1. Delivery of Services; Term.
(a) Delivery of Services. By submitting an order for services either through the Web site or off-line, customer agrees to take and pay for the services ordered. In addition, it may be necessary for Alkon to perform certain supplemental services from time to time in connection with providing the services ordered, and customer hereby authorizes Alkon to perform such services on its behalf as needed.
(b) Term. The term of this Agreement (the “Term”) shall commence on the date an order submitted by customer is accepted by Alkon (as evidenced in writing or by Alkon beginning to provide services to customer), and shall remain in effect until such time as it is terminated in accordance with Section 10. The termination of any particular service will not affect customer’s obligations to pay for other service(s).
2. Other Policies. The customer hereby acknowledges and agrees that customer has read and understands Alkon’s Acceptable Use Policy, the terms of which are hereby incorporated by reference, and agrees to abide by such policies for the duration of the Term.
3. Fees and Payment Terms. Customer will pay all fees due according to the prices for each service ordered, as such prices are either listed on the Web site or separately provided to customer in writing. In addition, customer will pay all fees due in respect of supplemental services required to be provided by Alkon from time to time at Alkon’s then-prevailing hourly rate. Set up fees are non-refundable. For all new domain names, there is an initial registration fee of $30 for the first year, which fee (a) shall automatically be paid by Alkon (including all renewal fees) on your behalf during the Term, and (b) shall be included on the first invoice to customer after Alkon’s payment of any such fee. Unless otherwise agreed between the parties, customer will be billed annually in December of each year for the entire next fiscal year during the Term for services to be provided for the following year. All other charges for supplemental services and expenses incurred during a particular period (e.g., additional bandwidth usage fees, design fees, etc.) will either be billed immediately or at the end of the month in which such services were provided. Payment for all fees shall be in U.S. Dollars and is due upon receipt of each Alkon invoice. Notwithstanding anything to the contrary in this Agreement, Alkon expressly reserves the right to alter, change or amend its billing practices and amounts in its sole discretion, including, without limitation, the date on which such billing will occur and the types of charges that will be included in such bills. Any payment not received within 30 days of the invoice date will be billed an additional fee of $10 per month. Alkon reserves the right to suspend or terminate the services until all fees are paid in full. Customer also shall reimburse Alkon for all expenses incurred by Alkon in exercising any of its rights under this Agreement or applicable law with respect to a default in payment or other breach of this Agreement by customer, including, without limitation, reasonable attorneys’ fees and the fees of any collection agency retained by Alkon. Customer will be responsible for and will pay in full, except for taxes on Alkon’s net income, all taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of services.
4. Intellectual Property Ownership. This Agreement shall not be deemed to transfer from Alkon to Customer any of Alkon’s intellectual property (including, without limitation, patents, trademarks, service marks, copyrights and licenses), technology, software programs or any related assets owned by Alkon. The Alkon logo and other Alkon marks appearing on the Web site are either registered or unregistered marks of Alkon, and Alkon retains all rights with respect to such marks. Similarly, this Agreement shall not be deemed to transfer from customer to Alkon any of customer’s intellectual property (including, without limitation, patents, trademarks, service marks, copyrights and licenses), technology, software programs or any related assets owned by customer.
5. Disclaimer of Warranties. ALKON DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT OF THE INFORMATION TRANSMITTED THROUGH ITS FACILITIES. THE SERVICES, INCLUDING SUPPLEMENTAL SERVICES, ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. ALKON DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, WHETHER EXPRESS AND/OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALKON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR COMPLETELY SECURE. ALKON DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM ALKON’S NETWORK AND OTHER PORTIONS OF THE INTERNET, AS SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF), AND ALKON CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ALKON DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. FINALLY, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER’S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM ALKON OR ANY THIRD PARTY VENDOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALKON NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER AGREEMENT FOR THIRD PARTY PRODUCTS AND CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND ALKON WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS.
