NCKCN has the following
co-location services available. Click here for a Print friendly
(Your equip, in our rack)
adding IP spaces to an existing
you must have the capability
bind separate IP subnets, or move
existing subnet to a new one.
Space and Enclosure Space Fee:
(You must provide your enclosure)
(19"up to 2.5'' tall)
(19" up to 4' tall)
Large Rack or Enclosure
(Any rack over 5' tall or any enclosure)
(Any electrical requirement beside a
single 120V 60Hz AC grounded outlet)
Terms of Service
NCKCN ("NCKCN Co-Location")
agrees to furnish services to the Subscriber, subject to the following
Terms of Service (TOS).
Use of NCKCN Co-Location services and resources constitutes acceptance and
to NCKCN Co-Location's Terms Of Service & Acceptable Use Policy.
All provisions of contracts with NCKCN Co-Location are subject to the
Terms Of Service (TOS) and Acceptable Use Policy (AUP). The Acceptable Use
Policy (AUP) may be changed from time to time at the sole discretion of NCKCN Co-Location.
Members understand that changes in the Acceptable Use Policy (AUP) are not
grounds for non-payment or early contract termination.
1. Disclosure: The subscriber gives NCKCN Co-Location consent to
disclose any and all information relating to the subscriber to any law
enforcement agent who makes a written request without further consent, or
notification to the subscriber. In this event, NCKCN Co-Location reserves
the right to terminate all services to this account without refund.
2. Service Rates: The subscriber acknowledges that the nature of
services, and initial rates and charges have been communicated, or made
available to the subscriber. The subscriber is aware that NCKCN Co-Location
may from time to time change the specified rates and charges. All offers
are contingent on NCKCN Co-Location meeting its cost of service goals,
which may include, but is not limited to rates charged to the company by
the suppliers it uses.
3. Payment: Establishment of services is dependent upon receipt by NCKCN Co-Location
of stated charges. Subsequent payments are due on the anniversary date of
the month, for the term of service, whether monthly, quarterly,
semi-annually, or yearly. All services provided by NCKCN Co-Location are
billed in United States currency (USD) unless otherwise stated at time of
purchase. Residents of Canada are subject to 7% GST on all purchases.
4. Payments and Fee's: Credit cards which are declined may be
subject to a $5.00 declination fee. Payments on credit cards which are
reversed for any reason will be subjected to a $100.00 reversal fee.
Services may be interrupted on any accounts which reach 14 days past due.
Accounts interrupted as a result of non-payment will be subjected to a
$100.00 reconnection fee. Accounts which are not paid by their due date
are subject to a $15.00 late fee. Any additional service fee's, including
technical support, bandwidth overage charges, and other additional fines,
or fee's will be charged at the end of the month, or at NCKCN Co-Location's
discretion. Accounts which can not be collected by NCKCN Co-Location may
be turned over to an outside collection agency, and the subscriber agrees
to pay a $100.00 Collection Fee.
5. Refunds and Disputes: All payments to NCKCN Co-Location are
non-refundable unless stated otherwise by NCKCN Co-Location at the time of
the dispute. All disputes of charges must be reported within 45 days of
the time the dispute occurred. If the subscriber disputes a charge to
their credit card which is at NCKCN Co-Location's sole discretion a valid
charge under the provisions of the Acceptable Use Policy (AUP) and/or
Terms Of Service (TOS), the subscriber agrees to pay NCKCN Co-Location a
$100.00 reversal fee.
6. Failure to Pay: NCKCN Co-Location reserves the right to deny
service, or terminate accounts upon the failure of the subscriber to pay
charges when due. Termination or denial as a result of failure to pay will
not relieve the subscriber from the payment of all accrued charges, plus
reasonable interest and all collection fee's. NCKCN Co-Location reserves
the right to retain any and/or all of a customers equipment in the event
of failure to pay. Should the customer fail to make upon appropriate
payment arrangements with NCKCN Co-Location within 60 days, NCKCN Co-Location
reserves the right to liquidate customer equipment, in part, or in whole,
to repay overdue accounts.
7. Account Cancellation: All requests concerning account
cancellations must be sent to NCKCN Co-Location with at least 15 days
notice, but not more then 45 days notice. All account cancellations must
be confirmed with NCKCN Co-Location. When requesting an account
cancellation, the subscriber must have all information relating to their
account on hand for verification.
