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THESE VIRTUAL PRIVATE SERVER (VPS) AND DEDICATED SERVER HOSTING TERMS OF USE (hereinafter "terms") ARE BY AND BETWEEN Krosting (hereinafter "service provider") AND THE ACCOUNT HOLDER AND / OR CUSTOMER (hereinafter "user"). BY SUBSCRIBING TO AND / OR USING ANY SERVICE PROVIDED BY THE SERVICE PROVIDER, THE USER SIGNIFIES THAT THEY HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS.

1. Preamble

This agreement is applicable to Virtual Private Server (VPS) or Dedicated Server hosting accounts only. Any accounts which are considered shared hosting accounts or reseller hosting accounts, as determined by the service provider, are not included under this agreement, and are governed by their respective agreements.

Domain purchases, even those part of Virtual Private Server (VPS) and Dedicated Server Hosting accounts, are not covered by this agreement and are covered by the Domain Terms of Use policy provided by the service provider.

2. Account Set-up and Activation

Account's will be set-up and activated after payment from the user has been received by the payment processor. The payment processor may take up to eight (8) business days to process payments. Most times, however, the payment processor will process payments within minutes. Such cases which may take longer include, but are not limited to, the following:

• Fraud Screening
• e-Checks
• Multiple currency payments
• International payments from certain countries as determined by the payment processor

Once payment has been received and processed by the payment processor, it may take the service provider up to seventy-two (72) business hours to set-up the account. In some cases it may take longer depending on the availability of hardware requested.

3. Registration

By using these services, the user agrees to provide the service provider with accurate contact information regarding himself / herself. This includes, but is not limited to:

• A valid primary email address (preferably not hosted with the Krosting network)
• A valid name (first and last)
• A valid address (P.O. Box is allowed)

Should the user not provide accurate contact information, the service provider may suspend the account until accurate information has been provided. Should the user have inaccurate information while the service provider is trying to notify the user of maintenance or outage, then such notification is assumed as received. The user agrees that he / she will make any updates to contact information as soon as the user knows of these changes.

For high-risk purchases such as Dedicated Server rentals, the service provider may require that the user submit proof of identification. This may include (i) faxed copy of government issued ID, such as a drivers license (ii) faxed copy of credit card used for purchase. Should the user decline to meet such requirements, the order may be determine to be fraudulent and denied.

4. Acceptable Use

The full Acceptable Use Policy is provided by the service provider at http://www.krosting.net/legal/aup.html. This policy outlines the allowable use of the service provided by the service provider for the user. Any breach of the Acceptable Use Policy may result in suspension of the account, or termination of the account. The service provider will notify the user of any breach of the AUP. Actions which may be cause for breach of the Acceptable Use Policy include, but are not limited to, the following:

• utilizing resources which effect the quality of service of other users.
• trying to access other accounts, inside or outside the server
• sending unwanted email to addresses (SPAM)
• running IRC clients or servers (please see Acceptable Use Policy for further information)
• hosting, or linking to other sites, which contain, but is not limited to:
  • unlawful pornography
  • warez, cracks, or keygens
  • racist or hate postings towards a person or group of people
  • threats against a person or group of people
  • the promotion of unlawful activities
• posting content which the copyright does not belong to the user
• using the services provided for anything considered illegal within the United States of America or within Canada.

By accepting the terms, the user also signifies that he / she has read, understood and agrees with the Acceptable Use Policy. Any breach of this policy may result in suspension or termination of the account.

5. Payments

The user agrees that by using the services provided by the service provider, they will pay their monthly or annual fees as agreed upon with the service provider. The service provider reserves the right to change the cost of service at any time. The service provider acknowledges that they will provide the user with thirty (30) days notice of any such increase, and a date of when such increase will take place. The user acknowledges that once notified, they are responsible to make such payments. The user may cancel their account by contacting sales@krosting.net prior to the billing due date. Failure to pay the new amount in full may result in a suspension of the server (see sections 5.2 and 5.3).

