Terms of Service (TOS)

2011-03-06, 16:45

1. Scope, acceptance and definitions

PageKite.net is an Internet-based website that offers remote front-end service (a.k.a. tunneled reverse proxies), dynamic DNS, domain name service and domain name registration (each a "Service" and collectively "Services"). The website is owned by the Iceland-based private limited liability company, The Beanstalks Project ehf.

The Beanstalks Project ehf, doing business as PageKite.net (and hereafter referred to as "PageKite.net"), provides the Services subject to the terms and conditions set forth in this Terms of Service ("TOS") document.

By completing the sign-up process and ticking the accept check-box, and by your ongoing use of the Services, you ("Customer") are confirming your agreement to be bound by all of the terms and conditions of the TOS.

PageKite.net may amend or modify this TOS or impose new conditions at any time upon 2 weeks written notice from PageKite.net to Customer, either by email or by publication on the PageKite.net website. Any use of the Services by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions. The current version of this TOS may always be found at: https://pagekite.net/support/terms/

In addition to the Services, PageKite.net provides access to computer software, the use and redistribution of which is governed by separate licenses as indicated.

2. Privacy policy

No personally identifiable information that you provide to PageKite.net or information regarding the manner in which you use the Services will be disclosed by PageKite.net except as permitted by this TOS or required by law.

By registering as a user of the service, you agree that PageKite.net may share with other parties aggregate information about your usage. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of customers as a group but does not indicate the identity of particular customers.

In addition, you agree that PageKite.net may share such limited individual information to third parties as is required to provide the Services (including but not limited to information required for billing and payment processing, and registration of Internet domain names).

PageKite.net may also cooperate with police authorities or other official authorities in the investigation of any suspected criminal or illegal activity.

3. Site content, ownership and license

Except where otherwise stated, PageKite.net owns all copyrights related to articles, illustrations, programs, services, processes, designs, software, trademarks, trade names, inventions, and materials published on PageKite.net.

Users, which contribute content, such as comments or contributions to the wiki (including text, images or other files), retain their respective copyright, but by submitting such content to the PageKite.net website an irrevocable and unrestricted license is granted to PageKite.net to publish, modify, delete, redistribute and relicense said content without attribution or explicit consent.

Content contributors accept responsibility for ensuring they have the legal rights to any submitted content and are legally able to grant the above license.

Content contributors also accept our sincere thanks for helping us build a useful site for everyone!

4. Customer domain rights

Customer understands that the sub-domains provided by the PageKite.net service (all names ending in .pagekite.me, .pagekite.us and .pagekite.info) remain the property of PageKite.net and access to said domains may be withdrawn at any time if their use is reasonably considered in violation of this TOS.

Conversely, ownership and rights to any domains registered or delegated to the Customer are in no way altered by Customer's use of those domains with the Services.

5. Acceptable use policy

1. Customer certifies that he or she is of legal age required in his or her home jurisdiction to enter into this agreement.
2. Customer must personally register his or her account using the PageKite.net website. Accounts registered by 'bots' or other unauthorized automated methods are forbidden. Registering multiple accounts for use by the same private individual or organizational unit is forbidden.
3. Customer is solely responsible for his/her usage of the Services. Each Customer is responsible for ensuring that all authorized users of its system or network are aware of and follow this TOS. Customer's use of the Services is subject to, and Customer agrees to comply with, all applicable local, state, national, and international laws and regulations, including but not limited to (1) Local and international Copyright and Intellectual Property laws and (2) Internet regulations, policies, and procedures.
4. Customer is responsible for keeping his or her passwords and shared secrets secure and private. PageKite.net will not be held responsible for loss or damage resulting from Customer's failure to keep these credentials secure.
5. Customer may use the Service for any lawful purpose so long as he or she does not (i) abuse or fraudulently use the Service, (ii) use the Service in a manner that causes interference to or tampers with another authorized user's use of the PageKite.net Service, or (iii) otherwise use the Service in a manner that violates this TOS. The terms of this TOS apply to any application or use of the Service.

