AIKORN
 Sunday, September 24, 2017

Aikorn's Terms & Conditions

Your agreement and acceptance of these Terms and Conditions or use of Aikorn Internet Services ("Aikorn") construes acceptance of these Terms and Conditions and Acceptable Use Policy which supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order. Aikorn reserves the right to modify these Terms and Conditions and Acceptable Use Policy and change pricing and/or services at any time without notice.

No Warranties:
With respect to the services provided, unless outlined below, Aikorn makes no warranties of any kind, whether expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. Aikorn takes no responsibility for any damages suffered by Customer, including, but not limited to, loss of data from delays, non deliveries, mis-deliveries, or service interruptions caused by Aikorn's own negligence or Customer's errors and/or omissions. It is a customer's responsibility to maintain their web pages. Aikorn is not responsible for loss of data in regards to web pages. The owner of the web page must keep a valid copy of all web space material.

LIMITED 30-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY; LIMITATIONS ON AIKORN'S OBLIGATIONS AND LIABILITIES:

A. Aikorn offers a 30-day money-back guarantee on its dial-up internet access product. If the Customer is not completely satisfied with the product and cancels his/her account within the first 30 days and has used the account less than a total of five hours, he/she is entitled to receive a full refund of any amount paid to Aikorn, less any set-up or installation fees.

B. To receive the refund the customer must notify Aikorn, via electronic mail, at customercare@aikorn.com of their service cancellation. This electronic mail must be received by Aikorn within 30 days of the account's creation. Aikorn will then confirm that the customer used the account less than five hours, and if so, refund the amount to the customer.

C. After the initial 30-day period or more than five hours of use, services provided by Aikorn to the Customer shall be deemed accepted for all purposes. No claim related to such accepted services may be raised at a later date.

D. Aikorn's liability to Customer hereunder is limited to the amount paid to and received by Aikorn. Aikorn will use its best efforts to maintain performance, but AIKORN MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Aikorn CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER Aikorn NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on Aikorn's part, even if Aikorn has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Customer's local jurisdiction's laws will apply only to the extent they override this agreement.

E. Customer will take all necessary measures to preclude Aikorn from being made a party to any lawsuit or claim regarding Aikorn services provided to Customer. Customer hereby agrees to indemnify and hold harmless Aikorn from any and all such lawsuits or claims.

F. Refunds will only be applied to customers that have adhered to all of the term and conditions outlined in Aikorn's terms and conditions and acceptable use policies outlined in the subscriber agreement.

G. Aikorn reserves the right to modify, amend or cancel this guarantee at any time and may deny refund for cause at its sole and absolute discretion.

Limited 99% Network Availability Guarantee; DISCLAIMERS OF WARRANTY; LIMITATIONS ON AIKORN'S OBLIGATIONS AND LIABILITIES:

A. Aikorn offers a 99% Network Availability Guarantee on each of its dedicated Internet access products. If the Customer's service is interrupted or does not meet the performance standards of the product description for greater than 1% of the billing period, the Network Availability Guarantee is applicable. Please note that any outages or deficiencies that are the result of the customer's actions do not constitute an outage in terms of this guarantee. As part of its network management and monitoring, Aikorn will attempt to calculate any credits on a real-time basis. Should the customer feel that Aikorn has missed a credit, they can then apply by sending an e-mail to customercare@aikorn.com. Aikorn must receive all claims within 45 days of the close of the billing period in question.

B. Should a credit be applicable, Aikorn determines the sum of the outages (rounded up to the nearest whole hour) related to server interruption. This figure is divided by 720 (Aikorn's total hours per billing cycle), to derive the percent of the billing cycle that the service was impaired. The percentage is then applied to the total monthly service charge to calculate the account credit amount. The total credit is then applied to the customer's account for the next billing period.

C. Aikorn's liability to Customer hereunder is limited to the amount paid to and received by Aikorn. Aikorn will use its best efforts to maintain performance, but AIKORN MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Aikorn CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER AIKORN NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on Aikorn's part, even if Aikorn has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Customer's local jurisdiction's laws will apply only to the extent they override this agreement.

D. Customer will take all necessary measures to preclude Aikorn from being made a party to any lawsuit or claim regarding Aikorn services provided to Customer. Customer hereby agrees to indemnify and hold harmless Aikorn from any and all such lawsuits or claims.

E. Refunds will only be applied to customers that have adhered to all of the term and conditions outlined in Aikorn's terms and conditions and acceptable use policies outlined in the subscriber agreement.

F. Aikorn reserves the right to modify, amend or cancel this guarantee at any time and may deny refund for cause at its sole and absolute discretion.

USE OF SERVICE & RESTRICTIONS:
This service may only be used in accordance with Aikorn's Acceptable Use Policy. You may not resell any account or service provided to you by Aikorn.

PRICING:
Aikorn Internet Services reserves the right to change its pricing at any time. If the customer is on a prepaid account, the customer has the right to accept or deny the new rates. Should the customer deny the new rates, Aikorn shall provide the customer a prorated refund at current rates of any unused time.

PAYMENT POLICIES:
Automated credit card or check debit processing will be automatically renewed on your Account expiration date, unless account is cancelled 72 hours in advance of the expiration date. If cancellation request has not been confirmed prior to 72 hours, Aikorn is not responsible for auto processing charges, and customer agrees to accept responsibility with bank or credit card company. There is a $15.00 service charge for each returned check. Delinquent accounts will be placed on "hold" and may not be used until the account is brought up to date. Once account is placed on "hold" Aikorn cannot guarantee a users mail file will be unaffected.

NON RENEWALS:
Non renewed accounts that are unpaid after 14 days will be deleted. Deleted/terminated accounts may be reinstated upon payment of any outstanding charges. There will be a $10 reactivation fee to reinstate a terminated account. Interruption of accounts does not relieve you from past due charges. After termination of account Aikorn does not guarantee reservation of previous login. Aikorn is not responsible for loss of data in regards to web pages.

HAZARDS OF THE INTERNET:
You understand that the Internet provides access to adult and sexually explicit material, which may not be suitable for minors and may be offensive to some users. In some cases, computer viruses and other unwanted effects may result from accessing the Internet. Assume that communications on the Internet are not private. Aikorn does not manage the activities of its users. You are responsible to monitor and censor the activity on your account.

CUSTOMER CARE:
Setup fee includes initial configuration only. If at any time you need assistance in configuring your computer again, instructions can be mailed to you at no fee or Aikorn can help you reconfigure your Internet connection for an additional setup fee to be charged on your credit card only.

INDEMNIFICATIONS:
Aikorn is not responsible for any telephone charges incurred by dialing a number that is not local to you. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND UNDER NO LEGAL THEORY SHALL AIKORN OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE AIKORN; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Aikorn'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AIKORN RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT AIKORN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. In no event shall Aikorn's total liability for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the aggregate dollar amount paid by subscriber to Aikorn under this Agreement. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF Aikorn IS AT YOUR SOLE RISK. SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Aikorn INC, ITS AGENTS, OR ITS EMPLOYEES SHALL CREATE A WARRANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CERTAIN SUBSCRIBERS. THE ABOVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES ARE MATERIAL PARTS OF THE BARGAIN BETWEEN THE PARTIES AND ARE REFLECTED IN SERVICE PRICING. Subscriber agrees, at Aikorn's request, to indemnify and hold Aikorn Inc harmless from any claims and expenses, including reasonable attorneys' fees and expenses, related to Subscriber's violation of this Agreement.