servers.   

Payment   

Data Infection and Corruption: TK User agrees that in case of infected data or corrupted data, we may quarantine or delete any data with our discretion on any shared systems that the data is stored on.  

 

Support Services 

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.  

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore. 

 

 

Payment Information    

You agree to supply appropriate payment for the   

services received from Tech Kingdom, in advance of the time period during   

which such services are provided. You agree that until and unless you notify   

Tech Kingdom of your desire to cancel any or all services received, those   

services will be billed on a recurring basis. Tech Kingdom reserves the right   

to change the monthly payment amount and any other charges at any time.   

 

Chargebacks, Reversals, and Retrievals   

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.   

 

Refusal of Service   

We reserve the right to refuse or cancel service at our sole discretion. All   

clients are expected to pay their invoices promptly. Accounts that are past due   

for 10 days may be subject to temporary deactivation.    

Accounts past due for 15 days  will accrue a 10% late fee   

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged   

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or   

cancelled checks/credit cards will result in immediate account deactivation (not   

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts   

shall be subject to all applicable reactivation fees as well as normal fees   

associated with opening an initial account. All delinquent accounts will be   

submitted to a collection agency for resolution.   

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)   

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.   

 

Disclaimers   

Backups and Data Loss: Your use of the service is at your sole risk.   

Tech Kingdom is not responsible for files and data residing on your account.   

You agree to take full responsibility for files and data transferred and to   

maintain all appropriate backup of files and data stored on Tech Kingdom   

servers.   

 

   Indemnification   

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.    

 

Confidentiality Statement    

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.    

 

    Promotional Usage  

 

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.  

 

Disclaimer    

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.    

 

        Privacy Policy    

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.   

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.   

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.   

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.   

 

 

Arbitration   

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.   

 

Force Majeure   

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.   

Waiver   

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties   

 

No Agency   

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.   

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.   

Tech Kingdom – Dreng Regiment    

          Terms Of Service      

 

Applicability: The following terms of service apply to Tech Kingdom Dreng Regiment  

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service      

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products      

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.      

Unused time is forfeited and does not carry over to the next month.     

 

Usage of Tech Kingdom Services  

Content: All services may be used for lawful purposes only. Transmission,  

storage, or presentation of any information, data or material in violation of any  

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any  

claims resulting from the use of the service which damages the TK User or  

any other party.  

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.  

In addition any site selling or promoting Bulk email services is not allowed.  

Examples of non-acceptable content or links:  

• Threatening, abusive, harassing, defamatory statements 
• Pirated software  

• Hackers programs or archives  
• Warez Sites, Warez content or files 
• Misrepresentation of member’s identity or impersonation 
• Collection of personal information for illegal purposes. 
• Collection of personal information without TK User’s permission 

• Solicitation or sale of any harmful/illegal products or service 
•  SPAM  
• Shell scripts – Shell scripts, such as those that try to gain shell access or run system command lines, are prohibited 
• Hate material, speech or propaganda 
• Tech Kingdom does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior 

 

We will be the sole arbiter as to what constitutes a violation of this provision.   

 

Zero Tolerance Spam Policy   

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any TK User who sends out spam will have their account terminated without notice. Tech Kingdom reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Tech Kingdom also reserves the right to make any such modifications in an emergency at our sole discretion. Tech Kingdom reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Tech Kingdom. All rights reserved.  Further, Tech Kingdom reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Tech Kingdom will notify law enforcement officials if the violation is believed to be a criminal offense. 

 

First violations of this policy may result in an Administrative Fee of $250 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of $600 and immediate termination of your account. TK Users who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information. 

 

Tech Kingdom reserves the right to charge up to $6000 for spam related violations due to costs which may be enforced on us by data carriers or data center administration fines. 

 

 

Acceptable Usage and System Resource Usage Policy:  

• Deployed servers on Public Cloud, include a set amount of data transfer: 1.5TB of outbound transfer per month, per GB RAM allocated except Premium Locations 

 

• Maximum / Peak usage is 5 Mbps per GB of RAM allocated except Premium Locations 

 

• Hybrid and Baremetal Servers are also provided with 50 Mbps at 95th percentile metering except Premium Locations 

 

• TK Users significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of Tech Kingdom. 

 

If you expect a flood of traffic that is greater than your regular usage due to recent marketing campaign, media mention, website link or any other event that would cause a surge in traffic to the website, you MUST inform Tech Kingdom no later than 3 days before the event so we can prepare our servers and continue to provide you a quality service.  

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.  

Bandwidth Usage:  You are allocated a monthly bandwidth allowance. This  

allowance varies depending on the hosting package you purchase. Should  

your account pass the allocated amount we reserve the right to suspend the  

account until the start of the next allocation, suspend the account until more  

bandwidth is purchased at an additional fee, suspend the account until you  

upgrade to a higher level of package, terminate the account and/or charge you  

an additional fee for the overages. Unused transfer in one month cannot be  

carried over to the next month.  

Backups and Data Loss: Your use of the service is at your sole risk.   

Tech Kingdom is not responsible for files and data residing on your account.   

You agree to take full responsibility for files and data transferred and to maintain   

all appropriate backup of files and data stored on Tech Kingdom servers.  

Payment  

Support Services  

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.   

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore.  

 

Premium Locations 

 

Premium Locations are the cloud platforms located in Jakarta, Indonesia; Sydney, Australia; Singapore and Hong Kong, China. 

Rates are as follow: 

• Deployed servers: 1TB outbound transfer 
• Maximum/Peak Usage: 2Mbps per GB RAM 

• Hybrid and Baremetal Servers: 25Mbps at 95th percentile metering 

 

Payment Information   

You agree to supply appropriate payment for the  

services received from Tech Kingdom, in advance of the time period during  

which such services are provided. You agree that until and unless you notify  

Tech Kingdom of your desire to cancel any or all services received, those  

services will be billed on a recurring basis. Tech Kingdom reserves the right  

to change the monthly payment amount and any other charges at any time.  

 

Chargebacks, Reversals, and Retrievals  

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.  

 

Refusal of Service  

We reserve the right to refuse or cancel service at our sole discretion. All  

clients are expected to pay their invoices promptly. Accounts that are past due  

for 10 days may be subject to temporary deactivation.   

Accounts past due for 15 days  will accrue a 10% late fee  

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged  

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or  

cancelled checks/credit cards will result in immediate account deactivation (not  

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts  

shall be subject to all applicable reactivation fees as well as normal fees  

associated with opening an initial account. All delinquent accounts will be  

submitted to a collection agency for resolution.  

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)  

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.  

 

Disclaimers  

Backups and Data Loss: Your use of the service is at your sole risk.  

Tech Kingdom is not responsible for files and data residing on your account.  