Activities that fall within the scope of 5.5(i), (ii) or (iii) above include, but are not limited to, the following:

• unlawful or illegal activities of any kind
• violating any applicable law or regulation
• failure to provide legitimate contact information
• copyright infringement
• search engine spamming
• transmitting or facilitating the transmission of unsolicited commercial email (UCE), bulk email or bulk Usenet articles
• causing or attempting to cause harm to another computer or network, including denial of service attacks of any kind
• causing service unavailability or degradation for other PageKite.net users, whether intentional or inadvertent
• reselling or attempting to resell PageKite.net services without explicit permission from PageKite.net.
• distributing or promoting content of a pornographic or prurient nature, content containing hate speech or libel utilizing PageKite.net owned domains, including but not limited to names ending in .pagekite.me, .pagekite.info or .pagekite.us.

6. Termination of service

PageKite.net may suspend or terminate your account or access rights to Services at any time, without notice, for conduct that PageKite.net reasonably believes violates this TOS or any other applicable policies or guidelines that PageKite.net has posted on the PageKite.net website.

In the case of metered Services, PageKite.net may temporarily suspend service when usage exceeds the amount previously negotiated and paid for (Quota), as measured by PageKite.net. Service will be reinstated within 1 business day of receipt of confirmation of payment for additional usage.

Customer may terminate his or her account at any time, without notice, by using the Unsubscribe feature of the PageKite.net website. An account may not be terminated by e-mail, over on-line chat or over the phone.

7. Fees, payment and refund policy

As consideration for the Services you have selected, you agree to pay PageKite.net the applicable service(s) fees set forth on our website at the time of your selection. All fees are due immediately and are non-refundable. PageKite.net may take all remedies available to collect fees owed.

Unless otherwise specified, each PageKite.net Service is paid for in advance and any subscriptions are for a one-year term. Any renewal of your Services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

Any unused Quota or subscription period is forfeit and non-refundable upon termination of the account. Service Quotas and usage rights to PageKite.net owned domains are non-transferable and non-refundable.

PageKite.net reserves the right to seek remedy in the event of fraudulent payment, charge-back or otherwise uncollectible fees including, but not limited to, suspending all Services rendered on Customer's domain names and commencing litigation.

8. Service level agreement (SLA)

Customer recognizes that all PageKite.net Services are, unless otherwise stated, provided on a "best-effort" basis, where PageKite.net will not be held liable for temporary or ongoing degradation of service.

Specifically, no guarantees can be made about the speed or availability of PageKite.net Services, front-ends and DNS servers.

If a Service becomes globally unavailable for a period of over 5 consecutive business days without prior notice, and it can be reasonably argued that PageKite.net bears responsibility for the outage, subscribers to that Service shall be granted the option of canceling their subscription and receiving, where applicable, a refund for the unused portion of their Quota or subscription term.

Furthermore, Customer recognizes that PageKite.net aims to please and aims to provide the best service we can!

9. Indemnification

Customer agrees to hold PageKite.net, its suppliers and authorized retailers harmless from any claims, whether brought by Customer or by a third party, and expenses, including reasonable attorney's fees and court costs, related to or arising from Customer's breach or violation of any of the terms of this TOS, or from any information, software or content placed by Customer on the pagekite.net website or on a server accessible through the Services.

10. Choice of law

This TOS shall be construed and controlled by the laws of Iceland.

Any dispute arising from the terms of this TOS or a breach of this TOS will be governed by the laws of Iceland and shall be brought to the District court of Reykjavik, Iceland. Customer agrees to submit to the jurisdiction of that court.

11. Disclaimer of responsibility for third party content

PageKite.net assumes no responsibility for the content of any material located on third party servers outside its control, including all servers accessed through a Service. PageKite.net has no control over websites or other material hosted on such external servers.

PageKite.net retains the right, in its sole discretion, to terminate Services pursuant to Section 5 above if a Customer's conduct in hosting such content violates the TOS.

12. LIMITATION OF LIABILITY AND WARRANTY

CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. PAGEKITE.NET'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PAGEKITE.NET SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, PAGEKITE.NET DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT PAGEKITE.NET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER PAGEKITE.NET NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. CUSTOMER AGREES THAT CAPS LOCK IS AWESOME FOR LEGALESE. CUSTOMER AGREES THAT PAGEKITE.NET WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF CUSTOMER'S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER PAGEKITE.NET HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.