About

Local BBB:

BBB Great West + Pacific

BBB File Opened:

6/23/2015

Business Started:

6/6/2007

Business Started Locally:

6/6/2007

Business Incorporated:

6/6/2007

Type of Entity:

Limited Liability Company (LLC)

Alternate Names:

KDS Networks

Business Management:

Mr. Robert Bialecki, Member

Number of Employees:

3

Licensing information

Additional Information

Refund and Exchange Policy

These Service Terms and Conditions (in addition to Customer's"Agreement") are agreed to by and between Mountain Peaks, Inc.("Konceptio Data Services, LLC") and the customer ("USER") asdesignated on their Service Order. In consideration of the mutualagreements andcovenants set forth herein, the parties agree as follows:
Accounts and Service: Konceptio Data Services, LLC shallprovide USER with an account (the "Account") on Konceptio Data Services,LLC's network, which will allowUSER to access the Internet on the terms set forth herein and on theService Order, as may be amended from time to time byKonceptio Data Services, LLC. USER's Account will include (dependentof account type) access to the World Wide Web, electronic ("e-mail"),andother Services commonly associated with the Internet (collectively,"Services").
Term and Billing: Konceptio Data Services, LLC will enableUSER's Account upon the date (the "Commencement Date") of Konceptio DataServices, LLC's acceptance ofUSER's Service Order. USER shall promptly notify Konceptio DataServices, LLC in writing or by e-mail of any changes in USER's Accountinformation,such as changes in address or telephone number.
Payment: USER shall pay all fees, including the Monthly Service Fee, Setup Fee, and any other fees as set forth on the ServiceOrder. Some non-contracted fees are subject to change without notice.
Konceptio Data Services, LLC will provide Services toSUBSCRIBER subject to this Agreement, and SUBSCRIBER agrees to pay for theServices when due by valid credit or debit card, personal check, or cash.