You agree to take full responsibility for files and data transferred and to  

maintain all appropriate backup of files and data stored on Tech Kingdom  

servers.  

   Indemnification  

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. (4) any defective products sold to customers from Tech Kingdom’s and/or third-party partner server.  

Confidentiality Statement   

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.   

 

    Promotional Usage  

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.  

 

Disclaimer   

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.   

 

        Privacy Policy   

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.  

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.  

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.  

 

Arbitration  

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.  

 

Force Majeure  

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.  

Waiver  

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties  

No Agency  

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever  

 

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 Tech Kingdom – Garth Regiment    

          Terms Of Service      

 

Applicability: The following terms of service apply to Tech Kingdom Garth Regiment  

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service      

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products      

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.      

Unused time is forfeited and does not carry over to the next month.     

 

Usage of Tech Kingdom Services      

Content: All services may be used for lawful purposes only. Transmission,      

storage, or presentation of any information, data or material in violation of any      

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any      

claims resulting from the use of the service which damages the TK User or      

any other party.      

Note: Pornography and sex-related merchandising are prohibited on all      

servers. This includes sites that may infer sexual content, or link to adult      

content elsewhere. This is also true for 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.      

In addition any site selling or promoting Bulk email services is not allowed.      

Examples of non-acceptable content or links:      

– Pirated software      

– Hackers programs or archives      

– Warez Sites      

– Irc Bots      

– Mp3      

We will be the sole arbiter as to what constitutes a violation of this provision.       

 

Support Services     

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.      

 

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore.     

 

Payment Information       

You agree to supply appropriate payment for the      

services received from Tech Kingdom, in advance of the time period during      

which such services are provided. You agree that until and unless you notify      

Tech Kingdom of your desire to cancel any or all services received, those      

services will be billed on a recurring basis. Tech Kingdom reserves the right      

to change the monthly payment amount and any other charges at any time.      

 

Chargebacks, Reversals, and Retrievals      

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.      

 

Refusal of Service      

We reserve the right to refuse or cancel service at our sole discretion. All      

clients are expected to pay their invoices promptly. Accounts that are past due      

for 10 days may be subject to temporary deactivation.       

Accounts past due for 15 days  will accrue a 10% late fee      

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged      

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or      

cancelled checks/credit cards will result in immediate account deactivation (not      

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts      

shall be subject to all applicable reactivation fees as well as normal fees      

associated with opening an initial account. All delinquent accounts will be      

submitted to a collection agency for resolution.      

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)      

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.      

 

   Other Prohibited countries 

We may reject the payments and services for next countries due to Embargo rules: Afghanistan, Cote d’Ivoire, Cuba, Eritre, Guinea, Iraq, Islamic Republic of Iran, Democratic People’s Republic of Korea, Liberia, Myanmar, Rwanda, Sudan, Sierra Leone, South Sudan, Syrian Arab Republic, Zimbabwe 

 

Disclaimers      

Backups and Data Loss: Your use of the service is at your sole risk.      

Tech Kingdom is not responsible for files and data residing on your account.      

You agree to take full responsibility for files and data transferred and to      

maintain all appropriate backup of files and data stored on Tech Kingdom      

servers.      

   Indemnification      

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.       

 

Confidentiality Statement       

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.     

 

    Promotional Usage     

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.     

 

Disclaimer       

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.       

 

        Privacy Policy       

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.      

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  Customer must submit cancellation 45 days in advance of renewal date, otherwise services will renew or customer will be sent an invoice for “new” service.    

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.      

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.      

 

 

Arbitration      

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.      

 

Force Majeure      

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.      

Waiver      

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties      

 

No Agency      

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.      

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.      

: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.     

                        Tech Kingdom – Inland Brigade   

          Terms Of Service  

 

Applicability: The following terms of service apply to Tech Kingdom : Inland Brigade services 

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service. 

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products   

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.  

Unused time is forfeited and does not carry over to the next month. 

 

Usage of Tech Kingdom Services   

Content: All services may be used for lawful purposes only. Transmission,   

storage, or presentation of any information, data or material in violation of any   

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any   

claims resulting from the use of the service which damages the TK User or   

any other party.   

Note: Pornography and sex-related merchandising are prohibited on all   

servers. This includes sites that may infer sexual content, or link to adult   

content elsewhere. This is also true for 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.   

In addition any site selling or promoting Bulk email services is not allowed.   

Examples of non-acceptable content or links:   

– Pirated software   

– Hackers programs or archives   

– Warez Sites   

– Irc Bots   

– Mp3   

We will be the sole arbiter as to what constitutes a violation of this provision.    

 

Zero Tolerance Spam Policy    

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any TK User who sends out spam will have their account terminated without notice. Tech Kingdom reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Tech Kingdom also reserves the right to make any such modifications in an emergency at our sole discretion. Tech Kingdom reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Tech Kingdom. All rights reserved.    

 

Resource Usage    

Users may not initiate the following:    

– Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.    

– Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.    

– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.    

– Run any software that interfaces with an IRC (Internet Relay Chat) network.    

– Run any bit torrent    

– Run any gaming servers such as counter-strike, half-life, battlefield1942, etc    

If you expect a flood of traffic that is greater than your regular usage due to recent marketing campaign, media mention, website link or any other event that would cause a surge in traffic to the website, you MUST inform Tech Kingdom no later than 3 days before the event so we can prepare our servers and continue to provide you a quality service.   

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.   

Bandwidth Usage:  You are allocated a monthly bandwidth allowance. This   

allowance varies depending on the hosting package you purchase. Should   

your account pass the allocated amount we reserve the right to suspend the   

account until the start of the next allocation, suspend the account until more   

bandwidth is purchased at an additional fee, suspend the account until you   

upgrade to a higher level of package, terminate the account and/or charge you   

an additional fee for the overages. Unused transfer in one month cannot be   

carried over to the next month.   

Backups and Data Loss: Your use of the service is at your sole risk.    

Tech Kingdom is not responsible for files and data residing on your account.    

You agree to take full responsibility for files and data transferred and to maintain    

all appropriate backup of files and data stored on Tech Kingdom servers.   

Payment   

Support Services 

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.  

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore. 

 

Payment Information    

You agree to supply appropriate payment for the   

services received from Tech Kingdom, in advance of the time period during   

which such services are provided. You agree that until and unless you notify   

Tech Kingdom of your desire to cancel any or all services received, those   

services will be billed on a recurring basis. Tech Kingdom reserves the right   

to change the monthly payment amount and any other charges at any time.   

 

Chargebacks, Reversals, and Retrievals   

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.   

 

Refusal of Service   

We reserve the right to refuse or cancel service at our sole discretion. All   

clients are expected to pay their invoices promptly. Accounts that are past due   

for 10 days may be subject to temporary deactivation.    

