FIVE K TERMS of SERVICE AND ACCEPTABLE USE POLICY
Five K and its affiliates provide to business users and
their customers several information technology related services, including such
service as Internet access, various electronic mail (email), packages and
services, worldwide web hosting arrangements, and other online and
It is contrary to Five K policy for any user of these
services to affect or participate in any of the following activities through a
Five K -provided service:
To post messages substantially similar in content to ten
(10) or more usenet or other newsgroups, forums, listservs, or other similar
groups or lists (each a "list").
To intentionally post to any list articles that are
off-topic according to the charter or other owner-published FAQ or description
of the group or list.
To send unsolicited email to more than twenty-five (25)
email users, if such unsolicited email could reasonably be expected to provoke
complaints. Except as otherwise defined under applicable law, "unsolicited
email" does not include any message addressed to an individual (i) with
whom the sender has a pre-existing and ongoing business or personal
relationship, (ii) from a non-commercial organization or entity of which the
individual is a pre-existing member or (iii) a posting to a list that does not
otherwise violate this policy.
To harvest email addresses from any source without the
express permission of the owner of that address or addresses in connection with
use of any Five K service.
To falsify user information provided to Five K or to other
users of the service in connection with use of an Five K service.
To engage in any of the foregoing activities by using the
service of another provider, but channeling such activities through an Five K
account, remailer, or otherwise through an FiveK service or using an FiveK
account as a maildrop for responses or otherwise using the services of another
provider for the purpose of facilitating the foregoing activities if such use
of another party's service could reasonably be expected to adversely affect an
Five K service.
To engage in any other activity that is either in violation
of law, threatens the integrity of any computer system, or violates generally
accepted standards of Internet conduct and usage, including but not limited to,
denial of service (DoS) attacks, web page defacement, port and network
scanning, and unauthorized system penetrations. Five K considers the above
practices to constitute abuse of our service and of the recipients of such
unsolicited mailings and/or postings, who often bear the expense. Therefore,
these practices are prohibited by Five K's
terms and conditions of service. Engaging in one or more of these
practices may result in termination or suspension of the offender's account and/or
access to FiveK services in accordance with the customer's agreement with Five
K. In addition, Five K reserves the right, where feasible, to implement
technical mechanisms which block postings and messages as described above
before they are forwarded or otherwise sent to their intended recipients.
This policy addresses only the kinds of network abuse
specifically enumerated above. In addition to these activities, Five K 's terms
and conditions of service (viewable at: www.fivek.com/) also prohibit other
forms of abuse such as harassment and the posting of illegal or unlawful
materials, and Five K shall respond as appropriate to these other activities as
Nothing contained in this policy shall be construed to limit
Five K's actions or remedies in any way with respect to any of the foregoing
activities, and Five K reserves the right to take any additional actions it may
deem appropriate with respect to such activities, including without limitation,
taking action to recover the costs and expenses of identifying offenders and
removing them from the Five K service, and levying cancellation charges to
cover Five K 's costs in the event of disconnection of dedicated access for the
causes outlined above. In addition, at all times, Five K reserves the rights and remedies available
to it with respect to such activities at law or in equity.
Client Access or Third Party Access to Five K Proprietary Software
Ownership of Copyright and Original Works
The Client acknowledges and agrees that Five K retains rights to all Source Code, Development Processes & Know-How, provided or developed by Five K. Five K acknowledges and agrees that Client retains all rights to logos, illustrations, titles, corporate symbols, graphics, text and content provided to Five K for site construction. Five K and Client acknowledge and agree that ownership and copyright to graphics, layout and the web site "design" will transfer to client after full payment of development proposal, but that Five K will retain full copyright to any Server Side Code or Software used in the development maintenance, and operation of this web site. Except for Source Code, Development Processes & Know-How, all work performed by Five K and all work product, excepting third party 'Licensed" product, will become property of client upon client's payment for the same. Five K and Client acknowledge and agree that ownership and copyright of any "Royalty Free" (RF) or "Rights Managed" (RM) stock photography, illustrations, flash animations, audio files, or other third party creative works, remain the intellectual property of the originator, and such use is governed by the licensing agreement in place at time of purchase. Client acknowledges and agrees that all Source Code, Development Processes & Know-How, developed by, or proprietary to, Five K are not part of the work product.