All bills are paid in advance and are due on the billing cycle date stated on each invoice. Should a payment not be received by the due date, then the payment is considered late. Accounts which are late may be suspended at any time by the service provider and can only be reinstated once the account balance has been paid in full by the user. User may be responsible for late fees on the payment.

5.1 Late Fees

Should a payment be late, there maybe late fees applied to the next bill. The late fee is 31/3% of the total amount due for per day late, up to 50% of the total amount due. Each month late, the interest compounds on the total amount due plus the previous month's balance (including late fees).

5.2 Suspension for Late Payment

Should the account be suspend for late payment, the user agrees the he / she will pay the amount owing in full (balance plus late fees) as well as an administrative fee for activating the account, no greater than thirty dollars ($30), as determined by the service provider.

5.3 Termination of Account

Should the account be suspended for non-payment for a period greater than thirty (30) days then the user's account will be terminated with the service provider. Any data associated with this account will be deleted and may not be recoverable. The server may then be rented to another client.

5.4 Payment Terms

By paying a bill, the user agrees that the amount owing is correct, and that any disagreements within the bill have been, or are being resolved. Once the bill has been paid, the amount owing on that month is final, and no disputes can be made against the bill. All disputes must be made before the bill has been paid and before the bill is due.

6. Account Suspension and Termination

6.1 Account Suspension

Should an account be suspended, the user agrees to pay any and all amounts owing on the account before it is reinstated. Depending on circumstances, there may be other fees involved with the account being reinstated. Such fees may include, but are not limited to, the following:

• Late Payment fees (see section 5.2)
• SPAM related fees (see Acceptable Use Policy section 4.1)

The account will only be reinstated once the user has paid all fees. Any and all data residing within the account will remain suspended to the account until any and all fees have been paid. The user acknowledges that they must reinstate their account to access any part of their account, and to do so requires the account be up-to-date with all fees paid.

The service provider reserves the right to suspend an account at any time for breach of this or any associated agreements, in part or whole, without notice to the user.

Should an account remain suspended for more than thirty (30) days, then such account will be terminated with or without notice to the user.

6.2 Bandwidth Suspension

Some Dedicated Server accounts are provided with an allocated bandwidth amount. The user acknowledges that once such bandwidth allowance has been used, the user's account (server) will continue to serve data and consume bandwidth. The account will incur costs at the overage amount at that date, as determine by the service provider. The user acknowledges and agrees to pay any such bandwidth overage amounts. The user is solely responsible for the supervision of their own bandwidth usage.

6.3 Account Termination

The service provider reserves the right to terminate an account at any time to terminate an account for breach, in part or whole, of these terms or any agreements associated with these terms. Upon termination, the user will not be provided a refund.

7. Refund Policy

Dedicated Server and Virtual Private Server payments are final. No refunds can be offered on these packages.

8. Guarantee on Data

The service provider does NOT guarantee the data of any Dedicated Servers or Virtual Private Servers. All data backups are the responsibility of the user. The service provider cannot be held responsible for any data loss.

9. Backups of Data

The service provider does NOT backup any data on Virtual Private Servers or Dedicated Servers. Such backups are the responsibility of the user. The service provider may provide an extra service to provide space to the user to store their backups at a nominal monthly fee, but no backups are done proactively by the service provider or the data centre.

10. Server Management

All provided servers are not managed by the service provider unless a management contract between the user and the service provider has been established. All servers are managed solely by the user. The user is to provide all support requests directly to the support desk at Krosting.net or by contact support@krosting.net.

11. Uptime Policy

These dedicated servers are provided as is as "as available". Our uptime is dependant upon the data centre's network uptime. While the network strives for 100% uptime, the service provider cannot always guarantee that this is the case. If the server that the users account is on faces excessive network downtime, as determined by the service provider, the user can request an inquiry into the downtime, and may be provided a full or partial refund at the service provider's discretion.

12. Resource Usage

The user may not:

• Run any software that interfaces with an Internet Relay Chat (IRC) network, unless the service provider has provided such user with access to an IRC capable network (by request only).
• Run any bit torrent application, tracker, or client. Note that sites may link to torrents off server, but the user agrees not to store or host them.
• Participate in any file-sharing / peer-to-peer activities.