Accounts past due for 15 days  will accrue a 10% late fee   

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged   

a $30.00 reactivation fee in addition to their normal monthly fees. Returned or   

cancelled checks/credit cards will result in immediate account deactivation (not   

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts   

shall be subject to all applicable reactivation fees as well as normal fees   

associated with opening an initial account. All delinquent accounts will be   

submitted to a collection agency for resolution.   

 

In case of affiliates,  partners, resellers; Tech Kingdom, in its sole and absolute discretion, may deem that You have abandoned Your customers and Tech Kingdom reserves the right to terminate Your customer accounts with cause and assume ownership of Your customers directly, without any financial consideration or relief whatsoever to the Reseller. Tech Kingdom may assume the billing and support relationship with Resellers’ customers directly. Tech Kingdom may also to establish such a direct relationship with Your customers in the event You or Tech Kingdom terminates Your Reseller account. 

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)   

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.   

 

Disclaimers   

Backups and Data Loss: Your use of the service is at your sole risk.   

Tech Kingdom is not responsible for files and data residing on your account.   

You agree to take full responsibility for files and data transferred and to   

maintain all appropriate backup of files and data stored on Tech Kingdom   

servers.   

   Indemnification   

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.    

 

Confidentiality Statement    

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.    

 

    Promotional Usage  

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.  

 

Disclaimer    

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.    

 

        Privacy Policy    

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.   

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.   

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.   

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.   

 

 

Arbitration   

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.   

 

Force Majeure   

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.   

Waiver   

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties   

 

No Agency   

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.   

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.   

                              Tech Kingdom – Lausanne Brigade   

          Terms Of Service  

 

Applicability: The following terms of service apply to Tech Kingdom Lausanne Brigade  

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service  

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products  

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.  

Unused time is forfeited and does not carry over to the next month. 

 

Requirements: 1. Customer or “TK User” agrees that the order is placed on behalf of a business and not a consumer. 2. Punctual payment and accurate payment details. 3. TK User is responsible solely for security and contents as well as ensuring backups functional. 4. TK User shall encrypt all data considered sensitive data, which must be treated as confidential under state or federal law or under Customer’s contractual obligations to others. Sensitive data includes, but is not limited to, Social Security Numbers, financial account numbers, driver’s license numbers, state identification numbers, Protected Health Information (as that term is defined in Title II, Subtitle F of the Health Insurance Portability and Accountability Act, as amended (HIPAA) and regulations promulgated there under) and Nonpublic Personal Information (as that term is defined in Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley) and regulations promulgated there under). 5. Customer shall immediately notify Tech Kingdom of any data breach or unauthorized access to Tech Kingdom’s network or servers and accounts. TK User will take all steps to cooperate with Tech Kingdom’s investigation and resolution of the reported breach or unauthorized access. 

 

Usage and Usage Restrictions of Tech Kingdom Services  

Content: All services may be used for lawful purposes only. Transmission,  

storage, or presentation of any information, data or material in violation of any  

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any  

claims resulting from the use of the service which damages the TK User or  

any other party.  

Note: Pornography and sex-related merchandising are prohibited on all   

servers. This includes sites that may infer sexual content, or link to adult   

content elsewhere. This is also true for 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.   

Examples of non-acceptable content, links, or actions:  

– Pirated software  

– Hackers programs or archives 

– Warez Sites  

– Irc Bots  

– Infringed files 

We will be the sole arbiter as to what constitutes a violation of this provision.   

 

Bandwidth Packages 

 

Bandwidth usage for bundled bandwidth packages, for Internet data transfer, will be calculated based upon outgoing bandwidth transfer. Incoming data transfer will not be counted towards your bundled bandwidth usage. Incoming data transfer is free of charge. If your actual data transfer usage exceeds the amount of your bandwidth package you will be charged a bandwidth overage fee in addition to your Bundled Bandwidth Charge. The bandwidth overage fee will be specified in your order. 

 

Zero Tolerance Spam Policy   

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any TK User who sends out spam will have their account terminated without notice. Tech Kingdom reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Tech Kingdom also reserves the right to make any such modifications in an emergency at our sole discretion. Tech Kingdom reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Tech Kingdom. All rights reserved.   

 

Termination for Violation of Tech Kingdom Usage Restrictions 

If Tech Kingdom determines that a rule has been broken, then Tech Kingdom may, in its sole discretion: Restrict Customer’s and its TK Users’ access to the Services; Remove or require removal of any offending Content; Terminate this Agreement for breach of contract; Exercise any other rights and remedies it may have, at law or in equity.  

 

Resource Usage   

Users may not initiate the following:   

– Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.   

– Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.   

– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.   

– Run any software that interfaces with an IRC (Internet Relay Chat) network.   

– Run any bit torrent   

If you expect a flood of traffic that is greater than your regular usage due to recent marketing campaign, media mention, website link or any other event that would cause a surge in traffic to the website, you MUST inform Tech Kingdom no later than 3 days before the event so we can prepare our servers and continue to provide you a quality service.  

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited. 

Unauthorized Access: Use of systems or networks without authorization, including any attempt to probe, scan, or test vulnerabilities of systems, networks, or to breach security or authentication methods without authority from owner to do so is completely forbidden. 

Bandwidth Usage:  You are allocated a monthly bandwidth allowance. This  

allowance varies depending on the hosting package you purchase. Should  

your account pass the allocated amount we reserve the right to suspend the  

account until the start of the next allocation, suspend the account until more  

bandwidth is purchased at an additional fee, suspend the account until you  

upgrade to a higher level of package, terminate the account and/or charge you  

an additional fee for the overages. Unused transfer in one month cannot be  

carried over to the next month.  

Backups and Data Loss: Your use of the service is at your sole risk.   

Tech Kingdom is not responsible for files and data residing on your account.   

You agree to take full responsibility for files and data transferred and to maintain   

all appropriate backup of files and data stored on Tech Kingdom servers.  

Payment  

Data Infection and Corruption: TK User agrees that in case of infected data or corrupted data, we may quarantine or delete any data with our discretion on any shared systems that the data is stored on. 

 

Support Services 

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.  

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore. 

 

Payment Information   

You agree to supply appropriate payment for the  

services received from Tech Kingdom, in advance of the time period during  

which such services are provided. You agree that until and unless you notify  

Tech Kingdom of your desire to cancel any or all services received, those  

services will be billed on a recurring basis. Tech Kingdom reserves the right  

to change the monthly payment amount and any other charges at any time.  

 

Chargebacks, Reversals, and Retrievals  

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.  

 

Refusal of Service  

We reserve the right to refuse or cancel service at our sole discretion. All  

clients are expected to pay their invoices promptly. Accounts that are past due  

for 10 days may be subject to temporary deactivation.   

