K-Factor Technologies agrees to provide client free or paid e-commerce storefront and web site hosting. K-Factor Technologies will never require client to advertise for K-Factor Technologies on their website in any way shape or form. Client is allowed to use site for business/commercial sales.

Active Status - Free Packages Only:

Free Website and free storefronts must be connected to each other and must generate atleast 5 valid orders per month to be considered active. Free Websites hosted by Site4.com and/or any K-Factor Technologies server that are not connected to the free storefront that came with the free website will be considered inactive even if orders are being generated and will be deactivated with or without notice. Site4.com / K-Factor Technologies will be the sole arbiter as to what constitutes a violation of this provision.

Content:
All services provided by K-Factor Technologies 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, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless K-Factor Technologies from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links 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. K-Factor Technologies will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:

• Pirated software
• Hackers programs or archives
• Warez Sites
• Porn
• Lingerie / Undergarment products displayed on live models/persons
• Celebrity products and/or images with bikini, swimwear, sexy or like attire.
• Celebrity screensavers and/or program skins.
• Spamming Software

K-Factor Technologies will be the sole arbiter as to what constitutes a violation of this provision.

Background Running Programs:
As a general rule we do not allow background running programs. We may allow programs to run continually in the background , these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.

CGI Scripts
Each K-Factor Technologies account comes fully equipped to handle cgi and perls scripts from any directory in your hosted area (except in a directory called cgi-bin) . Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by K-Factor Technologies is not allowed.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may  be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through K-Factor Technologies' Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the K-Factor Technologies Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the K-Factor Technologies Network. If you use a domain name in connection with the K-Factor Technologies Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security
Customers may not use the K-Factor Technologies Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. K-Factor Technologies will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
K-Factor Technologies reserves the right at its sole discretion to refuse or cancel service. Violation of any of K-Factor Technologies' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Spam Or Unsolicited E-Mail:
You must not use the K-Factor Technologies Network, K-Factor Technologies equipment or any K-Factor Technologies email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the K-Factor Technologies Network, K-Factor Technologies equipment or any K-Factor Technologies email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, K-Factor Technologies reserves the right to disable your domain. In addition, K-Factor Technologies may impose a $500 penalty for each spam policy violation. K-Factor Technologies solely reserves the right to refuse or cancel service to known spammers. Lastly, K-Factor Technologies reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

As such, any violation will result in immediate deactivation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, swear at, or cause harm to a K-Factor Technologies server, customer, employee, or the parent company (K-Factor Technologies, Inc.) directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold K-Factor Technologies, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against K-Factor Technologies, Inc., 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless K-Factor Technologies, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with K-Factor Technologies, Inc. server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of K-Factor Technologies, Inc. to the amount paid for service.

Disclaimer
K-Factor Technologies, Inc. will not be responsible for any damages your business may suffer. K-Factor Technologies, Inc. makes no warranties of any kind, expressed or implied for services we provide. K-Factor Technologies, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by K-Factor Technologies, Inc. and its employees. K-Factor Technologies, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

K-Factor Technologies, Inc. furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, K-Factor Technologies, Inc. wishes to emphasize that in accepting services, customers indemnify K-Factor Technologies, Inc. for the violation of any law or K-Factor Technologies, Inc. policy, that results in loss to K-Factor Technologies, Inc. or the bringing of any claim against K-Factor Technologies, Inc.. This means that if K-Factor Technologies, Inc. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against K-Factor Technologies, Inc., plus costs and reasonable attorneys' fees.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

K-Factor Technologies, Inc. reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.