PIKX USER POLICY

Terms and Conditions | Abuse Policy | Cancellations | Refunds

Terms & Conditions

PIKX shall not, in any way, be held responsible for any claims or damages caused by any of its customers. You agree to use all of the services provided by PIKX at your own risk. The use of PIKX services including but not limited to it's e-mail services, dial-up services and hosting services unless otherwise stated are for entertainment purposes only. PIKX specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall PIKX be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify PIKX against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of PIKX. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by PIKX, its employees, by its own negligence, or your errors or emissions.

This is an agreement between you and PIKX. Your Internet service is between you and/or your designated representative. You agree that your username and password and changes to both of these items are your responsibility.

User is responsible for all use of User accounts(s) and confidentiality or password(s). PIKX will suspend access or change access to User’s account(s) immediately upon notification by User that his/her password has been lost, stolen, or otherwise compromised.

Customer must be 18 years of age or their parents must be responsible for all Terms and Conditions.

The modems utilized by the Company to provide the Services are engineered for speeds up to 56k flex connectivity. However, the Company cannot guarantee a 56k connection if telephone company facilities or your modem are unable to support this connection speed.

Use of PIKX’s name or logo for advertising or promotion of a commercial product or service without the express, written consent of PIKX is prohibited.

PIKX shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, PIKX shall in no event be liable for any long distance charges.

The registration of a domain confers no legal right to that name, as per Inter/NIC regulations. Any domain associated with a closed account for which no alternative name service has been arranged will be unregistered.

PIKX always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supercede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted. In any event that you wish to terminate your account due to the price change, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax PIKX a written request to terminate services. Otherwise, the existing service will be billed at the new rate.

We reserve the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts terminated due to policy violations. We reserve the right to refuse service to anyone at anytime for any reason.

PIKX reserves the right to change its services without notice including, but not limited, to access procedures, hours of operation, menu structures, commands, documentation, and services offered.

You understand that your PIKX service may be interrupted for several reasons. This is including, but not limited to malfunctions, maintenance, improvement, or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. PIKX shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.

You agree that this service is governed by the Laws of the State in which PIKX resides. You agree that County of which PIKX is located shall be the forum for any legal action relating to our services.

Any Internet activity which references back to PIKX or its services in a damaging manner will result in suspension or termination of account(s). Illegal Internet activity using or referencing to PIKX or a PIKX account will result in immediate termination, possible prosecution and assessment of legal fees accrued.

Use of PIKX and the access of your Internet account by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full. This agreement is effective when you first use PIKX and continues until either party terminates service. If either party terminates this agreement, you are still responsible for any charges on your account.

There is not a discount for PIKX to forward your mail or web site, if you choose to terminate your account with PIKX. It is recommended that you continue your account with PIKX for an additional month for forwarding purposes. If you need your site forwarded longer, you will need to continue your account with PIKX for the appropriate amount of time.

PIKX subscribers, who have purchased a personal dial-up account, are not permitted to use their Internet connection to sell or advertise goods or services. This is only permitted to those who have purchased a business account or a virtual server.

PIKX usernames are limited to one dial-in a time. Multiple dial-ins using the same
username are not permitted. These rules apply to email or any other aspect of your account. Abuse and violation of the rules will result in one warning, then termination without refund if the problem persists.

PIKX subscribers, who have not purchased dedicated services, are not permitted to use their dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. PIKX reserves the right to disconnect users who are idle or have been connected for any exorbitant amount of time. Currently, users are disconnected after 20 minutes of inactivity or at 6 hours of continual use.

Impersonating another user or otherwise falsifying one’s username in e-mail or any post of any newsgroup or mailing list is strictly prohibited.

You shall be held liable for any and all costs incurred by PIKX as a result of your violation of these terms and conditions. This is including, but not limited to, attorney fees and cost resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. PIKX’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 one hour, with a minimum of (1) hour charge, plus US $1 for each bulk-email or Usernet message sent, plus US $1 per complaint received.

Non-enforcement of any section of this Agreement does not constitute consent and PIKX reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and PIKX’s agreement on all other paragraphs shall remain valid.
Each PIKX IP customer is responsible for the activities of its customers/representatives or end-users and, by accepting service from PIKX, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a PIKX IP customer will be forwarded to PIKX for action. If violations of the PIKX Abuse Policy (or Terms and Conditions) occur, PIKX reserves the right to terminate services with or take action to stop the offending customer from violating PIKX's Policies as PIKX deems appropriate, without notice.