Accounts past due for 15 days  will accrue a 10% late fee  

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged  

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or  

cancelled checks/credit cards will result in immediate account deactivation (not  

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts  

shall be subject to all applicable reactivation fees as well as normal fees  

associated with opening an initial account. All delinquent accounts will be  

submitted to a collection agency for resolution.  

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)  

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.  

 

Disclaimers  

Backups and Data Loss: Your use of the service is at your sole risk.  

Tech Kingdom is not responsible for files and data residing on your account.  

You agree to take full responsibility for files and data transferred and to  

maintain all appropriate backup of files and data stored on Tech Kingdom  

servers.  

 

   Indemnification  

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.   

 

Confidentiality Statement   

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.   

 

    Promotional Usage 

 

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials. 

 

Disclaimer   

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.   

 

        Privacy Policy   

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.  

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.  

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.  

 

 

Arbitration  

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.  

 

Force Majeure  

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.  

Waiver  

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties  

 

No Agency  

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.  

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  

Tech Kingdom – Nomia Regiment    

          Terms Of Service     

 

Applicability: The following terms of service apply to Tech Kingdom Nomia Regiment   

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service     

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products     

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.     

Unused time is forfeited and does not carry over to the next month.    

 

Usage of Tech Kingdom Services     

Content: All services may be used for lawful purposes only. Transmission,     

storage, or presentation of any information, data or material in violation of any     

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any     

claims resulting from the use of the service which damages the TK User or     

any other party.     

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.     

In addition any site selling or promoting Bulk email services is not allowed.     

Examples of non-acceptable content or links:     

– Pirated software     

– Hackers programs or archives     

– Warez Sites     

– Irc Bots     

– Mp3     

We will be the sole arbiter as to what constitutes a violation of this provision.      

 

Support Services    

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.     

 

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore.    

 

REGISTRANT RIGHTS AND RESPONSIBILITIES: ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a “plain language” summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities. 

 

1. Provide current information as requested within 7 days of notice 

1. Agreement that no services are procured for any illegal or malicious purpose 

1. If information concerning accuracy of account or WHOIS contact information as requested is not delivered within 15 days, this will constitute a breach of this agreement 

1. We are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You agree that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us. 

1. We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.  

1. We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision. 

1. If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account. 

Payment Information      

You agree to supply appropriate payment for the     

services received from Tech Kingdom, in advance of the time period during     

which such services are provided. You agree that until and unless you notify     

Tech Kingdom of your desire to cancel any or all services received, those     

services will be billed on a recurring basis. Tech Kingdom reserves the right     

to change the monthly payment amount and any other charges at any time.     

 

Chargebacks, Reversals, and Retrievals     

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.     

 

Refusal of Service     

We reserve the right to refuse or cancel service at our sole discretion. All     

clients are expected to pay their invoices promptly. Accounts that are past due     

for 10 days may be subject to temporary deactivation.      

Accounts past due for 15 days  will accrue a 10% late fee     

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged     

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or     

cancelled checks/credit cards will result in immediate account deactivation (not     

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts     

shall be subject to all applicable reactivation fees as well as normal fees     

associated with opening an initial account. All delinquent accounts will be     

submitted to a collection agency for resolution.     

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)     

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.     

 

Disclaimers     

Backups and Data Loss: Your use of the service is at your sole risk.     

Tech Kingdom is not responsible for files and data residing on your account.     

You agree to take full responsibility for files and data transferred and to     

maintain all appropriate backup of files and data stored on Tech Kingdom     

servers.     

   Indemnification     

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.      

 

Confidentiality Statement      

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.      

 

    Promotional Usage    

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.    

 

Disclaimer      

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.      

 

        Privacy Policy      

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.     

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  Customer must submit cancellation 45 days in advance of renewal date, otherwise services will renew or customer will be sent an invoice for “new” service.   

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.     

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.     

 

 

Arbitration     

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.     

 

Force Majeure     

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.     

Waiver     

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties     

 

No Agency     

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.     

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

                   Tech Kingdom – Turbary Regiment  

          Terms Of Service 

 

 

Applicability: The following terms of service apply to Tech Kingdom: Turbary Regiment services 

Acceptance: As a requirement of using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service. These terms are effective immediately between Tech Kingdom, subsidiaries and affiliates and customer or subscriber. 

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products 

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.  

Unused time is forfeited and does not carry over to the next month. 

 

Usage of Tech Kingdom Services 

Content: All services may be used for lawful purposes only. Transmission, 

storage, or presentation of any information, data or material in violation of any 

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any 

claims resulting from the use of the service which damages the TK User or 

any other party. 

Note: Pornography and sex-related merchandising are prohibited on all 

servers. This includes sites that may infer sexual content, or link to adult 

content elsewhere. This is also true for 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. 

In addition any site selling or promoting Bulk email services is not allowed. 

Examples of non-acceptable content or links: 

• Pirated software 
• Hackers programs or archives 
• Warez Sites 
• IRC bots – IRC bots such as Eggdrop, IRCD, PSY BNC etc. are prohibited. 

•  Mp3 
•  Mailing lists, such as mailman, majordomo, and PHPlist 
•  SPAM 
•  Forums –  including VBB or similar 
•  MLM – Any mailing or posting “Make Money Fast” (MMF), “Fast Cash”, pyramid schemes,  chain letters or MLM (multi level marketing) scheme content of any sort will result in swift account termination 

• HYIP – High Yield Investment related or linked to websites 
• Illegal Material – This includes copy-righted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation 
• Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Tech Kingdom please contact first if you think that you may violate this term. 
• Dating – Includes all Dating, Matching and similar websites. 
• Online Gaming – Includes all online/offline Casinos, gambling, MUDs, interactive gaming on our servers, Anime communities, PlayStation games Forums, news, reviews. 

• Shell scripts – Shell scripts, such as those that try to gain shell access or run system command lines, are prohibited. 
• Hate material – We define hate material as that which expresses or promotes hatred against groups of people. For example, racist, anti-Semitic, or homophobic material, or any material targeting a particular ethnicity or religion is considered to be hate material.. We reserve the right to identify hate material for what it is (including identifiers on member sites). 
• Warez – Includes pirated software, ROMS, emulators, freaking, hacking, password cracking or cheating, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material. 
• Shell access – Tech Kingdom does not offer shell access under any conditions. Installing third-party shell tools using CGI, PHP, or any other method will result in immediate account termination. 
• Hot-Linking – You cannot use your account to store files or scripts that serve files or services to another domain name. All files must be linked to pages associated with your index page. For example: Using your website to host images for your eBay auctions is not allowed. 

• BitTorrent: Bit torrents, or anything related to bit torrents, are not allowed on Tech Kingdom web servers. 
• Proxy: Proxy websites, scripts, etc. are not allowed on Tech Kingdom web servers. 

