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Smoky Mountain Hosting
  Taking Web Hosting to New Heights

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Acceptable user policies


                            All services provided by Smoky Mountian Hosting 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 or International 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 secret
                            and other statue. The subscriber agrees to indemnify and hold harmless
                            Smoky Mountian Hosting from any claims resulting from the use of the service
                            which damages the subscriber or any other party.

                            Note: Pornography and sex-related merchandising is prohibited on all our
                            servers. This includes sites that may infer sexual content, or link 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.

                            Examples of unacceptable content or links: Pirated software, Hacker's
                            programs or archives, Warez Sites, IRC Bots,Mp3.

                       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.
                            Contact hostmaster@kndenterprises.com for detail.

                       IRC

                            We currently do not allow IRC or IRC bots to be operated on our servers.

                       Commercial Advertising - E-mail

                            Spamming, or the sending of unsolicited e-mail, from an Smoky Mountian Hosting
                            server or using an e-mail address that is maintained on an Smoky Mountian Hosting machine is STRICTLY prohibited. Smoky Mountian Hosting will be the
                            sole arbiter as to what constitutes a violation of this provision.

                            Smoky Mountian Hosting shall be the sole arbiter of what is and is not a violation
                            of these acceptable use policies. Smoky Mountian Hosting reserves the right to
                            terminate an account at any time and for any reason that causes harm to
                            any Smoky Mountian Hosting customer's web sites.

                            Smoky Mountian Hosting reserves the right to delete all content and files upon
                            termination. Smoky Mountian Hosting reserves the right to withhold any pre-paid
                            funds for any site removed for violations of these policies. Smoky Mountian Hosting reserves the right to refuse, cancel, or suspend service at our
                            sole discretion.

                            Smoky Mountian Hosting reserves the right to change these Policies without prior
                            notice or warning. Non-enforcement of any part of these Policies does not
                            constitute consent.

                            All complaints will be investigated promptly

                       Payment Obligations

                            Service Fees. By the First (1st) of each month, Smoky Mountian Hosting shall
                            either (i) debit Client's credit card (where such information is provided by
                            Client) or (ii) deliver by e-mail or regular mail an invoice to Client in
                            accordance with the applicable Services fees for services rendered for the
                            current month. Where an invoice is delivered to Client, Client shall remit
                            payment to Smoky Mountian Hosting by no later than the 10th of the month. If
                            payment is not received by the due date, a $10 late fee will be charged.  If
                            payment is not received by the 25th, the account will be cancelled until
                            the past due amount, late fee, reinstatement fee and next months charge
                            is paid.  Smoky Mountian Hosting shall be entitled to immediately terminate this
                            Agreement for Client's failure to make timely payments to Smoky Mountian Hosting. If Client terminates this Agreement in accordance with the
                            regulations stated below, Client shall be responsible for any outstanding
                            fees owed to Smoky Mountian Hosting and agrees to pay any and all fees incurred
                            by Client. Because the Services are provided on a monthly basis, Client
                            will be responsible for Service fees incurred each month regardless of
                            when Client provides notice of termination. Thus, for example, if Client
                            provides notice to terminate on the 15th of a particular month, Client will
                            still owe fees for the entire month and such fees will not be pro-rated or
                            refunded. If Client has retained the Services for one (1) year and has
                            pre-paid Smoky Mountian Hosting for such Services, refunds will NOT be issued
                            for any unused service fees. Therefore, if Client's account is cancelled at
                            any point during the one (1) year term, Client will NOT be entitled to a
                            refund for the months remaining.  Domain Names. If Client chooses to
                            register a domain name(s) through Smoky Mountian Hosting, Client acknowledges
                            and agrees that Client will pay a registration fee(s) to register the domain
                            name(s) with the applicable domain name registrar. Smoky Mountian Hosting
                            does not offer refunds for domain name registrations for any reason,
                            including misspelling of the domain name.

                       Term, Termination and Reinstatement

                            Subject to the terms and conditions hereof, this Agreement shall be
                            effective on the date you register for the Services, and shall continue in
                            effect on a month-to-month basis unless otherwise specified by separate
                            agreement (the "Term") unless terminated earlier pursuant to the
                            provisions of this Section. Either party will have the right to terminate this
                            Agreement upon notice to the other party. If Client is terminating this
                            Agreement, Client must notify Smoky Mountian Hosting by the 25th of the month
                            in writing that they wish to cancel.  Any notification after the 25th will
                            result in client be responsible for another month of service.  If KnD
                            terminates clients account due to non-payment, Client shall be allowed to
                            re-instate Client's use of the Services after paying a Fifty Dollar ($50)
                            re-instatement fee, any past due amount and late fees, and one month's
                            service fees before re-instatement.  Once payment has been received,
                            Client's account will be activated within Forty-Eight (48) business hours.
                            Smoky Mountian Hosting will maintain an archival copy of Client's Web site for
                            Fourteen (14) days


                          Refund Policy

                            Smoky Mountian Hosting maintains a strict refund policy. The following defines
                            your rights to a refund:

                                      You may cancel your web hosting account within 30
                                      days if unsatisfied.

                                      When cancelling your account you have to indicate
                                      the exact reason for a refund request.

                                      Refunds will not be processed if you cannot provide
                                      a clear reason as to why you want one.

                                      Refund requests after 30 days will be ignored!

                                      If you do not wish to renew your account for the next
                                      month, you must notify us of this by the 25th of this
                                      month.  Example.  If you want to cancel starting in
                                      May, you must let us know by April 25.  Any
                                      cancellation after this date will be considered an
                                      automatic renewal for the next month

                                      Any chargebacks initiated by non-fullfillment of a
                                      refund request will be ignored. We will prosecute

                                      you for initiating a chargeback. A chargeback ius
                                      when you dispute a charge even though you have
                                      given us authorization to charge your card and you
                                      do not come to us to get it resolved before going to
                                      the credit card company.

                                      Any chargebacks will automatically cause your
                                      credit card number to be black listed on a merchants
                                      black list which will render your credit card useless
                                      on 90% of the Internet.

                                      Domain registrations are strictly non-refundable, if
                                      we get a chargeback for the domain registration fee
                                      then that domain name will be revoked and your
                                      credit card will be black listed.

                            Smoky Mountian Hosting reserves the right to change this policy at any time
                            without any prior notice


 

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