Kahuna's Kreations (the “Company”) agrees to furnish internet and/or web hosting services to the Subscriber, subject to the following Subscriber Agreement (Terms of Service) and Kahuna's Kreations’s Customer Policy. Please be sure to read both documents before becoming a Subscriber. The provisions of the Subscriber Agreement and Customer Policy may be changed, at the sole discretion of the Company, from time to time and without previous notice to the subscriber or customer. Each Subscriber understands that changes by the Company shall not be grounds for early contract termination or non-payment.

Important Notice
Use of Kahuna's Kreations Service constitutes acceptance and agreement to all of Kahuna's Kreations's Subscriber Agreement and customer policies. Any use of a Kahuna's Kreations service is subject to the provisions of this contract and all terms of Kahuna's Kreations’s policies.

This Agreement, and all disputes in regards to, shall be construed in all respects in accordance with the laws of the State of Florida. Use of Kahuna's Kreations services constitutes an acceptance of the State of Florida as proper venue for all disputes.

Payment: Establishment of this service is dependent upon receipt of the stated charges by the Company. Each additional payment is due on the first day of the month for that month's service. All Payments received by Kahuna's Kreations from its customers and subscribers are non-refundable.

Payments and Fees: Accounts not paid by due date are subject to a $10.00 late fee per month of delinquency. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to an additional $25.00 reconnection charge. Service will only be reconnected upon receipt of all amounts due.

If the customer cancels service for any reason, all charges for that period are considered earned for all tasks and services Kahuna's Kreations is to perform.

Accounts that are not collectable by Kahuna's Kreations may be turned over to an outside collection agency for collection. If your account is turned over for collection, you hereby agree to pay the Company a "Processing and Collection" Fee of not less than $100.

Service Rates: Subscriber hereby acknowledges receipt of the nature of the service furnished and the initial rates and charges by the Company. Subscriber is aware that the Company may change the specified rates and charges from time to time in the sole discretion of the Company and without previous notice to its subscribers and customers.

Refund and Disputes: All billing disputes must be reported within 30 days of the time the dispute occurred.. All payments to kahunaskreations.com are nonrefundable.

Failure to Pay: The Company may, in its sole discretion, temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees or other fees as imposed by this Agreement.

Account Cancellation: Requests for canceling accounts must be submitted from within our help desk . All other forms of notice will not constitute acceptance of any cancellation. All cancellations must submitted with at least 5 days notice. By requesting your account cancellation you are requesting that we close your account immediately upon receipt.

New Domain Accounts: All new subscriber accounts requiring new domains should be available within 3 to 5 business days. However, this process may sometimes require up to 7 business days or longer if complications persist. If the new domain is registered by Kahuna's Kreations, on behalf of the account holder, a handling fee will be charged by Kahuna's Kreations. New Subscribers can avoid this charge by registering the new domain themselves. Proof of registration must be furnished to Kahuna's Kreations within 30 days of registering.

Transfer of Domains: If a new Subscriber account will involve the transfer of a domain from another provider to Kahuna's Kreations, a minimum of seven (7) days is required before such accounts will be available. However, such transfers may take up to sixty (60) days due to the unpredictable nature of the transfer process. Therefore, Kahuna's Kreations makes no guarantees regarding the amount of time a domain transfer may take. If the new domain is transferred by Kahuna's Kreations, on behalf of the account holder, a handling fee will be charged by Kahuna's Kreations.

Support Boundaries: Kahuna's Kreations provides technical support to our subscribers. When providing support, Kahuna's Kreations proceeds according to the following guidelines:

Bandwidth and Disk Allocation: Kahuna's Kreations will monitor Customer's bandwidth and disk usage, and shall have the right to interrupt or terminate service if a Subscriber or Customer's bandwidth or disk usage exceeds the agreed allocation. Such corrective action may include the assessment of additional charges, disconnection or reconnection fees for any and all Services, or termination of this Agreement. If Kahuna's Kreations takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

SPAM and Unsolicited Email:
Kahuna's Kreations takes a zero tolerance approach to the sending of unsolicited ads or emails (SPAM) over our network.