 

We will be the sole arbiter as to what constitutes a violation of this provision.  

 

Zero Tolerance Spam Policy  

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt in” will be treated as spam. Any TK User who sends out spam will have their account terminated without notice. Tech Kingdom reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Tech Kingdom also reserves the right to make any such modifications in an emergency at our sole discretion. Tech Kingdom reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is left entirely to the discretion of Tech Kingdom. All rights reserved.  

 

Acceptable usage policy: 

When a web site is found to be monopolizing the resources available, Tech Kingdom reserves the right to suspend that site immediately. This policy is implemented only in extreme circumstances and is intended to prevent the misuse of our servers. As long as you do not violate any other terms in that page, you are able to host and distribute files with no limitation or restrictions. 

To further protect the integrity of our service, any individual site consistently using 10% or more of the system’s resources may be issued a warning or have its account deactivated. 

TK User is responsible for updating and securing installed software, plugins and themes. This is including and not limited to: 

– check for and install all new releases and security patches released by software producers. 

– disable and/or uninstall unwanted software. 

Resource Usage  

Users may not initiate the following:  

– Use 10% or more of system resources. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.  

– Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.  

– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.  

– Run any software that interfaces with an IRC (Internet Relay Chat) network.  

– Run any bit torrent  

– Run any gaming servers such as counter-strike, half-life, battlefield1942, etc  

If you expect a flood of traffic that is greater than your regular usage due to recent marketing campaign, media mention, website link or any other event that would cause a surge in traffic to the website, you MUST inform Tech Kingdom no later than 3 days before the event so we can prepare our servers and continue to provide you a quality service. 

Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited. 

Bandwidth Usage:  You are allocated a monthly bandwidth allowance. This 

allowance varies depending on the hosting package you purchase. Should 

your account pass the allocated amount we reserve the right to suspend the 

account until the start of the next allocation, suspend the account until more 

bandwidth is purchased at an additional fee, suspend the account until you 

upgrade to a higher level of package, terminate the account and/or charge you 

an additional fee for the overages. Unused transfer in one month cannot be 

carried over to the next month. 

Backups and Data Loss: Your use of the service is at your sole risk.  

Tech Kingdom is not responsible for files and data residing on your account.  

You agree to take full responsibility for files and data transferred and to maintain  

all appropriate backup of files and data stored on Tech Kingdom servers. 

Payment 

Support Services 

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.  

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore. 

 

Payment Information  

You agree to supply appropriate payment for the 

services received from Tech Kingdom, in advance of the time period during 

which such services are provided. You agree that until and unless you notify 

Tech Kingdom of your desire to cancel any or all services received, those 

services will be billed on a recurring basis. Tech Kingdom reserves the right 

to change the monthly payment amount and any other charges at any time. 

 

Chargebacks, Reversals, and Retrievals 

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored. 

 

Refusal of Service 

We reserve the right to refuse or cancel service at our sole discretion. All 

clients are expected to pay their invoices promptly. Accounts that are past due 

for 10 days may be subject to temporary deactivation.  

Accounts past due for 15 days  will accrue a 10% late fee 

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged 

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or 

cancelled checks/credit cards will result in immediate account deactivation (not 

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts 

shall be subject to all applicable reactivation fees as well as normal fees 

associated with opening an initial account. All delinquent accounts will be 

submitted to a collection agency for resolution. 

 

Prohibited Persons (Countries, Regions, Entities, and Individuals) 

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. 

 

Disclaimers 

Backups and Data Loss: Your use of the service is at your sole risk. 

Tech Kingdom is not responsible for files and data residing on your account. 

You agree to take full responsibility for files and data transferred and to 

maintain all appropriate backup of files and data stored on Tech Kingdom 

servers. 

   Indemnification 

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. (4) any defective products sold to customers from Tech Kingdom’s and/or third-party partner server. 

Confidentiality Statement  

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.  

 

    Promotional Usage 

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials. 

 

Disclaimer  

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.  

 

        Privacy Policy  

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. 

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided. 

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued. 

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same. 

 

Arbitration 

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. 

 

Force Majeure 

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder. 

Waiver 

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties 

No Agency 

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever 

 

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.     

 

Tech Kingdom. reserves the right to cancel the service at any time. 

Domain name registration and renewal prices 

New domain registration prices: 

As appear in Tech Kingdom order pages. 

Active and Expired (not RGP) domain renewal prices: 

Equal to registration fees. 

RGP (Redemption Grace Period ) domain renewal prices: 

$120.00 USD for domains registered with OpenSRS 

$300.00 USD for domains registered with Enom 

Tech Kingdom – Vassal Regiment   

          Terms Of Service    

 

Applicability: The following terms of service apply to Tech Kingdom Vassal Regiment  

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service    

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products    

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.    

Unused time is forfeited and does not carry over to the next month.   

 

Usage of Tech Kingdom Services    

Content: All services may be used for lawful purposes only. Transmission,    

storage, or presentation of any information, data or material in violation of any    

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any    

claims resulting from the use of the service which damages the TK User or    

any other party.    

Note: Pornography and sex-related merchandising are prohibited on all    

servers. This includes sites that may infer sexual content, or link to adult    

content elsewhere. This is also true for 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.    

In addition any site selling or promoting Bulk email services is not allowed.    

Examples of non-acceptable content or links:    

– Pirated software    

– Hackers programs or archives    

– Warez Sites    

– Irc Bots    

– Mp3    

We will be the sole arbiter as to what constitutes a violation of this provision.     

 

Support Services   

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.    

 

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore.   

 

Mercenary Support Services may require 3 weeks for IT Mercenaries to be trained and remote support processes to be setup and configured.  

 

Payment Information     

You agree to supply appropriate payment for the    

services received from Tech Kingdom, in advance of the time period during    

which such services are provided. You agree that until and unless you notify    

Tech Kingdom of your desire to cancel any or all services received, those    

services will be billed on a recurring basis. Tech Kingdom reserves the right    

to change the monthly payment amount and any other charges at any time.    

 

Chargebacks, Reversals, and Retrievals    

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.    

 

Refusal of Service    

We reserve the right to refuse or cancel service at our sole discretion. All    

clients are expected to pay their invoices promptly. Accounts that are past due    

for 10 days may be subject to temporary deactivation.     

Accounts past due for 15 days  will accrue a 10% late fee    

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged    

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or    

cancelled checks/credit cards will result in immediate account deactivation (not    

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts    

shall be subject to all applicable reactivation fees as well as normal fees    

associated with opening an initial account. All delinquent accounts will be    

submitted to a collection agency for resolution.    

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)    

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.    

 

Disclaimers    

Backups and Data Loss: Your use of the service is at your sole risk.    