Once Client Access or Third Party Access is requested to applications built by Five K, a HTML/CSS version of the Website or Application will be created to fulfil the request.
VIRTUAL HOSTING SERVICES
Virtual Server. Pursuant to the terms of this Agreement and the Plan selected by Client, Five K agrees to provide Client with: (i) space on a server ("Virtual Server") to host a site on the Internet ("Web Site"), (ii) a revocable; non-exclusive and non-transferable, license to use Five K proprietary software ("Software"), and (iii) various other services as more specifically set forth in Client's Plan (collectively, "Services"). Client hereby agrees that Five K is responsible only for providing the Services set forth in Client's Plan and this Agreement, and Five K is not responsible for providing other services or tasks.
CO-LOCATION Server. Pursuant to the terms of this Agreement and the Plan selected by Client, Five K agrees to provide Client with: (i) space on a server ("CO-LOCATION Server") to host a site on the Internet ("Web Site"), (ii) a revocable; non-exclusive and non-transferable, license to use Five K proprietary software ("Software"), and (iii) various other services as more specifically set forth in Client's Plan (collectively, "Services"). Client hereby agrees that Five K is responsible only for providing the Services set forth in Client's Plan and this Agreement, and Five K is not responsible for providing other services or tasks.
MANAGED, DEDICATED SERVICES
MANAGED DEDICATED Server. Pursuant to the terms of this Agreement and the Plan selected by Client, Five K agrees to provide Client with: (i) space on a server ("MANAGED DEDICATED Server") to host a site on the Internet ("Web Site"), (ii) a revocable; non-exclusive and non-transferable, license to use Five K proprietary software (such as; server software, credit card payment processing software, etc), exempting specific, in-site software (compiled shopping cart files, newsletter files, in the form of web documents [.HTML, .CFM]- that are integral to the design and layout of the web site) ("Software"), and (iii) various other services as more specifically set forth in Client's Plan (collectively, "Services").
Client hereby agrees that Five K is responsible only for providing the Services set forth in Client's Plan and this Agreement, and Five K is not responsible for providing other services or tasks.
In providing Mananged, Dedicated Services, Five K makes use of proprietary software in server administration, as such, Five K's Managed, Dedicated Hosting plans do not include FTP accounts.
The Client acknowledges and agrees that Five K retains rights to all domain names, Source Code, Development Processes & Know-How, provided or developed by Five K, as a service to its point share clients, for the day to day operation of it's networks and infrastructure.
Independent Contractor. Five K and Client are independent contractors and this Agreement shall not establish any relationship of partnership, joint venture, employment, franchise or agency between Five K and Client. Neither Five K's nor Client shall have the power to bind the other or incur obligations on the other's behalf without the other party's prior written consent.
MONTHLY WEBSITE MAINTENANCE SERVICE FEE
Monthly Website Maintenance Service Fee - allows for up to 1.5 hours of adjustments and/or changes to client's current website per month. Additional time over and above the 1.5 hours in a given month will be billed at the standard rate of $90/hr in 1/2 hour increments. The Web Maintenance hours may not be carried over to the next month for use for any reason.
EMAIL USE, STORAGE AND DELETION POLICY
Five K Technologies reserves the right to limit the file size of individual email mailboxes to a maximum of 100 megabytes of storage at any one time. Individual email mailboxes found over the 100 megabyte limit will be subject to deletion without notice. Deleted email will not be restored or saved.
Five K Technologies reserves the right to limit the maximum transfer limit of any one message to a maximum message size of 5 megabytes.
Five K Technologies reserves the right to reject or filter email based on source address and content. Examples are, but are not limited to, virus filtering and blocking open relay mail servers.
Five K Technologies will not make back-ups of a customer's email.
Five K Technologies reserves the right to delete stored email older than 90 days from mail server. Deleted emails will not be recovered.
