These Terms of Use Agreement (TOA) and the Acceptable Use Policy (AUP), know hereafter as Terms and Conditions, covers the website www.kenneltracker.com and Members of Kennel Tracker Systems. For the purposes of these Terms and Conditions The Kennel Tracker System and websites will be know as (System). Use of The System for any purpose constitutes acceptance of these Terms and Conditions. The term "Members" refers to individuals or groups who have created an account with The System. In this agreement, the terms "We", "Us" and "Owner" refer to the System authors and official representatives.

If Members have questions or concerns regarding this statement, they should contact Customer Support at support@kenneltracker.com

1. Purpose of Site
   The System is a Hosting and kennel management system dedicated to animal lovers and exhibitors which will allow them to share their breeding plans, pedigrees, pictures, animals and accomplishments through a website that they manage through a content management system (CMS) tailored for that purpose. Members, their animals or breeding programs, have not been screened by Owner and are not endorsed or guaranteed by Owner.
   
   
2. Disclaimers
   Although the System promotes and encourages responsible breeding practices, the System cannot evaluate or endorse any animal breeder and does not warrant or endorse any offspring or adult animals for sale on individual Member Systems. Owner is not responsible for the truth or accuracy of information or photos presented on Member Systems. It is the responsibility of any prospective buyer to evaluate breeders and make decisions based on the information that buyer obtains directly from those breeders. Anyone purchasing from or otherwise entering into a financial transaction with any Member, former Member, or visitor does so at their own risk. Owner plays no part in any purchase transaction, but strongly recommends that anyone purchasing or selling an animal establish and sign a purchase contract prior to the transfer of any monies, for the protection of both the buyer and seller. All Member content is the sole responsibility of the Member posting that content. Owner assumes no responsibility or legal liability for any such content.
   
   The System supports the uncensored flow of information and ideas over the Internet and does not actively monitor subscriber activity under normal circumstances. Similarly, Owner does not exercise editorial control over the content of any System, e-mail transmission, newsgroups, or other material created or accessible over or through use of the System. However, in accordance with these Terms and Conditions, we may remove any materials that, in our sole discretion, may be illegal, may subject Owner to liability, or which may violate these Terms and Conditions. The Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. If you are found to be in violation of these Terms and Conditions or any laws the System will be disabled, WITHOUT PRIOR NOTICE.
   
   If a request for release of domain is received, you will receive the domain and any images that were custom designed for your website. You will not receive the search engine optimization tools (SEO) or code pertaining to the System.
   
   Bronze Packages may take 24 - 48 hours to establish as all Packages are established as a true top-level domain on the server with true POP mail account(s).  The System does not share a common database, or scripts, thereby ensuring accuracy of data for each Member.
   
   Custom designed websites may take up to a week to become active. This is based on the design time needed for Member to work with one of our graphic designers to ensure your designs are representative of your wishes.  Custom designed sites are defined as Silver and Gold Packages, and can with approval of Member, be made live sooner as a Bronze Package, (without completed customization) in an effort to allow the Member to start adding content.  Once completion of customization occurs, Silver and Gold packages respectively will be updated with approved customizations as per Silver and Gold package dictates within normal Technical Specifications.
   
   
3. Acceptable Use Policy (AUP)
   Terms and Conditions are provided to give Members a clear understanding of what is expected during normal use of System. All Members of the System: those who access any System but do not have accounts, as well as those who pay a license fee to subscribe to the System, must comply with these Terms and Conditions. Use of the System constitutes acceptance and agreement of these Terms and Conditions.
   
   The following is intended to provide a basic understand of our Acceptable Use Policy. The following are guidelines for the establishment and enforcement of the AUP:
   
   
   • Ensure reliable service to our Members
   • Ensure security and privacy of our systems and network, as well as the networks and systems of others.
   • Comply with existing laws
   • Maintain our reputation as a responsible service provider
   • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
   • Preserve the value of Internet resources as a conduit for free expression and exchange of information
   • Preserve the privacy and security of individual Members
     
     
   Owner does not routinely monitor the activity of the System except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
   
   You may not remove the System CMS for use on any server than that provided by the System. Also, the System application may not be modified and/or resold in any way shape or form.
   