Tech Kingdom is not responsible for files and data residing on your account.    

You agree to take full responsibility for files and data transferred and to    

maintain all appropriate backup of files and data stored on Tech Kingdom    

servers.    

   Indemnification    

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.     

 

Confidentiality Statement     

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.     

 

    Promotional Usage   

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.   

 

Disclaimer     

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.     

 

        Privacy Policy     

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.    

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  Customer must submit cancellation 45 days in advance of renewal date, otherwise services will renew or customer will be sent an invoice for “new” service.  

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.    

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.    

 

 

Arbitration    

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.    

 

Force Majeure    

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.    

Waiver    

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties    

 

No Agency    

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.    

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    Tech Kingdom – Warpentake Regiment    

          Terms Of Service   

 

Applicability: The following terms of service apply to Tech Kingdom Warpentake Regiment 

Acceptance: By using any services or products from Tech Kingdom, you hereby accept and agree to be legally bound by this Terms Of Service   

Terms/Definitions: “Tech Kingdom User” or “TK User” – refers to customer or subscriber to Tech Kingdom services and products   

Requests and Work: Any work requested that goes is applicable to Tech Kingdom regular service fee unless specified otherwise on a Plan Contract.   

Unused time is forfeited and does not carry over to the next month.  

 

Usage of Tech Kingdom Services   

Content: All services may be used for lawful purposes only. Transmission,   

storage, or presentation of any information, data or material in violation of any   

United States of America 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 Tech Kingdom User agrees to indemnify and hold us harmless from any   

claims resulting from the use of the service which damages the TK User or   

any other party.   

 

Actions: TK Users agree to use all technologies responsibly and legally and any activity deemed illegal is punishable by law. We also have strict policies in place for actions deemed of bad nature or malicious 

Examples of non-acceptable actions: 

– Illegal sales and marketing 

– Scamming and frauds, illegal social engineering to obtain confidential information 

– Sale of illegal merchandise or services 

– Impersonation and misinformation 

– Using voice communication for data not intended 

– Any other malicious or criminal action 

We will be the sole arbiter as to what constitutes a violation of this provision.   

 

Support Services  

If Tech Kingdom determines that any support request lands outside the scope of the Services, Tech Kingdom may provide custom support services for a fee, or on a per service basis, which we will be quoted to TK Users before providing the service. Tech Kingdom will require that TK Users pay for the Services prior to the commencement of any work being performed and TK Users agree that such fees are non-refundable.   

 

Tech Kingdom may request certain information from TK Users and may request that TK Users follow certain processes prior to providing TK User with support for the Services. If TK Users decline to provide such information or follow such processes, TK Users will be solely responsible for the backup of any and all information and data that TK Users provide to Tech Kingdom and TK Users will be solely responsible for any damage and loss TK User might suffer including, without limitation, data loss or a privacy breach, and Tech Kingdom shall not be liable therefore.  

 

911 Dialing notice and Voice Information 

Tech Kingdom’s  911 Dialing is different than traditional 911 service and we would like to make sure that you have a clear understanding about our 911 Dialing. Also, due to a recent FCC ruling, you must acknowledge that you understand how our 911 Dialing works. Setting up your 911 Dialing is still the same, simply fill out a short form in the Features section of your web account with your street address, and we will get you up and running. You can easily update your address at any time through your web account. 

Most of our customers (other than WiFi and Softphone customers) have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers in locations where the emergency center is not equipped to receive your telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak. As additional local emergency centers become capable of receiving our customers information, Tech Kingdom will automatically upgrade customers with basic 911 to E911 service. Tech Kingdom will not give you notice of the upgrade. 

Certain customers do not have access to either basic 911 or E911. If you don’t have access to basic 911 or E911 your 911 call will be sent to the Tech Kingdom national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help. Examples of situations where 911 calls will be sent to the Tech Kingdom national emergency call center include when there is a problem validating a customer’s address, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 network. In addition, if you use a WiFi or SoftPhone, due to the portable nature of these Devices, your 911 calls will be routed to the Tech Kingdom national emergency call center. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the Tech Kingdom national emergency call center. 

You must register with Tech Kingdom the physical location where you will utilize Tech Kingdom phone service (Service) for each phone line. Also note that if you move your device to another location, you must register your new location. If you do not register your new location, any 911 call you make may be sent to an emergency center near your old location. You will register your initial location of use when you subscribe to the Service. This process can take several hours, and you will receive a confirmation email once 911 Dialing has been activated for your initial location or for a newly registered location. Regardless of what address you register for a WiFi or SoftPhone, emergency calls you make from these devices will be routed to the Tech Kingdom national emergency response center. Remember that our 911 Dialing service will not function in the event of a broadband or power outage or if your broadband, ISP or Tech Kingdom phone service is terminated. 

 

Payment Information    

You agree to supply appropriate payment for the   

services received from Tech Kingdom, in advance of the time period during   

which such services are provided. You agree that until and unless you notify   

Tech Kingdom of your desire to cancel any or all services received, those   

services will be billed on a recurring basis. Tech Kingdom reserves the right   

to change the monthly payment amount and any other charges at any time.   

 

Chargebacks, Reversals, and Retrievals   

If you have a billing issue, please contact Tech Kingdom to address and resolve the issue. If Tech Kingdom receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.   

 

Refusal of Service   

We reserve the right to refuse or cancel service at our sole discretion. All   

clients are expected to pay their invoices promptly. Accounts that are past due   

for 10 days may be subject to temporary deactivation.    

Accounts past due for 15 days  will accrue a 10% late fee   

Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged   

a $15.00 reactivation fee in addition to their normal monthly fees. Returned or   

cancelled checks/credit cards will result in immediate account deactivation (not   

cancellation) and are subject to a $25.00 processing fee. Cancelled accounts   

shall be subject to all applicable reactivation fees as well as normal fees   

associated with opening an initial account. All delinquent accounts will be   

submitted to a collection agency for resolution.   

 

Prohibited Persons (Countries, Regions, Entities, and Individuals)   

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Tech Kingdom also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.   

 

Disclaimers   

Backups and Data Loss: Your use of the service is at your sole risk.   

Tech Kingdom is not responsible for files and data residing on your account.   

You agree to take full responsibility for files and data transferred and to   

maintain all appropriate backup of files and data stored on Tech Kingdom   

servers.   

   Indemnification   

TK User agrees that it shall defend, indemnify, save and hold Tech Kingdom harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tech Kingdom, its agents, its TK Users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by TK User, it’s agents, employees or assigns. TK User agrees to defend, indemnify and hold harmless Tech Kingdom against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Kingdom server; (2) any material supplied by TK User infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.    