8. Availability of Services: The subscriber acknowledges that the
service provided is of a nature that services may be interrupted for
reasons other than negligence of NCKCN Co-Location. Any damages resulting
from any interruption or degradation of services are difficult to
ascertain. Therefore, the subscriber agrees that NCKCN Co-Location shall
not be liable for damages arising from causes beyond the direct and
exclusive control of NCKCN Co-Location. The subscriber also acknowledges
that NCKCN Co-Location's liability for it's own negligence may not in any
event exceed the amount in equivalent charges payable by the subscriber
for services during the period which damages occurred. In no event
whatsoever shall NCKCN Co-Location be responsible or liable for any
special or consequential damages, loss, or injury.
9. Domain Related: All accounts involving the registration, or
transfer of an existing domain name will be set up and entered into NCKCN Co-Location's
DNS servers with 7 business days. Due to complications in domain transfer,
some accounts involving the transfer of domains may take up to 60 days to
process. If as a result of complications
transfer of domain should take more then 7 days, and the subscriber
cancels service before 60 days have incurred all charges will be
considered valid and earned.
10. Support Boundaries: NCKCN Co-Location reserves the right to
limit it's technical support to it's area of expertise. NCKCN Co-Location
provides support for issues which directly relate to servers, or virtual
accounts functioning. Support issues relating to programming, development,
or software related problems will be billed to the subscriber at an
additional rate in 30 minute minimum intervals.
11. SPAM: The subscriber acknowledges that NCKCN Co-Location
defines "SPAM" e-mail as any and all bulk e-mail and Unsolicited
Commercial E-mail, messages, or postings, etc. The subscriber understands
that they may not transmit, assist in the transmission, encourage third
parties to transmit, or permit hosting of sites or any information which
is advertised by SPAM from other networks or services. The subscriber
acknowledges that they are responsible for any and all SPAM related
actions which come from their account.
12. Internet Protocol (IP) Address Ownership: All Internet Protocol
(IP) addresses which are assigned to subscribers belong only to NCKCN Co-Location.
Subscribers shall have no right to use Internet Protocol (IP) addresses
except as permitted and assigned by NCKCN Co-Location in it's sole
discretion. NCKCN Co-Location shall maintain control and ownership of all
Internet Protocol (IP) addresses which it assigns, and reserves the
right to modify, or remove any and all Internet Protocol (IP) addresses it
13. Bandwidth/Disk: The subscriber agrees that should they exceed
allocated disk space or bandwidth, they shall pay NCKCN Co-Location the
respective "overage" charges which have been communicated,
and/or made available to the subscriber. NCKCN Co-Location reserves the
right to deny additional disk space, or bandwidth usage which it deems to
be unreasonable and the subscriber is aware that corrective action may be
taken as a result, which may include discontinuance of any/all services,
or termination of any/all services. The subscriber is aware that any
corrective action taken as a result of the subscriber exceeding their
allocated resources shall not entitle the subscriber to a refund of any
fee's paid in advance prior to such corrective action.
14. Offensive Materials: NCKCN Co-Location reserves the right to
remove any and all materials which are deemed to be offensive by NCKCN Co-Location.
The subscriber is aware that NCKCN Co-Location may delete, disconnect, or
terminate any services, resources, or accounts on which the offensive
materials are located, or connected to. The subscriber is aware that
should NCKCN Co-Location choose to take any action relating to materials
or content which NCKCN Co-Location deems as offensive shall not entitle
the subscriber to a refund of any form.
15. Violation of Terms Of Service/Acceptable Use Policy: NCKCN Co-Location
is under no obligation to monitor its subscribers activities to determine
whether violations of their Acceptable Use Policy (AUP) have occurred. NCKCN Co-Location
assumes no responsibility though its Acceptable Use Policy (AUP) to
monitor or 'police' Internet-related activities. The subscriber is aware
that NCKCN Co-Location shall deal with each violation of the Acceptable
Use Policy (AUP) and/or all other issues on a case-by-case basis, and is
aware that NCKCN Co-Location is under no obligation to provide
"warnings" under any circumstances. NCKCN Co-Location may choose
to "warn" subscribers NCKCN Co-Location
feels that the subscriber may be breaking the Acceptable Use Policy (AUP).
