We have a responsibility to protect each customer and to provide the best service available. The following guidelines were designed to ensure all customers receive quality service.
KiddoSoft is operated by Entropy Software, LLC, an Ohio limited liability company.
Customer is hereby defined as any person or entity utilizing any service from KiddoSoft.
Customer's use of KiddoSoft services constitutes Customer's acceptance of all Terms and conditions. Customer also agrees to be bound by any change in these terms which may be published via KiddoSoft services while you are a customer of KiddoSoft services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact KiddoSoft immediately so that we may close your account. KiddoSoft reserves the right to change the Terms of Service without prior notice or warning.
- KiddoSoft reserves the right to refuse, cancel, or suspend service at our sole discretion.
- KiddoSoft shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
- KiddoSoft has the right to delete all content and files upon termination. KiddoSoft reserves the right to withhold any prepaid funds for any site removed for violations of these policies.
- All orders are subject to acceptance by KiddoSoft.
- The customer must be 18 years of age to obtain our service.
- Failure to follow any term or condition will be grounds for immediate account deactivation.
- Failure by either you or KiddoSoft to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
- If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.
- It is expressly understood that there are no oral agreements or understandings between you and KiddoSoft which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via KiddoSoft service, constitutes the entire agreement
KiddoSoft may cancel specials at any time. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment.
- For customers who have purchased a yearly web hosting plan or paid in advance and wish to cancel before the end of the plan, we will refund the balance, however you will be charged the full monthly rate for services provided, minus the prepayment discount. For example, if you cancel a $399/year contract in the middle of your first month of service, you'll only be refunded $279 (which is $399 minus the two free months, minus one month of hosting).
- KiddoSoft currently accepts payments through eProcessingNetwork.
- All fees are payable in advance for the upcoming month (unless prepaid) on a anniversary date billing cycle. Although you may cancel your service at any time, you remain responsible for any outstanding moneys due and payable at the time of cancellation. You are responsible for notifying us when you wish to cancel your service. You may email email@example.com; we'll send you directions on how to proceed with the cancellation.
- Payments are billed automatically each payment period to the credit card or PayPal account on file until we receive an authenticated cancellation. Trial periods end once you've activated your website by setting up a payment. You will only be refunded for unused web hosting services if you have prepaid for more than 1 month.
- All prices are US dollars.
- Sales and use taxes and all other applicable taxes which are applicable to the provision of services shall be incurred by Customer regardless of whom the taxes are or were imposed upon.
- It is the sole responsibility of the customer to ensure their payment information is maintained current and available for payment of incurred fees. If you default, you agree to pay KiddoSoft its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.
- Refunds will be issued in the same manner that payment was made. If you paid by check, we reserve the right to wait 30 days (for your check to clear) before issuing a refund check. This guarantee does not apply to additional services such as web design.
- Accounts that are past due in payment of balances due will be given 7 days notice (via email to the address we have on file - it is CUSTOMER'S RESPONSIBILITY TO UPDATE US WITH THEIR EMAIL ADDRESS CHANGES). If no response is received in that period, the account may be temporarily deactivated, and a $10 reactivation fee will apply to have the account reactivated. If after 14 days of suspension, payment is still not received the account may be deleted, including all stored email. Late payments may be subject to a $10 late fee.
- Credits and free month(s) of hosting do not have a cash value, and as such, are not refundable.
- Setup fees, upgrade fees, domain names and custom development fees are nonrefundable.
- Cancellation requests will result in immediate termination of websites unless specific directions are given to keep the website online until the end of the prepaid term.
- If your online or physical check is returned to KiddoSoft unpaid, you agree to pay a returned check charge of $25.00.
- You will be billed an $80 administrative fee for each unwarranted chargeback we receive from your account.
- If you default, you agree to pay KiddoSoft reasonable collection expenses, including attorney and collection agency fees.
- The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies KiddoSoft in writing for a request for cancellation of services.
- KiddoSoft reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and refunded by KiddoSoft if KiddoSoft institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
- Domains purchased through KiddoSoft can be transfered to an external registrar with no charge from us, given that the transfer is started as a subscriber. Past-due accounts must be made current in billing prior to transfer.
- Cancellations must be received at least two days prior to your next scheduled billing in order to avoid charges in full for the next cycle. For security reasons, the cancellation form must be filled out by an authenticated administrator to constitute cancellation.
- Our live broadcasting upgrade is also on a month-to-month commitment, even when paying annually, with the same prorated refund available as outlined in Section 2.2. Customer is responsible for all overage fees of $0.50 per viewer-hour over the 20 included with the monthly fee.
- PROHIBITED USES
Accounts used as a backup facility, or which negatively impact other customers, are prohibited. Due to the unique resource characteristics and traffic patterns associated with certain types of sites, we reserve the right to restrict this.
- Any attempt to undermine or cause harm to a server, or customer, of KiddoSoft is strictly prohibited. There shall be no attempt to gain unauthorized access to KiddoSoft systems or accounts, disrupt service or network connectivity, misuse KiddoSoft facilities, or create fraudulent accounts.
- Administrative intervention required due to abuse of any of the policies in the Agreement will be billed to the user at $100 per hour. Customer shall be held liable for any and all costs incurred by KiddoSoft as a result of customer violation of these terms and conditions; including but not limited to attorney fees.