 

Confidentiality Statement    

We at Tech Kingdom ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Tech Kingdom, its representatives and employees, for the purposes for which it was intended, for the benefit of the TK User. We agree not to share or release such information to any individual, entity, or third party, without the consent of the TK User, except as required by law, regulation or governmental authority. All information provided to us by the TK User is properly stored and handled at all times by authorized Tech Kingdom staff members only.    

 

    Promotional Usage  

Customer grants Tech Kingdom a non-transferable, non-exclusive license to utilize Customer trademarks, logos, and links to website for Tech Kingdom promotional materials.  

 

Disclaimer    

Tech Kingdom will not be responsible for any damages your business may suffer. Tech Kingdom makes no warranties of any kind, expressed or implied for services we provide. Tech Kingdom disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tech Kingdom and its employees. Tech Kingdom reserves the right to change or update policies without notice.    

 

        Privacy Policy    

Tech Kingdom ensures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by Tech Kingdom, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the TK User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the TK User; with exception as required by Law, Regulation or Governmental Authority. Tech Kingdom is committed to protecting and securing all TK User provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.   

 

Cancellation: Customer may give notice of non-renewal or cancellation by logging in to Tech Kingdom Billing System and submitting a cancellation request and the month-to-month agreement for services is automatically renewed each month until cancellation request is provided.  Customer must submit cancellation 45 days in advance of renewal date, otherwise services will renew or customer will be sent an invoice for “new” service. 

 

Refunds and Returns: Generally, all services and offerings are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.   

 

Service Quality: Due to having various partners of different quality levels, our service quality will vary greatly depending on Group within the Division. We do our best to accommodate all variances of business requirements as no single TK User or their Kingdom is the same.   

 

 

Arbitration   

Claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in California or another location mutually agreed upon by both the parties. Parties seeking arbitration must first make a written notice of intent to arbitrate which has detailed information on the nature and basis of claim or dispute and set forth specific relief sought, this should be scanned and sent to support@techkingdom.net with the title: Intent to Arbitrate and have the scanned file attached. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Technology and Hosting and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.   

 

Force Majeure   

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.   

Waiver   

 Tech Kingdom reserves its right to take all legal steps available to enforce this Agreement. Tech Kingdom’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Tech Kingdom’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with Tech Kingdom shall be effective unless expressly stated in writing and signed by both parties   

 

No Agency   

This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.   

 

 

Voice over IP Terms of Service 

 

These Terms of Service constitute the agreement (“Agreement”) between Tech Kingdom (“we,” or “us”) and the user (“you,” “user” or “Customer”) of Tech Kingdom’s business services and any related products or services (“Service”).

This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service. If you purchased Equipment from a dealer, retail store or other provider other than Tech Kingdom, you are a “Retail Customer” for purposes of this Agreement.  

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

1. EMERGENCY SERVICES – 911 DIALING 

1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as “911 Dialing” which is a limited emergency calling service available only on Tech Kingdom certified Devices or Equipment. The 911 Dialing feature may not work at all when used in conjunction with a Soft Phone, Virtual Numbers or Subscriber provided Customer Premise Equipment. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each Tech Kingdom phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under “Features,” and below. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the Tech Kingdom 911 Dialing feature as compared with traditional 911 or E911 dialing. The documentation that accompanies each Device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department at support@techkingdom.net 

1.2 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with Tech Kingdom the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the “911” registration link on your Tech Kingdom web account dashboard features page. For purposes of the 911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.  

1.3 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.  

1.4 How Emergency Personnel are Contacted. We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.  

1.5 Service Outages. (a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Suspension or Termination of Your Tech Kingdom Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Tech Kingdom is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. 1.6 Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.  

1.7 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.  

1.8 Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.  

1.9 No Automated Location Identification. In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator will not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the Service is not operational for any reason.  

1.10 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Tech Kingdom nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Tech Kingdom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.  

1.11 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.  

2. SERVICE

2.1 Term. Service is offered on a monthly or multi-month basis as is determined in your Service activation or order form, or via our online ordering process. The term begins on the date that Tech Kingdom activates your Service and ends on the day before the anniversary date of your Term. Subsequent terms of this Agreement automatically renew for twelve (12) months unless you give us written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month’s charges in the event that you do not provide the requisite thirty days’ notice of termination prior to the expiration of the then-current term. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement. 

2.3 Use of Service and Tech Kingdom provided Device. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities. 

2.4 Use of Service only. For Service only customers, you are responsible for supplying, operating and supporting the Customer Premise Equipment for use with the Service. In addition, any customer supplied equipment must be pre-approved by Tech Kingdom in writing. You shall not resell or transfer the Service to another party without our prior written consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service for any of the aforementioned or similar activities. 

2.5 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Tech Kingdom will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.  (b) Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Tech Kingdom will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others 

2.6 Use of Service and Device by Customers Outside the United States. Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada. 

2.7 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. 

2.8 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. 

2.9 Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. 

2.10 Return of Device (Does Not Apply to Customers who use Devices not provided by Tech Kingdom directly)
(a) Retail Customers. A Retail Customer may only return the Device to the retail store, dealer or other provider from which the Retail Customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or other provider. We will not accept any Device returned to us from a Retail Customer.
(b) Non-Retail Customers. Non-Retail Customers may return the Device to us within fourteen (14) days of the termination of Service to receive a credit for any termination fee (See Section 3.6) provided that:  

• the Service is terminated within the first thirty (30) days following the activation of the Service;  
• the Device is in original condition, reasonable wear and tear excluded;  
• the original proof of purchase are returned with the Device, together with the original packaging, all parts, accessories, and documentation;  

• prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at support@techkingdom.net and  
• you pay all costs of shipping the Device back to us.  

If you disconnect multiple lines, we will issue you a credit for all termination fees upon receipt of all Devices in accordance with the requirements set forth above.
If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact our customer care department immediately at support@techkingdom.net 

2.11 Number Transfer on Service Termination. Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:  

• such new service provider is able to accept such number;  

• your account has been properly terminated;  
• your account is completely current, including payment for all charges and applicable termination fees; and  
• you request the transfer upon terminating your account.  

2.12 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. 

2.13 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement. 

2.14 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas. 

2.15 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address. 

2.16 Incompatibility With Other Services.
(a) Security Systems. The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with some broadband services. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service. 

3. CHARGES; PAYMENTS; TAXES; TERMINATION

3.1 Billing. When the service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is canceled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:  

• activation fees;  
• monthly Service fees;  
• international usage charges;  
• advanced feature charges;  
• equipment purchases;  

• termination fees; and  
• shipping and handling charges.  

The amount of such fees and charges shall be published on our website and may change from time to time. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $250. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website. 