16. Appearance and Network Protection: NCKCN Co-Location reserves
the right to protect it's network, resources, and services from influences
which threaten to disrupt, or degrade NCKCN Co-Location's network,
resources, or services. The subscriber is aware that NCKCN Co-Location may
firewall, drop, or disable Internet Protocol (IP) addresses
which may cause harm to NCKCN Co-Location's resources, services, or
appearance. This may include, but is not limited to: subscribers who
project a negative appearance of themselves or of NCKCN Co-Location,
subscribers who attract, have attracted, or may attract Denial of Service
(DoS) attacks, subscribers who are suspected of using NCKCN Co-Location's
services to SPAM, or Subscribers who are running insecure, or
inappropriate services such as open proxy's/relays. All firewalls or any
protection related to the subscribers co-location is the sole
responsibility of the subscriber.
17. Service Cancellation/Suspension: NCKCN Co-Location reserves the
right to cancel or suspend any subscribers service which NCKCN Co-Location
feels may be the target, or source of any violations of the Acceptable Use
Policy (AUP), or for any other reasons NCKCN Co-Location chooses. If
inappropriate activity is suspected, all accounts relating to the
subscriber in question may be disabled for the duration of NCKCN Co-Location's
investigation. NCKCN Co-Location will is under no obligation to refund, or
credit the subscribers account(s) for such service interruptions.
18. Indemnification: The subscriber indemnifies NCKCN Co-Location
for any violation of the Acceptable Use Policy (AUP) and Terms Of Service
(TOS) that results in loss to NCKCN Co-Location, or the bringing of any
claim against NCKCN Co-Location by any third-party. If any damages are
awarded against NCKCN Co-Location as a result of the subscribers
negligence, or a user on their systems, the subscriber agrees to pay any
and all damages awarded against NCKCN Co-Location, and all attorneys
19. Waiver: The subscriber understands that should NCKCN Co-Location
choose to give the subscriber a waiver for any breach of the Acceptable
Use Policy (AUP), it shall not be used, or be constructed to be a waiver
for continuing or subsequent breaches of the Acceptable Use Policy (AUP),
or as a waiver for any other breaches of the Acceptable Use Policy (AUP).
20. Transfer of Ownership: The subscriber shall not transfer, or
assign this agreement without the prior written consent of NCKCN Co-Location.
NCKCN Co-Location reserves the right to cancel customers rights under this
contract at anytime without further obligation.
21. Damages: NCKCN Co-Location is not responsible for any damages
which may damage the subscribers business. NCKCN Co-Location does not make
any written or implied warranties for any services it may offer. NCKCN Co-Location
denies any warranty or merchantability for any specific purpose. This may
include, but is not limited to loss of data resulting in delays, incorrect
deliveries, non-deliveries, any and all service interruptions caused by NCKCN Co-Location
22. Content: The subscriber acknowledges that they are solely
responsible for the content stored on, or transferred through NCKCN Co-Location's
services and/or resources.
23. Personal Information: The subscriber grants NCKCN Co-Location
consent to collect, and/or store personal information relating to the
subscriber. This may include, but is not limited to credit history, credit
card information, and information relating to the subscribers online
activities. The subscriber is aware that NCKCN Co-Location may choose to
store specific billing information relating to the subscriber such as, but
not limited to
credit card numbers, and additional information for the convenience of
automatic billing. The subscriber consents NCKCN Co-Location to
automatically bill the subscriber for all recurring services, and/or
additional charges, expenses, or penalties.
*Transfer rate is the minimum NCKCN
guarantees theoretical throughput to the subscriber. The subscriber will connect to our Fast
Ethernet core networking. Bandwidth is then limited to both the hardware
of NCKCN and the subscriber.
NCKCN Co-Location Acceptable Use Policy
The following items are violations of NCKCN Co-Location's
Acceptable Use Policy (AUP):
1. Illegal Activities: NCKCN Co-Location
services may not be used for illegal purposes, or in any form support
illegal activities. NCKCN Co-Location reserves the right to cooperate with
legal authorities and/or injured parties in the investigation of any
suspected illegal activities.
2. Threats and Harassment: Use of NCKCN Co-Location services to
transmit any materials (by e-mail,up-loading, posting, messaging, etc.) to
threaten or harass other subscribers, or other third parties.
3. Fraudulent Activity: Use of NCKCN Co-Location services and/or
resources to make fraudulent offers to buy or sell items, services, or any
type of "scam" such as but not limited to "chain
letters", "pyramid schemes",etc.
4. Impersonation: Modifying network information in an effort to
mislead or deceive, with or without bad intent. Attempting to assume the
identity of someone else using modified network information, including
packet headers, and e-mail headers or other identifying information.