ANY VIOLATIONS OF THE TERMS AND CONDITIONS WILL RESULT IN ONE WARNING AND THEN TERMINATION WITHOUT REFUND IF THE PROBLEM PERSISTS.

Abuse Policy

The following activities are not permitted:

Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts (bulk e-mail is defined as identical or similar messages sent to 25 or more recipients). Bulk e-mail is defined as identical or similar email messages sent to 25 of more recipients. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting). PIKX accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Unauthorized use, or forging, of mail header information (e.g. "spoofing").
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any PIKX customers or end-users by any means or device.

Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any PIKX customers or end-users whether on the PIKX network or on another provider's network.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Abuse Policy or the Policies of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send e-mail spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.

Using PIKX's Services to interfere with the use of the PIKX network by other customers or authorized users.
PIKX’s customers shall not intentionally: disrupt network activity; attack machines within PIKX’s network or anywhere on the Internet; capture the private data of others; or engage in any other activity deemed malicious or harmful to others. PIKX Systems Administrators reserve the right to determine if any activity meets these criteria.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

VIOLATIONS OF THE ABUSE POLICY WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT WITHOUT REFUND.

Software, Software Usage, and Web Storage

PIKX reserves the right to remove any illegal or potentially damaging software stored on its network/system.
PIKX reserves the right to control what software may be run on our network and/or servers. Such software includes, but is not limited to, software intended to harass or annoy, IRC bots, Usenet "spam" scanners, or bulk mailing software.

PIKX allows clients to run, maintain, and create cgi scripts (and other non-dedicated processes) on PIKX machines. Should a client's process run out of control and consume resources in such a way as to cause degradation of the PIKX network, an employee of PIKX will halt the process. This halting will be followed by an email asking you to overhaul the problem code to work properly before you attempt to run it again. Any testing of new code should be implemented during standard daytime business hours to allow for proper monitoring. Repeated failure to run proper code can result in the loss of your cgi and processor privileges. PIKX consultation fees may also be required to resolve issues with your code in extreme cases. Please remember that PIKX's machines are shared resources and our admins must ensure that they function properly for our entire subscriber base.
Software usage may be disallowed for any subscriber installed program for which source code is not available on request for review by PIKX's technical staff.

Customer is responsible for ensuring that data stored on PIKX’s Internet connect for Web hosting is properly backed up. PIKX disclaims all responsibility for files residing on PIKX’s Internet connection. PIKX and its providers assume no responsibility for any damages caused by Customer’s use of or inability to use these Internet services.

Software Piracy

PIKX does not condone software piracy or copyright violations. We do not, however, needlessly invade our client’s privacy without warning and suspicion of wrong doing. If you have reason to suspect an PIKX client is engaging in illegal activities or copyright violations, please notify PIKX by phone (702 346-2288), fax (702 346-7605), or email (accounting@mesquiteweb.com)
Billing

PIKX bills for most services in advance. Purchases of PIKX services agree to be bound by the Uniform Consumer Credit Code of the State in which 2KDatacom resides. A service charge of 1 1.2% per month will be charged on all past due amounts. If account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court costs.

Billing Statements will be sent via E-mail. If you wish to have your billing statement sent to you via U.S. mail, you will be levied a $2.50 fee for each bill sent to you.

All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by PIKX your account will be disabled and you will be charged a $40.00 service fee.

There will be a $15 fee assessed on all returned checks or failed credit cards.

Cancellations

Customers are responsible for payment in Full, whether the services have been used or not, until the Customer cancels the account according to the provisions set.
Cancellations must be in writing via postal mail or email.
Mailing Address:
650 Hardy Way
Suite 105
Mesquite, NV 89027

Email Address:

accounting@mesquiteweb.com

Please include the following information:
Full name and address
Username and password
Reason for Cancellation

Refunds

No credit adjustments or refunds will be given to customers for the loss of Internet access due to accounts placed on hold for non-payment.

Accounts canceled by PIKX or policy violations are NOT subject to refund.
Refunds are not given for partial month's unused service.