3.2 Billing Disputes. You must notify us in writing within seven (7) days after receiving your credit or debit card statement if you dispute any Tech Kingdom charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to: 

Customer Care Billing Department
Tech Kingdom 

support@techkingdom.net 

 

3.3 Payment and Collection.
(a) Payment. We only accept payment by credit or debit card, unless other payment terms have been explicitly agreed to in writing by Tech Kingdom Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate you Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges.
(b) Collection. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney’s fees. 

3.4 Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.  The term of this Agreement will run from the Effective Date until the end of the term (of any continuation thereof) of each Service.  The initial minimum term of for each Service is set forth in the Service Activation Order (each an “Initial Term”).  The start date for the Initial Term of each Service will begin on the Billing Start Date.  Customer must terminate a Service or the Agreement in writing by providing Tech Kingdom with at least thirty days prior written notice.  Please send termination notices to support@techkingdom.net or fax to (888) 971-4076, Attn: Service Terminations. 

3.5 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate. 

3.6 Termination Fee. If Customer elects to terminate this Agreement or any Service prior to the expiration of a Service’s Initial Term, Customer must provide thirty days advance notice and must pay the Early Termination Fees for each Service that has not completed its Initial Term.  The Early Termination Fees should not exceed the fees that would have been owed through the end of such Service’s Initial Term of any agreed upon renewal of the Initial Term.  Customer and Tech Kingdom agree that an Early Termination Fee is not a penalty but serves as an accurate approximation of the damages to Tech Kingdom that result from the termination before the end of its Initial Term.  Upon termination or expiration of this Agreement for any reason, Customer shall promptly pay all amounts owed through the month of termination as well as any applicable Early Termination Fees. 

3.7 Money Back Guarantee; Limitations and Conditions.
(a) Money Back Guarantee. We offer Hosted VoIP subscribers a 30-day money back guarantee from the date of activation of Service. The money back guarantee applies only to the first-ordered service package, not to additional or secondary orders. We will refund the activation fee and monthly charge for first month of Service provided that:  

• you have not exceeded 2500 minutes of usage; and  
• you cancel your Service within the 30-day period.  

Federal excise taxes and any other applicable taxes cannot be refunded. You will remain responsible for any charges for usage fees including but not limited to local or international usage, calls to Tech Kingdom toll free numbers and directory assistance. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.   

3.8 Payphone Charges. If you use our “Toll Free” feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs. 

3.9 Charges for Directory Calls (411). We will charge you $1.50 for each call made to Tech Kingdom directory assistance. 

3.10 Charges for Conference Bridge Calls. We will charge you 3.9 cents per minute, or your then current domestic per minute rate if lower than 3.9 cents per minute, for each caller who calls into your conference bride. The per minute usage fee will be calculated based on all participants on the conference bridge, including on-network and off-network participants. 

4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 

• an act or omission of an underlying carrier, service provider, vendor or other third party;  
• equipment, network or facility failure;  
• equipment, network or facility upgrade or modification;  
• force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;  
• equipment, network or facility shortage;  

• equipment or facility relocation;  
• service, equipment, network or facility failure caused by the loss of power to you;  
• outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;  
• any act or omission by you or any person using the Service or Device provided to you; or  
• any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.  

Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period. 

4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL Tech Kingdom, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. 

4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless Tech Kingdom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive. 

4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER Tech Kingdom NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Tech Kingdom’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY Tech Kingdom OR Tech Kingdom’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. 

4.5 Device Warranties
(a) Limited Warranty. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from us at the time of receipt, you are accepting the Device “as is”. You are not entitled to replacement, repair or refund in the event of any defect.
(c) Retail Customer Limited Warranty. For Retail Customers only, we will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. A Retail Customer’s sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 2.10. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. The Retail Customer limited warranty will also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.
(d) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS. 

4.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. 

4.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a “User”). You shall assure that your and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content. 

5. MISCELLANEOUS

5.1 Governing Law. The Agreement and the relationship between you and us is governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the state of Pennsylvania and waive any objection as to venue or inconvenient forum. 

5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Montgomery county, Pennsylvania. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, MONTGOMERY COUNTY PENNSYLVANIA. 

5.3 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. 

5.4 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Tech Kingdom and govern the use of the Service by you, members of your business, employees and guests. This Agreement supersedes any prior agreements between you and Tech Kingdom and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. 

5.5 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. 

6. REASONABLE USE LIMITATIONS

Unusually high usage of the Service attributable to individual Accounts may impair Tech Kingdom’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service Plans, reasonable use means that your use of the Service does not materially impair Tech Kingdom’s ability to provide the Service to other users. 

7. UNLIMITED OR UNMETERED PLANS

All unlimited or unmetered plans (“Unlimited Plans”) are subject to all of the Prohibited Use and Reasonable Use limitations set forth in this Reasonable Use Policy. In addition, all unlimited or unmetered plans are subject to the following terms and conditions: 

• Unlimited Plans are for normal residential or business use. 
• Unlimited Plans cannot, under any circumstances, be used for call-in lines, call centers, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, or other high volume or multi-person calling or faxing purposes. 
• Excessive Use of Unlimited Plans is prohibited. “Excessive Use” means that your use exceeds the monthly minutes per line used by 98% of all Tech Kingdom  Unlimited Plan customers. Excessive Use is measured on a monthly basis. For example, if you use 7,500 minutes in one month per line and 98% of all Tech Kingdom Unlimited Plan customers used less than 7,500 minutes that month per line, your use would constitute Excessive use and would be in violation of this Reasonable Use Policy. 

Tech Kingdom  reserves the right to review and monitor your usage of your Unlimited Plan at any time (i) to calculate Excessive Use and (ii) compliance with this Reasonable Use Policy, including that there is no Excessive Use.

Except where prohibited by law, if you violate this Reasonable Use Policy, including but not limited to by Excessive Use of the Service, you hereby acknowledge and agree that Tech Kingdom may modify, suspend, terminate, disconnect or take any other reasonable action regarding your Service to prevent continued violation of this Reasonable Use Policy (a “Plan Modification”), including charging you on per minute basis, at Tech Kingdom’s published per minute rates, for any Excess Use or automatically converting your Unlimited Plan to a metered plan. You hereby agree to pay Tech Kingdom, and hereby authorize Tech Kingdom to charge your credit card for any additional fees, charges and penalties related to any Plan Modification. 

8. FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on techkingdom.net.  Tech Kingdom will make best efforts to notify Customers in advance via email regarding changes to the terms and conditions of this Agreement. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device. 

9. PRIVACY

Tech Kingdom Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Tech Kingdom is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our website at techkingdom.net for additional Privacy Policy information. 

 

Liability: TECH KINGDOM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL TECH KINGDOM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT TECH KINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TECH KINGDOM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TECH KINGDOM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL TECH KINGDOM’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO TECH KINGDOM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TECH KINGDOM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.