5. Bulk E-mail/SPAM: Use of NCKCN Co-Location services to transmit
any solicited, or unsolicited e-mail, News-group, Internet Relay Chat
(IRC), or other forms of SPAM is prohibited. Any and all violations of
this nature will result in the immediate termination of the offending
subscribers account(s) without refund. Accounts which are terminated for
this reason are subject to a $250.00 "clean-up" fee, and may
result in notification to the proper authorities, on NCKCN Co-Location's
6. Denial of Service (DoS) Attacks: Use of NCKCN Co-Location's
services and/or resources in ANY attempt to disrupt, interfere, damage,
degrade or interrupt another networks, or parties ability to use NCKCN Co-Location's
services, or the Internet is strictly prohibited. It is each members
responsibility to ensure that their network is configured in a manner
which is deemed by NCKCN Co-Location as secure. A subscriber may not
through inaction or action allow their services to be used by their users,
or third parties for inappropriate or illegal actions.
Members may not configure their network, or neglect to reconfigure their
network in any manner which would allow for a third party in an
inappropriate or illegal manner. Unauthorized entry as the result of
neglect will become the responsibility of the member; They will assume all
responsibility for actions, fines, penalties and potential termination of
service which may result from Unauthorized entry.
7. Unauthorized Access: Use of NCKCN Co-Location's services or
resources in any attempt to infiltrate, access, probe, another subscribers
account, or account information is prohibited. Use of NCKCN Co-Location's
services or resources in any attempt to circumvent, or probe NCKCN Co-Location's,
or third parties security measures, hardware or software, or electronic
communications system, or telecommunications systems, is prohibited.
8. Collection or Storage of Personal Information: Use of NCKCN Co-Location's
services in any attempt to collect or store personal information of third
parties, without their knowledge and/or consent is strictly prohibited.
9. Copyright, Patent, Trademark, and Trade Secret Infringement: Any
form of distribution, of the aforementioned Infringements will not be
10. Distribution of Harmful programs: Use of NCKCN Co-Location's
services or resources to intentionally or knowingly distribute software
which may cause damage, harassment, or annoyance to third parties, data,
or computer systems, including but not limited to the distribution of
Viruses, Virii, Trojans, "Droppers", etc. is strictly
11. Unacceptable use of software: Use of software with the intent
of facilitating a continual connection from, or to NCKCN Co-Location's
network is prohibited. This includes use of software for the needless
transmission of data, to or from NCKCN Co-Location's network with the
intent of occupying network resources.
12. Third Party Accountability: All NCKCN Co-Location members will
be held solely responsible and accountable any and all activities
performed by third parties, using the said members account or services,
which are in violation of the Acceptable Use Policy (AUP).
13. Revisions of the Acceptable Use Policy: NCKCN Co-Location
reserves the right to revise or modify our Acceptable Use Policy (AUP) at
any time and in any manner. It is the subscribers responsibility to keep
up to date with the current contents of the Acceptable Use Policy (AUP). NCKCN Co-Location
will provide notice of changes to the Acceptable Use Policy (AUP) whenever
reasonably possible, which is determined solely by NCKCN Co-Location.
14. Adult Materials: Use of NCKCN Co-Location's services or
resources to store, transmit, or create adult oriented materials is
strictly prohibited. NCKCN Co-Location reserves the right to remove any
adult materials it deems offensive from its network, by means of deleting,
or removing the resource housing them from the network. NCKCN Co-Location
reserves the right to remove adult materials with, or without consent of
the account owner, and without prior notice.
15. Internet Relay Chat (IRC): Use of NCKCN Co-Location services or
resources to establish connections to IRC networks, or host Internet Relay
Chat Daemons (IRCD) is strictly prohibited unless approved in writing by NCKCN Co-Location.
This includes use of "Eggdrop bots", and "Energy Mech bots
(EMech)". Any accounts found to be disobeying this rule may be
subject to immediate termination. Any servers or accounts which attract a
Denial of Service (DOS) attack as a result of IRC related connections may
be subject to immediate account cancellation without refund and without
notice, regardless of having NCKCN Co-Location's written permission or
16. Offensive Materials/Content: Use of NCKCN Co-Location services
or resources to display, distribute, upload, post, discuss, or create
materials which NCKCN Co-Location deems to be offensive is strictly
prohibited. This may include, but is not limited to: pornography,
beastiality, hentai, yaoi, materials which depict bodily harm, hate
related/motivated materials, anti-gay materials, anti-lesbian materials,
Ku-Klux Klan related materials, satan related materials, etc.