- Abuse of the legal rights of others is forbidden. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers.
- Violations of the KiddoSoft system or network security are prohibited, and may result in criminal and civil liability. KiddoSoft will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. KiddoSoft reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. Examples of system or network security violations include, but not limited to, the following:
- Attempt to circumvent any user authentication or security of host, network, or account.
- Accessing data not intended for user.
- Probing the security of any network.
- Mailbombing (inundating a user with email without any serious intent to correspond)
- Generating a higher volume of outgoing mail than a normal user (over 10% of system usage),
- Subscribing someone else to an electronic mailing list without that person's permission.
- All services provided by KiddoSoft may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. You agree that KiddoSoft may remove objectionable materials residing on the KiddoSoft server. Such removal shall be at KiddoSoft's sole discretion and KiddoSoft shall be the sole judge of what constitutes objectionable material.
- Abuse of the law. KiddoSoft's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating US export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. KiddoSoft reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
- Customer will take no steps to hide, obscure, move, or otherwise
modify advertisements shown on their site.
- KiddoSoft accounts may not host or handle material that contain the following content or links to content elsewhere. KiddoSoft will be the sole arbiter in determining violations of this provision:
- Pirated software
- Hackers' programs or archives
- Warez Sites, material which promotes the illegal distribution of software
- IRC Bots
- Copyrighted media files
- Nudity, pornography, adult material and sex-related merchandising. This includes sites that may infer sexual content, or links to adult content elsewhere.
- Discriminatory/hate propaganda
- Any material that results in reasonable complaints from other customers or third parties.
- Sites that promote any illegal activity or present content that may be damaging to KiddoSoft servers or any other server on the Internet
- We reserve the right to suspend or re-price
any account using more than 10% of server resources.
- KiddoSoft's mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list.
- Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave.
- Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. If you are found to have spammed, then we will immediately, without warning, disable your domain. As such, violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. KiddoSoft will be the sole arbiter as to what constitutes a violation of this provision.
- We reserve the right to disable email addresses that are receiving a large amount of spam. This includes, but is not limited to, forwarding addresses to hosts with sensitive spam triggers (Comcast, BellSouth, AOL, etc).
- We consider spam, without limitation, to be any of the following:
- Any mass unsolicited message in the mediums of newsgroups and email (sending unsolicited messages to those with which the customer has no existing business relationship).
- Passive spamming (promoting a web site hosted by KiddoSoft by spamming from some other source)
- A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages.
- CUSTOMER RESPONSIBILITY
The customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The customer is responsible for securing their username/password. The customer assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). The customer agrees that he or she has the necessary knowledge to create and maintain their web space. Customer agrees that it is not the responsibility of KiddoSoft to provide this knowledge or support outside matter specific to KiddoSoft's servers.
Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the customers' responsibility to maintain local copies of their web content and any information. If loss of data occurs due to an error of KiddoSoft, KiddoSoft will attempt to recover the data for no charge to the customer. If data loss occurs due to negligence of customer in securing their account or by an action of the customer, KiddoSoft will attempt to recover the data from the most recent archive for a $50.00 fee.
In the event that KiddoSoft ceases operations, every effort will be
made to sell all subscribed accounts to a company which will provide a similar
level of service, resulting in little to no changes on the subscribers' side.
If it becomes necessary to close down entirely, each customer will receive a
copy of all software needed to make their site work with another provider.
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. KiddoSoft makes absolutely no warranties whatsoever, express or implied, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.
KiddoSoft shall not be responsible for any claimed damages, including incidental and consequential damages, including lost profits which may arise from KiddoSoft's servers going off-line or being unavailable for any reason whatsoever. Further, KiddoSoft shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of KiddoSoft's servers. IN THE EVENT KiddoSoft IS FOUND LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL KiddoSoft BE LIABLE FOR AN AMOUNT IN EXCESS OF THE AMOUNTS PAID TO KiddoSoft UNDER THIS AGREEMENT.
Customer 's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of KiddoSoft which consent shall not be unreasonably refused.
Customer will take all necessary measures to preclude KiddoSoft from being made a party to any lawsuit or claim regarding KiddoSoft services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless KiddoSoft from any and all claims of whatever nature, expenses, demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against KiddoSoft, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
- GOVERNING LAW & JURISDICTION
Notwithstanding that you, your web site or your server may reside outside the State of Ohio, including outside of the United States of America, you agree that this Agreement shall be governed by the laws of the State of Ohio.
You and KiddoSoft agree that the law of the State of Ohio, USA will apply to all matters relating to this Agreement and to KiddoSoft services. In addition, you and KiddoSoft agree and consent that the courts of Ohio, will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.
Any notices required or permitted hereunder shall be given to the appropriate party at the email address firstname.lastname@example.org, sent from an administrative email address on file for your website. Notices sent through other means are invalid.
KiddoSoft will not be responsible for any damages your organization may suffer. KiddoSoft makes no warranties of any kind, expressed or implied for services we provide. KiddoSoft disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by KiddoSoft and its employees. KiddoSoft reserves the right to revise its policies at any time. Any changes or updates to these Terms of Service will be posted here. Your continued usage of the site constitutes acceptance of any changes or updates.