Five K Technologies reserves the right to delete email accounts idle for more than 90 days from mail server. Deleted email accounts will not be recovered.
Idle email accounts described as email accounts with no login or sending activitity for the duration of the allowed time period.
The services may not be used to transmit, retransmit, or distribute by e-mail or any other method any material that violates any condition of this AUP in the sole judgment of Five K Technologies . Activities considered by Five K Technologies to be a violation of this AUP are as follows, but are not limited to:
Five K Technologies reserves the right to limit users sending bulk mail (email blasts or newsletters) during regular business hours, please set your mailing list software to activate after hours.
Bulk Email Guidelines
To ensure bulk emails are sent in a timely matter, and that all shared mail
servers receive the highest levels of performance, we ask that you adhere to
the following bulk email guidelines.
Only send bulk emails during off peak hours. Off peak hours are Monday through Friday, from 8:00 PM to 5:00 AM Pacific Standard Time (-8 GMT), and all day Saturday and Sunday.
- Be sure to provide a valid from or return address so that all bounced messages have a place to be sent.
Please Note: Large amounts of emails sent through a shared mail server during peak hours may be removed if found to cause performance loss of the mail server and delays of standard email.
- Mass emails sent using shared mail servers are throttled to deliver only 40 messages (per domain)
and only receive 10 bounced emails an hour. If you need to send a higher amount of emails per hour, consider using a VPS or dedicated server to sent out your bulk mailings.
Best Practices and Guidelines
Address Book/From Address
- Send email only to users who specifically requested to receive it from you. It is not advisable to purchase mailings lists or automatically subscribe users by utilizing an opt-in checkbox that is already checked on your website.
- Utilize a double/confirmed opt-in process. If a user subscribes to your mailing list, send them an email that requests that they click a link to confirm their opt-in. This will reduce the number of bounced emails and spam complaints you could receive.
- When visitors to your website subscribe to your newsletter, set clear expectations. Explain what you will send to your subscribers and how often they will receive your emails.
- Send your bulk emails from a consistent email address and advise your users to add it to their address books.
- Make sure your 'From' address clearly identities who the email is from.
- Consider including your company name in the subject line so your subscribers can recognize who the email is from fairly quickly.
- Use subject lines like, "Your Weekly Newsletter from 'X' Company" or "Your Monthly 'X Product' Update" so your subscribers know it is an email that they want to receive. Users may report your email as spam with subject lines that contain "Buy Two, Get the 3rd for Free" or "Weekly Online Specials" without a mention of your company name and/or product.
For more Sender Best Practices, read the Messaging Anti-Abuse Working Group's Sender Best Communications Practices, Version 2.0.
- Provide a visible and unsubscribe process in every one of your sent bulk emails. Do not make it difficult for your users to unsubscribe from your newsletter/mailing list.
- Your users should not need to login to your website to complete the unsubscribe process.
- Process unsubscribes from your users as soon as possible or within a timely basis.
Any unsolicited e-mail, whether commercial or otherwise, including, but not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts.
Solicited e-mail that contains material that otherwise violates this AUP or any e-mail that falsifies the address or other information; harassing e-mail, whether through language, frequency, or size of messages.
Any e-mail "chain letters" or other "pyramid schemes."
E-mail relayed without the express permission of that site, service, system or network.
E-mailing the same or similar messages to one or more newsgroups (also known as "cross-posting" or "multiple posting").
E-mail containing false or misleading statements, claims, or representations.
Forging header information including, but not limited to, any attempt to circumvent the approval process for posting to a moderated newsgroup.
Email and other access passwords
Five K requires passwords to consist of Letters, Numbers and Extended Characters.
Indemnity. Client shall indemnify, defend and hold Five K Computers, and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party") harmless from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys' fees (collectively, "Losses") resulting from or arising out of any claim, suit, action, arbitration or proceeding (each, an "Action") brought by a third party against Indemnified Party relating to: (i) a breach or alleged breach by Client of any of its representations, warranties, covenants or obligations hereunder, (ii) infringement or misappropriation of any intellectual property rights, including but not limited to rights of privacy, patent, copyright, trade secret, trademark rights and/or licenses, (iii) injury caused by any negligence or willful misconduct of Client, or (iiii) use of the Services, including use of the Services by third parties, without the consent of Client.