   You may not use the System to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "aterial" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
   
   If a Member violates these Terms and Conditions, we reserve the right to terminate or suspend service without notice. We prefer to advise Members of inappropriate behavior and any necessary corrective action, however, flagrant violations of these Terms and Conditions will result in immediate termination of service. Failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
   
   As a Member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
   
   
4. Violations of the Acceptable Use Policy (AUP)
   
   • Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
   • Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
   • Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
   • Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
   • Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "ponzi schemes," and "chain letters."
   • Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.
   •  Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
     • Anyone using their website to support spammers or cause any of our server space to be listed in any of the various Spam Databases will have their website immediately disabled. The website will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the administration section of your website to confirm that all material has been COMPLETELY removed. Any repeated violations may result in immediate and permanent removal from our server without notice to the Member.
   • E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
   • E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this AUP.
   • Usenet SPAMing: We have a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
   • Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
   • Copyright or trademark infringement: Use of the service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
   • Collection of personal data: Use of the system to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
   • Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual Member. Interference with or disruption of other System Members, services or equipment is prohibited. A Member may not, through action or inaction, allow others to use their website for illegal or inappropriate actions. A Subscriber may not permit their website, through action or inaction, to be configured in such a way that gives a third party the capability to use their website or the system in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
   • Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
   • Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
   • Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
   • Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.
   • Third Party Accountability: Our subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
   • It is absolutely forbidden to host or display Hate, Warez, pornographic content or IRC servers. Accounts found hosting this material will be subject to immediate cancellation without refund.
   • Accounts are not to be used to host a collection of MP3's, Warez, image hosting or gaming sites. These accounts may also not be used as a download distribution point for bundled software. It is to be used for standard web practices and only standard web practices. If you have a questionable concern please contact us. If you know your website is going to use an un-normal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this please contact us. Un-Normal usage are things such as, but not limited to, live audio and video streaming . Again, contact us for approval if you feel you will fall into this clause.
   • Streaming Video and Audio: Streaming audio and video is not permitted with our systems, but if you require either we suggest YouTube as means to display video.
   • Egg Drop - Egg Drop Scripts are Not allowed, These are grounds for immediate account deletion without a refund.
   • Legal - If it is not legal in the United States of America, It is not permitted to reside on our server. If found, the account will be disabled.
   • Adult Material - Adult Material is not allowed. Sites that contain adult material will be disabled.
   • Other examples of unacceptable material include, but is not limited to:
     • IRC Bots, Torrents, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not contain material for you dogs, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities.
       
       
5. Security
   You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
   
   Your password provides access to your account. It is your responsibility to keep your password secure.
   
   Sharing your password and account access with unauthorized Members is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
   
   Attempting to obtain another Members account password is strictly prohibited, and may result in termination of service.
   
   You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
   
   You may not attempt to circumvent Member authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
   
   You may not attempt to interfere with service to any Member, host or network ("denial of service attacks"). This includes, but is not limited to; "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
   
   Members who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
   
   
6. Network Performance
   Our systems operate on shared server resources. Excessive use or abuse of these shared network resources by one Member may have a negative impact on all other Members. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in suspension and/or termination of your account without notice. If your account is suspended and we decide to re-activate, you will be charged a $25 fee before we do so.
   
   You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other Members or the performances of our systems or networks. We reserve the right to terminate or limit such activities.
   
   
7. Warranties and Indemnity
   Neither Owner nor any of its representatives make any warranty as to the results to be obtained from use of the System, hosting services or websites, database applications or graphics developed for use with or by the System.  All services are provided without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose unless otherwise specified. Owner reserves the right to suspend, cancel or refuse service due to any request for profanity, blasphemy or any other offensive material.
   
   Development and hosting of System does not constitute an endorsement by Owner of any kennel or their breeding practices; opinions expressed on Kennel Tracker websites are solely those of the site owners or Member and do not reflect the opinions of Owner nor any of its representatives.
   
   Member agrees to indemnify and hop Owner harmless form and against any liability, loss, claim, demand and damage, including costs and attorney's fees, resulting from or based upon and infringement or violation default of these Terms and Conditions or use of the System, including without limitation the representations and warranties listed above.
   
   
8. Reporting Violations of Terms and Conditions
   We request that anyone who believes that there is a violation of these Terms and Conditions direct the information to us by email immediately.
   
   If available, please provide the following information:
   
   
   • The IP address used to commit the alleged violation
   • The date and time of the alleged violation, including the time zone or offset from GMT
   • Evidence of the alleged violation
   
   E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
   
   
9. Response to Violations of Terms and Conditions
   We may take any one or more of the following actions in response to complaints:
   
   
• Issue written or verbal warnings
• Suspend the Members account
• Terminate the Members account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
   
10. Revisions to this Acceptable Use Policy
    We reserve the right to revise, amend, or modify these Terms and Conditions and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted to the Kennel Tracker website.
    
    
11. Fees
    
    • Annual Licensing, and Hosting fees apply in the amount of $360.00
    • Domain names are registered for one year with a signed contract, all subsequent years are the responsibility of the website owner and billed in the amount of $10.00 per year of registration requested.
    • Domains being transferred will not be billed for the transfer or registration of a domain name, but will receive an invoice for renewal of their domain name the following year in the amount of $10.00 per year of registration requested.
    • All fees will be billed on your anniversary date and are due to the Kennel Tracker office no later than 15 days after invoice is received.
    • Payments will not be prorated
    • All Payments Are Non-Refundable
    • Prices subject to change without prior notice