Content: All services provided by Host By K shall be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. This is also true for sites that promote any illegal activity or content that may be damaging to our provider's servers or any other server on the internet. Links to such materials are prohibited. This also includes, but not limited to, Adult sites, pirated software, hacker programs/archives, MP3, and Warez sites. Host By K is not responsible for any claims arising from our customers' use or abuse of our service.

Background running programs: we allow programs to run continually in the background. These are considered on a by-case basis, and an extra charge will be charged based on system resources used and operational maintenance needed. IRC: We currently DO NOT allow IRC or IRC bots to be operated on our provider's servers.

Commercial Advertising- Email (SPAM): Spamming, or the sending of unsolicited commercial email initiated by any of our users is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Host By K and associates will be the sole arbiter as to what constitutes a violation of this provision if complaints are reported to us on your email account though us. Additionally, claims investigated by our provider about spam from any of our users, can be fined and billed for such work. The fee for such an instance, if you are found to be at fault, is $.50 per email sent and up to a $500 fine per incident.

Server abuse: Any attempts to undermine or cause harm to any Host By K server or customer of Host By K is strictly prohibited. Any account that abuses resources calls for immediate de-activation without any refund of payments made, if actions are not taken to desist. Any site using what we deem to be excessive cpu cycles or any resources that causes strain to other sites may also be required to pay additional fees to continue to do so.

Bandwidth: All sites hosted by Host By K have the privilege of unthrottled bandwidth. This means your site is placed on our provider's ultra-fast servers and connected to multiple backbones which allow a user to surf your site at unrestricted speeds. If they surf your site using a 56k modem or a 45mbps DS-3, your site will always be reachable. You are not penalized for the high-bandwidth web surfer which may create high traffic spikes. Sites are not restricted to a traffic rate, but if your site's monthly usage is above your monthly total allotment, you will be asked to upgrade to the next higher hosting level. We will work with clients to keep their sites alive and fast at all times. Monthly limits and hosting packages located can be found in our Hosting Packages page.

Back-ups: Our provider performs daily backups on all of our servers to ensure critical files are never lost. Our server software does create daily backups for users sites that you may download on your own to restore a file that has accidentally been deleted or modified. The backup restoration is for emergency purposes only. You are advised to backup all of your own files to your local drive. Host By K is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups.

Billing: Payments are due on the 15th day of every month. Accounts 5 days past due will be de-activated. Accounts 10 days past due will be deleted from the server without a refund of any payments made thus far. If any Host By K customer fails to abide by any of the terms or conditions herein, the account in question will be automatically deactivated.

Cancellation: Cancellation can be made via email to our Contact Page. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration. 

These terms may be modified at any time and without notice and will be posted herein. All users are subject to the newest terms posted here at all times. Revised 09/16/03