SUBSCRIBER authorizes Konceptio Data Services, LLC to perform a creditcheck prior to providing any equipment or Services. If Subscriber's paymentis not received by the end of the workday on the tenth of the month will beconsidered past due. A $15.00 late fee will be charged. If the tenth fallson a Saturday or Sunday, the payment will be considered late if notreceived before the end of the workday on Monday. If an account becomes onemonth past due services provided by Konceptio Data Service will beinterrupted until the account is paid in full. To reactivate services areconnection fee of $50.00 will be required. If payment is not made infull, Konceptio Data Services, LLC has the right to repossess thesubscriber unit to offset monies owed without liability for damage ortrespass.
Method of Payment: All equipment, installation andnon-revolving services are to be prepaid. Recurring charges for ISP,hosting and other e-business services are billed monthly as set by theservice agreement between USER and Konceptio Data Services, LLC. Theremay be a fee for certain billing methodologies. Where an approvedautomaticpayment method (i.e. credit card or electronic payment, etc.) isused, Konceptio Data Services, LLC shall automatically debit payments byUSER usingthe original payment method specified or until modified by USER.When the billing method is by "Invoice," Konceptio Data Services, LLCshall use e-mail,unless USER requests paper bills in which case USER will receivebills by means of conventional mail and will be invoiced at $2.00 pereach paper bill. Invoices are sent monthly and the terms are Net tendays from date of invoice.
Collection: There is a $25.00 service charge for each returneddraft/check. USER must notify Konceptio Data Services, LLC at leastfifteen working days before the next payment is dueif USER wishes to change the method of payment. Delinquent accountsmay have their files purged. Any account that is disabled must paya reconnect fee equal to one month of service in addition to any pastdue fees and any charges assessed by Konceptio Data Services, LLC.
Accounting Cycle: USER's initial accounting cycle begins onthe day after completed installation and activation. The USER will bebilled for the remainder of the first month (pro-rated).USER's permanent accounting cycle begins on the first day of thesecond month of service. Thereafter, all accounts are billed monthly onthe first day of the month.
Amendment: Konceptio Data Services, LLC reserves the right tochange the terms and conditions of this agreement and/or any collateralagreementsreferenced herein, including the Acceptable Use Policy and the feeschedule, by notifying USER on the Konceptio Data Services, LLC Web site(linked fromhomepage) or by e-mail at least 30 days in advance of the effectivedate of the change. Use by USER after the effective date constitutesacceptance of the new terms and conditions.
Offensive or Illegal Materials: Konceptio Data Services, LLCdoes not, knowingly, post illegal content of any kind. There is,however, no monitoringof material posted to Konceptio Data Services, LLC's Web sites, FTPsites, or hosted domains by the USER. Otherwise, Konceptio DataServices, LLC exercises no control over thecontent of materials accessed through the Internet, including throughthe Konceptio Data Services, LLC network. Some materials posted byUSERs or availablethrough the Internet may be offensive to certain groups ofindividuals.
Acceptable Use Policy: USER agrees to be bound by the provisions of Konceptio Data Services, LLC's Acceptable Use Policy, which is incorporated byreference as fully set forth herein and in the Customer Agreement, including all legal obligations arising there under.
Limitation of Liability and Indemnification: Konceptio DataServices, LLC nor its subcontractors will be liable for any loss of dataor damage tohardware that occurs during installation of or any service performedon your computer in support of Konceptio Data Services, LLC Services.USER agreesthat it is his/her responsibility to completely backup his/hercomputer before installation. USER further agrees that Konceptio DataServices, LLC and/orits affiliates are not responsible for any problems with yourcomputer following the installation of or any subsequent serviceperformedon your computer in support of Konceptio Data Services, LLC Services.
Your exclusive remedy for any and all losses resulting from thisinstallation of equipment and your use of the Services, includingKonceptio Data Services, LLCor its subcontractors negligence, will be limited to fees paid toKonceptio Data Services, LLC up to the time the damage is discovered.
Neither Konceptio Data Services, LLC nor its network Servicessupplier will be liable for unauthorized access to or alteration, theftor destruction of enduser's data files, programs, procedures or information throughaccident, fraudulent means or devices, or any other method, regardlessofwhether such damage occurs as a result of company's or its networkservice supplier's negligence.
These Services are provided on an "as is" and "as available" basiswithout warranties of any kind either expressed or implied, includingbut not limited to warranties of title, non-infringement or impliedwarranties of merchantability or fitness for a particular purpose.NeitherKonceptio Data Services, LLC nor its affiliates warrant that theseServices will be uninterrupted or error free or that any information,software or the materialaccessible on the Services are free of viruses or other harmfulcomponents.
Konceptio Data Services, LLC, its affiliates or subcontractors willnot be liable for any indirect, incidental, special, exemplary, punitiveor consequentialdamages of any nature including personal injuries, property damage orlose of business that result in any way from your use or inabilityto use the Services or to access the Internet or any part thereof, oryour reliance on or use of offers, claims, representations, promotionsand transactions, information, service or merchandise provided on orthrough this Internet or the Services, or that result from mistakes,omissions, interruptions, deletion of files, errors, defects, delaysin operation, transmission or any failure of performance.
USER agrees to indemnify, defend and hold Konceptio Data Services,LLC, its affiliates and subcontractors harmless from any claims made bythird parties arisingout of the use of the equipment and/or the Services provided by USERor an authorized USER of your account, including the placement ortransmissionof any message, information, software or other materials on theInternet.
These limitations on liability and indemnification provision inure tothe benefit and apply to: Konceptio Data Services, LLC, subsidiary andaffiliated companies,any successor to Konceptio Data Services, LLC business by way ofmerger, purchase of assets, or operation of law, and any subcontractorsperforming work on behalfof Konceptio Data Services, LLC.
Content Responsibility: USER understands that neitherKonceptio Data Services, LLC nor its network Services supplier isresponsible for the content of thetransmissions that may pass through the Internet and/or theconnectivity Services. USER agrees that it will not use theconnectivity Services.USER agrees that it will not use the connectivity Services in waysthat violate laws, infringe the rights of others, or interfere with theusers,Services, or equipment of the network. For example, end user shallnot distribute unsolicited advertising, chain letters, or commercialelectronicmail ("spamming"); propagate computer worms or viruses; attempt togain unauthorized entry to other computers, data or networks; distributechildpornography, obscenity, or defamatory material the Internet; orinfringe copyrights, trademarks, or other intellectual property rights.
Connectivity: As a user of the Konceptio Data Services, LLCService, connection is automatically disconnected upon: (a) Delinquentpayment amount; or (b)detected illegal behavior. If Konceptio Data Services, LLC causes anerror, delay, defect, breakdown or failure in service, which is definedas lasting for morethan 4 hours during any calendar month (Service Interruption), anout-of-service credit will be calculated based on a 9% daily proratedcredit(1/60) of any monthly service charge Customer paid for service duringthe period of Service Interruption, provided Service Interruption lastsfor more than four (4) consecutive hours after Konceptio DataServices, LLC receives notice of the interruption from Customer. Themaximum credit allowed shallnot exceed the Monthly Charge for the service interrupted. No creditshall be available for difficulties such as Customer equipment failure,Internet congestion, or other causes beyond Konceptio Data Services,LLC's reasonable control. The above prorated credit provides Customer'ssole remedy for anyclaim relating to this or Konceptio Data Services, LLC. KonceptioData Services, LLC's records and data shall be the sole basis for allcalculations and determinations.
Disclaimer of Consequential Damages: In no event willKonceptio Data Services, LLC or its network Services suppliers be liablefor any damages, including,but not limited to loss of data, loss of revenue or profits, or forany other special, incidental, indirect or consequential damages,arisingout of or in connection with the use of or inability to use Servicesor products provided hereunder.
Export Compliance: USER further agrees to comply with U.S. Export Laws concerning transmission of technical data and other regulatedmaterials via the connectivity Services.
IP Addresses: Upon expiration, cancellation or termination of the Agreement, USER shall relinquish any IP addresses or address blocksassigned to USER by Konceptio Data Services, LLC or its network services supplier.
Equipment Access: Customer may not use any forced means to reset, reverse engineer, modify orchange hardware, software setting or radio location.
Survival: This Provision 12 entitled Survival; Provision 10above entitled Export Compliance and any provision in all Konceptio DataServices, LLCagreements or policies which references 'Indemnification','Limitation of Liability', 'Limitation of Damages', and "WarrantyDisclaimers'shall survive the termination of the Agreement.
Force Majeure: If the performance of any obligation hereunderis interfered with by reason of any circumstances beyond Konceptio DataServices, LLC'sreasonable control including, but not limited to acts of God,lightning, wind, power surges or failures, labor strikes and other labordisturbances, or the act or omission of any third party, shall beexcused from such performance to the extent necessary, provided thatKonceptio Data Services, LLC shall use reasonable efforts to removesuch causes of nonperformance.
Complete Agreement and Sever ability: This Agreementsupercedes any other written or oral agreement, and represents thecompleteunderstanding between Konceptio Data Services, LLC and USER. If anyprovision of this Agreement is held by a court of competent jurisdictionto be contraryto law, the remaining provisions of this Agreement may be signed, butdoes NOT have to be signed to be enforced. Proceeding to sign up,either online or by phone, constitutes acceptance of all terms andconditions set forth in this agreement.

Business Categories

Internet Providers, Internet Service, Web Hosting