6. Customer Obligations. Customer agrees that it will use Alkon’s service(s) only for lawful purposes and in accordance with this Agreement (including the policies incorporated by reference pursuant to Section 2). Customer shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any third party product, (ii) reverse engineer, decompile, or disassemble any third party product, or (iii) transfer, assign or rent its Alkon accounts to any party (provided that customer may allow ftp access to its server and host web sites for its customers without violating this Section 6).
7. Representations and Warranties. Each party hereby represents and warrants to the other party that it has the right and authority to enter into this Agreement and to perform its obligations hereunder, that the granting of the rights and undertaking of the obligations hereunder will not infringe upon or conflict with any rights of a third party, and that its performance hereunder will not violate any applicable U.S. laws and government rules and regulations. Neither Alkon nor any third party provider makes any representations or warranties whatsoever regarding any third party products (including, without limitation, third party software platforms and/or third party services).
8. Limitations of Liability.
(a) Delays and Interruptions. ALKON SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND ALKON SHALL HAVE NO LIABILITY THEREFOR EXCEPT TO THE EXTENT OF ALKON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ALKON WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ALKON’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISE 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 ALKON’S OR ITS NETWORK SERVICE SUPPLIER’S NEGLIGENCE.
(b) Consequential Damages. EXCEPT FOR THE PARTIES’ INDEMNITY OBLIGATIONS IN SECTION 9, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
(c) Limitation. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ALKON’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER FOR ANY CLAIM RELATED TO, OR IN CONNECTION WITH, THIS AGREEMENT OR ANY SERVICES PROVIDED TO CUSTOMER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO ALKON FOR THE PRIOR 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
9. Indemnification. Each party agrees to indemnify and hold harmless the other party and the other party’s officers, directors, shareholders, employees, attorneys, accountants, agents and subsidiaries from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach of any warranty, representation, covenant or agreement made by the indemnifying party in this Agreement. The foregoing indemnity is conditioned upon (a) prompt written notice by the indemnified party to the indemnifying party of any claim, action or demand for which indemnity is claimed, (b) complete control of the defense and settlement thereof by the indemnifying party, and (c) such reasonable cooperation by the indemnified party in the defense as the indemnifying party may request.
10. Term and Termination. This Agreement and the services purchased hereunder may be terminated by either party at any time upon at least 30 days’ prior, written notice of termination to the other party, it being understood that customer’s transferring of a domain name does not by itself constitute termination of the services hereunder. In addition, either party may terminate this Agreement and the services immediately on written notice to the other party if the other party has (a) declared bankruptcy, or (b) materially breached any term or condition of this Agreement and failed to cure such breach within (i) 3 days of such breach if the breach involves failure to make a payment to Alkon, or (ii) 30 days of receipt of notice of such breach for all other breaches of this Agreement. Upon any termination of this Agreement and the services, any and all payment obligations of customer under this Agreement for service(s) provided through the date of termination will immediately become due, and customer shall be required to prepay for any portion of the services that have not been paid for and are to be rendered during such 30-day period. Upon expiration, cancellation or termination of this Agreement, customer shall relinquish any Internet protocol numbers, addresses or address blocks assigned to customer by Alkon or its network services supplier (but not the URL or top level domain connected therewith). Alkon reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
11. Miscellaneous Provisions. Alkon shall not be deemed to be in default of any provision of this Agreement or be liable for any delay, failure of performance or interruption of the provision of services to customer resulting, directly or indirectly, from any unforeseen or force majeure event. Alkon and customer agree that, except as otherwise expressly provided in this Agreement or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement. This Agreement is made under and will be governed by and in accordance with the laws of the State of Indiana (except for its rules regarding conflicts of laws). Any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by arbitration in Indiana under the rules of arbitration of the American Arbitration Association. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. Customer may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior, written consent of Alkon, and any attempted assignment or delegation without such consent will be void. Alkon may assign this Agreement in whole or part, and may delegate the performance of certain services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt e-mail or upon receipt of delivery of overnight mail (provided, that Alkon may provide day-to-day notices and updates to customer via e-mail). Alkon and customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Alkon and customer. Except for any written agreements between the parties which expressly supersede the terms of this Agreement, this Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
Acceptable Use Policy
In order to protect the numerous competing interests relating to Internet usage and our services, Alkon has created this Acceptable Use Policy (AUP), which is intended as a guide to the customer’s rights and obligations when utilizing Alkon’s services. This document also contains information about the types of behavior permitted and prohibited on Alkon’s network. If you have any questions regarding this AUP, please contact us at [email protected].