13. Bandwidth Allocation

13.1 Metered Bandwidth

Some Dedicated Server accounts are provided with an allocated bandwidth amount. The user acknowledges that once such bandwidth allowance has been used, the user's account (server) will continue to serve data and consume bandwidth. The account will incur costs at the overage amount at that date, as determine by the service provider. The user acknowledges and agrees to pay any such bandwidth overage amounts. The user is solely responsible for the supervision of their own bandwidth usage.

13.2 Un-Metered Shared Bandwidth

Dedicated Servers and Virtual Private Servers (VPS) packages which include un-metered bandwidth share the overall bandwidth pool with all servers at the data centre. The following bandwidth throughput averages can be expected for the following connection speeds:

1Gbit Un-metered: Users can expect about 30000 - 50000GB/month outbound transfer, and 300TB/month throughput on inbound transfer.

100Mbit Un-Metered: Users can expect 10TB/month throughput on outbound transfer, and 30TB/month throughput on inbound transfer.

5Mbit Un-Metered: Users can expect 1000GB - 1500GB/month outbound throughput, and 30TB/month throughput on inbound transfer.

More bandwidth options are available for these listed servers, for latency critical applications, such as game servers. Such options can be discussed with sales@krosting.net.

13.3 Un-Metered Dedicated Bandwidth

Some Dedicated Server packages include un-metered dedicated bandwidth. Bandwidth starts at 5mbps (megabits per second), and goes to 100mbps (megabits per second) un-metered bandwidth is not monitored, and dedicated bandwidth is not shared.

14. Communications From Service Provider to User

Any communications from the service provider to the user are done using the user's provided communication channels (see section 3). Notifications will be sent by email to the user. Notifications will be considered received once sent to the user. Should the notification not be received by the user because of invalid contact information, the notification is considered received. Should the notification not be received due to service or network issues with the user, the email is considered received.

Notifications may be sent to the user's secondary email address, if provided, in the following, but not limited to, situations:

• Updates to terms
• Account suspension notifications

If is up to the user to ensure that the contact information the service provider has for the user is up-to-date and accurate. Any missed notifications due to invalid contact information is considered a received notification under these terms.

15. Updates to Terms

The user acknowledges that from time to time the service provider may update these terms at any time, for any reason. The service provider acknowledges that the user must be notified of any such updates to the terms (see section 3 and section 14). By continued use of the service by the user, the user signifies that he / she has read, understands and agrees to the new terms. If the user does not agree to the new terms, the user is to contact the service provider to cancel service without refund, exceptions being the refund policy.

16. Disclaimer and Liabilities

The service provider cannot be held responsible for any data loss, or loss or profits due to downtime, scheduled or otherwise, profit loss due to suspensions, or any other financial, personal or business losses the user may suffer. The service provider provides a means to store data for access on the internet, and does not guarantee the security or quality of the data. The user is responsible for any and all backups of such data, and ensuring that any web applications run within the account are secure. The service provider is not responsible for the maintenance of any hosted web applications, the security of such applications, and the installation of such applications.

Furthermore, the service provider is not responsible for the content hosted on the server, and the user acknowledges that they take responsibility for any such content.

17. Jurisdiction

These terms are governed under the Provincial laws of the Province of British Columbia, and under the Federal laws of the Government of Canada.

18. Indemnification

The user agrees that it shall defend, indemnify, save and hold the service provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the service provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The user agrees to defend, indemnify and hold harmless the service provider against liabilities arising out of; (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the service provider; (ii) any material supplied by the user infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective products sold to the user from the service provider.

19. Disclosure to Law Enforcement

The service provider may disclose any user information to law enforcement agencies without further consent or notification to the user upon lawful request from such agencies. This does not include groups such as the RIAA.

We will co-operate fully with law enforcement agencies.

20. Right to Refusal

The service provider retains the rights to refuse service to anyone for any reason at any time.

21. Privacy Policy

Also include in these terms is the service provider's Privacy Policy. The full privacy policy can be found http://www.krosting.net/privacy.php.

22. Questions

Any questions in regards to these terms should be directed to support@krosting.net.