This means that subscribers and customers of Kahuna's Kreations:

System Security: Subscribers and customers are prohibited from violating or attempting to violate the integrity and security of the Kahuna's Kreations servers, system, or network. Kahuna's Kreations will investigate reported occurrences and may contact and cooperate with law enforcement authorities to prosecute Subscribers and customers who are believed to be involved in such violations.

 

By using Kahuna's Kreations services and systems, Subscribers and customers agree not to:

Take any action in order to obtain services to which such User is not entitled.

 

Violation of Policies: If inappropriate activity is detected, all accounts of the Subscriber or customer in question will be deactivated until an investigation is complete. Kahuna's Kreations is under no duty to look at each Subscriber or customers’ activities to determine if a violation of the Kahuna's Kreations Subscribers Agreement or Customer Policy has occurred. Kahuna's Kreations does not assume any responsibility through our policies or agreements to monitor or police activities on our servers, system, or network.

Violations may be handled by any of the following corrective actions, as well as to any other actions listed in this Agreement or Customer Policy:

Kahuna's Kreations reserves the right to pursue civil remedies for any costs and/or damages associated with the investigation and correction of any policy violation.

 

Suspension of Service or Cancellation: Kahuna's Kreations reserves the right to suspend network access to any customer if, in the sole judgment of Kahuna's Kreations, the customer's server is the source or target of the violation of any of the other terms of the Kahuna's Kreations Subscriber Agreement or Customer Policy, or for any other reason which Kahuna's Kreations chooses. Prior notification to the Customer is not assured.

Uncontrolled Interruptions of Service: Subscriber acknowledges that the services provided by Kahuna's Kreations can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Indemnification: By agreeing to the Kahuna's Kreations Subscriber Agreement and Customer Policy, and/or using Kahuna's Kreations services, Subscribers and customers agree to indemnify Kahuna's Kreations for any violation that results in a loss to Kahuna's Kreations or the bringing of any claim against Kahuna's Kreations by any third-party, including any damages of Kahuna's Kreations, any awards against Kahuna's Kreations, plus all costs and attorney's fees.

Sub-Networks and Resellers of Kahuna's Kreations Services: The Subscriber Agreement and Customer Policy must be followed by all Sub-Networks, resellers and managed servers of Kahuna's Kreations services. Failure to follow any term or condition will be grounds for immediate cancellation of all Kahuna's Kreations services. You are responsible for insuring the actions of your clients do not violate these Terms of Service.

Kahuna's Kreations recommends that you implement similar or stricter Terms of Service to control your clients and prevent violations of Kahuna's Kreations terms.

Responsibility for Content: Kahuna's Kreations is not responsible for the material input by others and not posted to the Kahuna's Kreations Network by Kahuna's Kreations. Kahuna's Kreations is not responsible for the content of websites linked to the Kahuna's Kreations Network; links are provided as Internet navigation tools only. It is absolutely forbidden to host pornographic content or IRC servers. You, as Kahuna's Kreations's Subscriber and customer, are solely responsible for the content stored on and served by your Kahuna's Kreations server.

Disclosure to Law Enforcement: The Kahuna's Kreations Customer Policy specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the Company may disclose all relevant information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Kahuna's Kreations shall have the right to terminate all service set forth in this Agreement.

Waiver: A waiver by the Company of, or failure to act on, any breach of any provision of this Subscriber Agreement or Customer Policy shall not operate as, or be construed as, a continuing or subsequent waiver of any other breach of any provision thereof, or as a waiver of any legal right or remedy.

Transfer or Assignment: Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Captions: Kahuna's Kreations uses the captions in this Agreement for convenience only and shall not be considered a part hereof or affect the construction or interpretation of any provision of this Agreement.