Adherence to AUPs
From time to time Alkon may impose reasonable rules and regulations regarding the use of its services (AUPs). The AUPs are not exhaustive and Alkon reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs at www.alkonconsulting.com (with a link accessible from the home page) or notification to you of the modified AUPs. By submitting an order for any Alkon services (including hosting, e-mail, web sites, etc.), you agree to abide by the AUPs as modified from time to time. Unlisted activities may also constitute violations of this AUP such activities are illegal, irresponsible, contrary to public policy or otherwise disruptive. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ALKON. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES AND DOMAIN NAMES. IT IS ALKON’S POLICY TO TERMINATE SERVICE FOR REPEAT INFRINGERS. ALKON RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Alkon may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network (sometimes known as “hacking”).
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, Trojan horses, sending Internet viruses, pinging, denial of service attacks, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Violators of this policy are responsible, without limitation, for the cost of labor to correct any damage done to the operation of the network and business operations supported by the network.
Alkon is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Alkon urges its customers to assume that all of their on-line communications are insecure. Alkon cannot take responsibility for the security of information transmitted over Alkon’s facilities.
Customers have a responsibility to use the Alkon network responsibly, which includes respecting the other customers of Alkon. This includes, but is not limited to:
- Attacking or attempting to gain unauthorized access to servers and services that belong to Alkon or its customers (i.e. computer hacking), and/or
- Participating in behavior which results in reprisals that adversely affect the Alkon network or other customers’ access to the Alkon network.
Alkon will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, without limitation, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning and port scanning. Any unauthorized use of accounts or computers by an Alkon customer, whether or not the attacked account or computer belongs to Alkon, will result in severe action taken against the attacker. Any attempt to undermine or cause harm to a server or customer of Alkon is strictly prohibited. Alkon will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
The customer is expected to be familiar with and to practice appropriate Internet etiquette. The customer will comply with the rules appropriate to any network to which Alkon may provide access. The customer should not post, transmit or permit Internet access to information the customer desires to keep confidential.
Intellectual Property and other Violations of Law
The Alkon network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of United States or state law, common law or any AUP is prohibited. Customer shall be prohibited from engaging in any activity over the Alkon network that infringes or misappropriates the intellectual property rights of others, including copyright, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities. Alkon complies with the Digital Millennium Copyright Act, and encourages customers to report cases of copyright infringement involving a customer to [email protected].
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. Similarly, if you copy, distribute or install software in ways that the applicable license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may also be fined and/or receive jail time. Alkon will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Any conduct that constitutes harassment, fraud, stalking, abuse or a violation of federal export restriction in connection with use of Alkon services or products is also prohibited. In addition, using the Alkon network to solicit the performance of any illegal activity is prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within the Alkon network are open to the public. You are solely responsible for your usage of the Alkon network and servers and any statement you make on servers hosted within the Alkon network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Obscene Speech, Child Pornography and other Inappropriate Material
The customer is not permitted to post any material that is tortuous, indecently depicts children, defamatory, harassing, abusive, and threatening or is likely to result in retaliation against Alkon by offended users. Using Alkon’s network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material is strictly prohibited. Alkon will cooperate fully with any criminal investigation into a customer’s violation of the Child Protection Act of 1984 and any similar laws or statutes. Customers are ultimately responsible for the actions of their clients over the Alkon network, and will be liable for illegal material posted by their clients.