Comments, questions, or suggestions: firstname.lastname@example.org
To report abuse of these policies: email@example.com
If you would like additional information on Five K services,
please call us at 1-877-567-6822 or contact us using the online request form www.fivek.com.
Agreements for Five K Services shall begin upon the date Client registers the Plan (or signs Bid Estimate) and shall continue for the period of time set forth in the Plan ("Initial Term"), unless earlier terminated according to the provisions of the Agreement. Any Agreement shall continue automatically for additional terms equal to the Initial Term (each, a "Renewal Term") unless either party provides notice at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as applicable, that it has elected not to renew the Agreement. For security reasons and the general protection of clients, Five K requires all notices not to renew the Agreement be delivered by either: (i) Written notice delivered via USPS, FedEx, or other letter delivery service, or, (ii) faxing a cancellation request to (509) 248-8100, containing the account name, password, reason for cancellation and signature of Client.
I have read and agree to
all the terms and conditions contained in the Five K Fee Schedule, Acceptable
subject to change by Five K and that the current version is available to the
public at http://www.fivek.com/tos and I accept those documents in lieu of formal
written notification of any changes.
Each user is solely responsible for his or her transmissions through Five K Email Service. As a condition of your use of the Service, you affirm to Five K , that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. By registering an address with Five K Email Service, you agree to be bound by the terms outlined in this Service Agreement. Five K Email Service may, at its sole discretion, immediately terminate service without cause or notice, should user's conduct fail to conform to these conditions.
We're an Internet-based business and we use the Internet to send and receive certain types of communications. You agree to be bound by Internet regulations, policies and procedures.
You agree to comply with all applicable local, state, national and international laws and regulations. You also agree to not use Five K Email Service for illegal purposes; to not interfere or disrupt networks connected to this service; and to comply with all the rules, policies and procedures connected to this service.
You will not use Five K Email Service to send junk email, spam, chain letters or use email lists that contain any person that has not specifically agreed to be included on that list.
You agree not to transmit, or allow others to use your address to transmit, through Five K Email Service, any objectionable material including, but not limited to, unlawful or harassing, libelous, abusive, threatening, harmful, vulgar or obscene material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate items discussed in #2 above.
You agree to not interfere with another member's use and enjoyment of Five K Email Service or another similar service.
You agree not to harvest or otherwise collect information about others, including email addresses, without their consent.
You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
The information and services included in or available through the Service may include inaccuracies or errors. Five K may make improvements and/or changes to the Service at any time without notice. Five K does not guarantee that Five K mail will be uninterrupted or error-free, that bugs or malfunctions will be corrected, or that the Service and its servers are free of harmful components.
Five K does not guarantee that the uses of its Service, or the materials provided within the Service, are accurate, without error, or reliable.
Five K has no obligation to monitor the Service, but may do so and disclose the information regarding the use of the Service for any reason if Service Provider in its sole discretion believes that it is reasonable to do so, including to satisfy governmental or legal requests.
Five K does not guarantee that the uses of its Service, or the materials provided within the Service, are private or secure from being viewed by Five K employees in the ordinary day to day maintenance and troubleshooting of the mail, the mail servers or any Anti-Spam device.
Five K provides its Service "as is". The Company makes no warranty or covenant in regards to the availability, reliability, privacy, or timeliness of the Service. Five K is not responsible for the appropriateness of the Service for any one purpose. Five K will not be held responsible for any and all damages whatsoever as a result of the loss of use, data or profits connected to the performance of Five K mail. The user is solely responsible for any and all information that passes through the Five K mail servers. Five K is not responsible or liable for any product or service acquired or requested using the Service. The sole remedy is for users to discontinue their use of Five K mail and its related Web sites.
Copyright © 2019 Five K Technologies.