Tekyn Terms of Service

These Terms of Service ("Terms") are between you, together with any company or other entity you represent (collectively, "Subscriber"), and Tekyn LLC ("Tekyn"). Subscribing for any services to be rendered by Tekyn shall constitute acceptance of these Terms.

Tekyn reserves the right to change or modify any of the Terms contained in this agreement at any time and without notice to the Subscriber. If the Subscriber no longer wishes to be bound to these Terms, they must notify Tekyn in writing, and all services will be terminated thirty (30) days after receipt of such notice.

Payment

The Subscriber agrees to pay all aggregate monthly, quarterly, or annual fees associated with the services provided by Tekyn. All payments must be received within thirty (30) days of initial invoice. Payments received after this time will be subject to a 20% APR financing charge and may result in suspension or termination of service by Tekyn.

Software Licensing

Any software provided directly to the Subscriber by Tekyn will be under an Open Source license. For more information about Open Source licensing please visit the Open Source Initiative online at http://www.opensource.org/. As a result of this policy the Subscriber will at all times own all necessary licenses for operation of their website.

Tekyn may use software on its own websites -- including, but not limited to tekyn.com, tekyn.net, tekyn.org, and kynetiware.com (collectively, "Tekyn Websites") -- that is not open source. It is not permissible for the Subscriber to copy or distribute any software in use on any Tekyn Websites.

Acceptable Use Policy

Tekyn requires the Subscriber to conform to the Acceptable Use Policy. Violation of any point listed below will be grounds for immediate suspension or termination of services, without refund. Violations are solely determined by Tekyn and are not subject to review by the Subscriber or any third party.

1. No Illegal activity. This includes, but is not limited to: Child pornography, "warez" software, distribution of materials in violation of Copyright, any Intellectual Property violation, or violating United States export restrictions. Any Subscriber found to be violating the law will be reported to the proper authorities.
2. No "adult themed" websites. This means no pornography, sexually-explicit pictures or text, or excessively profane language.
3. No SPAM. Any Subscriber found to be sending unsolicited bulk email ("SPAM") will be required to reimburse damages caused to Tekyn by their behavior.
4. No threatening or defamatory content. No racism, threatening or abusive language, harassment or defamation will be tolerated.

Liability

Tekyn may not be held responsible for any content, media, or files made available by the Subscriber on their own website. The Subscriber is solely responsible for all content, copyrights, and intellectual property published on their website.

Tekyn does not make any guarantees regarding server up-time, hardware or software reliability, or availability of support or services.

The Subscriber hereby agrees to indemnify, defend, save and hold harmless Tekyn from any and all demands, liability, penalties, losses, damages, costs, claims, expenses, attorneys' fees asserted against Tekyn, its agents, its managers, and members, that may arise or result from any service provided or performed or agreed to be performed or causes of action or claims caused by or resulting indirectly from the Subscriber's use of the service which damages either the Subscriber, Tekyn, or any other party or parties without limitation or exception.

Warranty Disclaimer

Except as expressly provided in these Terms, the services provided by Tekyn are provided "as is," and Tekyn expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose.

Choice of Law & Forum

These Terms and the relationship between the Subscriber and Tekyn shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions, and specifically excluding from application to these Terms that law known as the United Nations Convention on the International Sale of Goods. Both Tekyn and the Subscriber agree to submit to the personal jurisdiction of the courts located within Marion County, Indiana. The failure of Tekyn to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.