Spamming and Unsolicited E-Mail
Alkon will not tolerate any unsolicited e-mailing practices on the part of any customer (e.g. “SPAM” and/or “UCE”s). To this end, customers of Alkon may not use or permit others to use our network to transact in Spamming or UCE (which includes a prohibition on hosting sites or information that is advertised by UCE from other networks). As our customers are ultimately responsible for the actions of their clients over the Alkon network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Upon notification of an alleged violation of this policy, Alkon will initiate an immediate investigation, during which time Alkon may restrict customer access to the network to prevent further violations. If a customer is found by Alkon, in its sole discretion, to be in violation of this policy, Alkon may restrict, suspend or terminate the customer’s account. Further, Alkon reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Alkon will notify law enforcement officials if the violation is believed to be a criminal offense.
The ownCloud hosting feature is intended to be used as an offsite storage/collaboration solution, and is not meant to be a substitute for a long term backup or archiving strategy. Accordingly, a full snapshot of the data stored in the client’s ownCloud is performed nightly and kept for one day. This snapshot is overwritten each evening reflecting any new additions, removals, or edits to the files residing in the client’s ownCloud. End users “may” be able to retrieve deleted documents from their Deleted Files folder via the ownCloud web interface for up to 30 days.*
*Exact length of retention time is based upon the free storage remaining in each end user account and thus it cannot be guaranteed.
IP Address Overlap
Alkon administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Alkon staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Any web site that uses an excessive amount of server resources (i.e. CPU, memory usage, etc.), as determined by Alkon in its sole discretion, will be given the option to either pay additional fees to maintain such usage or reduce the resources used to an acceptable level. In addition, Alkon shared web hosting accounts are not to be used for the purpose of distributing and/or storing unusually large amounts of multimedia files.
Technical Support Resources
Any customer that uses an excessive amount of technical support resources, as determined by Alkon in its sole discretion, will be given the option to either pay additional fees for support or reduce the technical support resources used to an acceptable level.
The customer is responsible for protecting customer’s password and for any authorized or unauthorized use made of customer’s password. The customer will not use or permit anyone to use Alkon’s service to guess passwords or to access other systems or networks without authorization. Alkon will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Alkon reserves the right not to accept postings from newsgroups where we have actual knowledge or reasonably suspect that the content of the newsgroup violates this AUP.
Internet Relay Chat (IRC)
Alkon does not allow IRC or IRC bots to be operated on our servers.
By registering or signing up for any services, customer agrees to indemnify Alkon for any violation of these AUPs or any law that results in loss to Alkon or the bringing of any claim against Alkon by any third-party. This means that if Alkon is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Alkon, plus costs and reasonable attorney’s fees.
Disclaimer of Responsibility
Alkon is under no duty to monitor each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility to police Internet-related activities. Alkon disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy. In addition, because Alkon cannot monitor or censor the Internet in any meaningful manner, and will not attempt to do so, Alkon cannot accept any responsibility for injury to its customers arising from inaccurate, unsuitable, offensive or illegal Internet communications.
The Alkon service is provided on an as-is basis, without any warranties of any kind, either express or implied. Alkon expressly disclaims any representation or warranty that the Alkon service will be error-free, secure or uninterrupted.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
Suspension, Disclosure and Responsibility
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. Alkon will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with this AUP or law, however whenever Alkon becomes aware of harmful activities, it may take any action to stop the harmful activity, including, without limitation, removing information, shutting down the web site, implementing screening software designed to block offending transmissions, denying access to the Internet or any other action it deems appropriate.
Alkon will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority or when public safety is at stake. Alkon may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Furthermore, Alkon may disclose information, including, without limitation, information regarding a particular customer, a transmission made using our network or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Alkon assumes no obligation to inform the customer that his, her or its information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Alkon may disclose customer information or information transmitted over its network where necessary to protect Alkon and others from harm, or where such disclosure is necessary to the proper operation of the system. We hope this AUP is helpful in clarifying the rights and obligations of our customers. Any complaints about a customer’s violation of this AUP should be sent to [email protected].
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 herein.