Shared Hosting Terms of Use

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SHARED HOSTING TERMS OF USE

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THESE SHARED 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 shared hosting accounts only. Any accounts which are considered reseller, virtual private server (VPS) or dedicated 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 Shared 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:

Once payment has been received and processed by the payment processor, it may take the service provider up to twenty-four (24) business hours to set-up the account. Add-on products to base packages, may take up to twenty-four (24) hours to be activated to the account. Such add-ons may include (i) certificates; (ii) dedicated internet protocol addresses (IPs); (iii) RVSiteBuilder.

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:

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.

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:

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 may change then rate of the cost of service at any time, but the user's rate will be grandfathered at the previous cost. The user's monthly cost of service will not increase.

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 sixty (60) 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 service provider may have a backup, but does not guarantee that one exists, of the data, and may provide this data for a fee of no more than seventy-five dollars ($75) as determined by the service provider.

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:

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 ninety (90) days, then such account will be terminated with or without notice to the user.

6.2 Bandwidth Suspension

Accounts are provided with an allocated bandwidth allowance. The user acknowledges that once such bandwidth allowance has been used, the user's account will become suspended. The suspension will remain until (i) the user increases the bandwidth allotment of the package; (ii) the user adds bandwidth to the package at an amount to be determined by the service provider; (iii) the following bill cycle when the bandwidth allocation resets; (iv) the user purchases from the service provider a bandwidth allocation reset for an amount to be determined by the service provider.

Should the user go over the bandwidth allotment by more than five-hundred (500) megabytes (MB), then the user will be subject to per gigabyte (GB) fees, rounded to the next gigabyte (GB) due before the account is reinstated. Such fees are determined by the service provider.

Once the bandwidth allocation issue has been resolved, the user's account will be reinstated.

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 may or may not be provided a refund at the service provider's sole discretion.

7. Refund Policy

The service provider provides a fourteen (14) day refund policy for their Shared Hosting packages. Should the user decide that they no longer wish to use the services provided by the service provider, they may request a refund within fourteen (14) days of their initial start of service. The refund may take up to thirty (30) days to be processed by the service provider. Once the refund has been requested, the account will be suspended until the end of the bill cycle at which time it will be terminated. Any data within the account should be removed by the user before the refund is requested.

Should the user wish to reinstate their account after their account has been suspended for refund, they may do so by paying the pro-rated amount of the remainder of that billing cycle. The payment to reinstate the account is non-refundable.

Any violations of these terms, or any terms or agreements associated with these terms, will waive the refund policy and render this section of the agreement null and void.

8. Guarantee on Data

The service provider cannot be responsible for any data loss for any reason. The service provider may make regular backups of data, but does not guarantee that they have done so. The user acknowledges that he / she is responsible for regular backup of data. In the event of data loss, if the service provider has a backup, they shall provide the most recent backup of data available to the user and reinstate it on the account. If no backup is available, the user cannot hold the service provider responsible for such data loss.

9. Backups of Data

The service provider may or may not make regular backups of all data on the server. Backups may or may not include, and is not limited to, the archiving of (i) database entries; (ii) user files located on the server; (iii) e-mails, sent or queued for sending; (iv) user accounts.

The user may request a restore from a backup made by the service provider. If the service provider has a backup available, they may provide it to the user for a fee of no more than twenty-five ($25) dollars. This fee only applies if the user requests a restoration from a backup. Any such restorations may overwrite existing data. Should data loss result from this, the service provider cannot be held responsible (see section 8).

Should the service provider need to move an account to a different server, the service provider will create a backup of the account before it is moved. The service provider cannot guarantee that it is the latest backup of such account, nor can it guarantee that the backup contains the most recent files. The backup will be made within twenty four (24) hours of such user's account being moved.

10. Account Moving

At times, the service provider may determine that an account needs to be moved to a different server. If it's the service provider's determination that the account needs to be moved, the service provider will provide the user a notice of at least twenty-four (24) hours of being moved. A backup will be made of any data prior to the account being moved (see section 8 and section 9). Any downtime resulting from an account move is not associated with the Uptime policy.

11. Uptime Policy

The service provider provides an uptime guarantee of ninety-nine percent (99%). For each percent under this uptime guarantee, the user will receive 10% off his or her next payment up to a maximum of 50% off, upon request. Should the uptime be equal to or below 90%, then the user will receive a free months service upon request.

Any scheduled downtime do to maintenance of server hardware, software, or network does is not included in the downtime percent. Once the issue of an unexpected has been identified and the user has been notified, and subsequent downtime is considered known downtime, and not included within the downtime percent. Downtime's resulting from denial of service attacks (DoS) are not included within the downtime. Downtime as a result of account suspension or termination is not included within the downtime percent.

12. Resource Usage

The user may not:

13. Bandwidth Allocation

The user is provided by the service provider, an allocated amount of bandwidth. Should the user reach or exceed this bandwidth amount, the user's account shall be suspended. Such suspensions will not be lifted until section 6.2 has been satisfied.

Any overages less than five-hundred (500) megabytes (MB) before the initial suspension will not result in overage charges for the user. Any overages over this amount before suspension will result in a per gigabyte (GB), rounded to the next gigabyte (GB), charge due at the time of the account being reinstated.

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:

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/terms/privacy.html.

22. Questions

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