Terms of Service
IMPORTANT NOTICE: KryptonHosting works on a monthly or yearly basis, all payments to KryptonHosting for Usage are non-refundable after 30 days. In case of downtime the damage will be compensated, please read section IV. Uptime Guarantee.
This Service Agreement governs customers purchase and use, in any manner, of Hosting, as described in the Order Form, ordered by customer and accepted by KryptonHosting and describes the terms and conditions that apply to such purchase and use of the Services. KryptonHosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modification will be effective upon posting of the revisions on our site. KryptonHosting may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following KryptonHosting posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY KryptonHosting, OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED BELOW.
1. This Agreement shall be for an "Initial Term" of thirty (30) days for Hosting. Customer agrees to all terms and conditions of services provided by KryptonHosting, beginning upon receipt by fax, e-mail, or express mail.
2. All charges for Services are non-refundable and must be paid in advance according to the then current price applicable to the Services. Upon registration for Hosting Services, customer must choose to pay for the Services either by credit card via paypal or upon your receipt of an invoice. If customer chooses to pay by credit card upon registering for Hosting Services, customer thereby authorizes KryptonHosting to charge you to pay for any charges that may apply to your account. Customer agrees that KryptonHosting may accumulate any supplemental charges, as described in the Order Form, incurred by you in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then invoice the charges to customer. Customer must notify KryptonHosting of any changes to your billing information, your billing address, or any information that may prohibit KryptonHosting from charging you. If customer chooses to be invoiced upon registration for Hosting Services, KryptonHosting will send an invoice to you for the Services applicable to the period for which you have registered for the Services. KryptonHosting may also send periodic invoices to customer for any applicable Supplemental Charges associated with your use of the Services.
Customer agrees to pay to KryptonHosting the amount indicated in each invoice by the due date reflected on the invoice. If customer fails to pay any fees and taxes within three (3) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by you to KryptonHosting. In addition, customers failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, justifying KryptonHosting suspension of its performance of the Services and/or termination of this Agreement. Customer is responsible for any fees associated with reinstated of Services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys fees, court costs and collection agency fees.
3. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide KryptonHosting with notice of termination either (a) at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable.
4. Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customers package shall be billed accordingly.
5. All orders are subject to acceptance by KryptonHosting. An order will be deemed accepted by our company when confirmation of the order is sent to the customer. We may refuse to accept any order, or delay acceptance awaiting completion of conditions the company may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and KryptonHosting agrees to provide the customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.
6. KryptonHosting reserves the right to suspend the customers account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, failed subscription payments, and invalid checks or echecks. KryptonHosting Also reserves the rights to refuse service to customers and/or prospects who are abusive toward KryptonHosting employees and consultants.
7. Bandwidth utilization will be monitored via MRTG and calculated by the following method: Monthly Avg. In + Monthly Avg. Out / 8 Bits x 60 seconds x 60 minutes x 24 hours x 30.5 days = Total Data Transfer (GB). Furthermore, the max burst rate for each port / server is 100Mbps X 4 (BG4 Routing)
8. Servers provided KryptonHosting are unmanaged. Customer will be responsible for all server management and administration related issues. KryptonHosting will provide free manual reboot upon a request. Additional professional (remote hand) support is also available at $28.00 per hour with a one (1) hour minimum requirement.
9. KryptonHosting may filter and block certain ports without notice at any time to protect the network from Denial of Service (DDoS), SYNC, and Ping flood attacks. Customer will need to consult with the engineering department as to which ports are available.
II. Taxes
KryptonHosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the customer or KryptonHosting servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
III. Material and Products
1. KryptonHosting will exercise no control whatsoever over the content of the information passing through the network or on the customers web sites. KryptonHosting makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. KryptonHosting also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the customer. KryptonHosting is not responsible for any loss, erasure, or corruption of customers data or files whatsoever. Use of any information obtained by way of KryptonHostingis at the customers own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of connection to our network and does not represent guarantees of available end to end bandwidth. KryptonHosting expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. KryptonHosting specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", KryptonHosting may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers. KryptonHosting agrees to notify customer immediately of our refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by KryptonHosting within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
IV. Warranties & Representations
Customer warrants, represents, and covenants to KryptonHosting that (a) you are at least nineteen (19) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
V. Trademarks & Copyrights
Customer warrants that it has the right to use the applicable trademarks, if any. KryptonHosting may request the right to use such trademarks in connection with our service. Customer will review such a request promptly, and not unreasonably withhold such permission.
VI. Termination
This Agreement may be terminated by KryptonHosting, without cause, by giving the other party three (3) days notice via e-mail or fax. In such event, the company will not be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Not withstanding the above, KryptonHosting may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customers responsibility to point your domain to another service provider upon termination, cancellation or discontinuation of service.
VII. Limited Liability
1. Customer expressly agrees that use of KryptonHosting Servers is at customers sole risk. Neither the company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that KryptonHosting service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledge and accept that any damages will be limited to no more than 100% of the previous months invoice.
2. Under no circumstances, including negligence, shall KryptonHosting, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to KryptonHosting records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
VIII. Indemnification
Customer agrees that it shall defend, indemnify, save and hold KryptonHosting harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against the company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KryptonHosting against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on KryptonHosting Servers.
IX. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. KryptonHosting and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
X. Confidentiality
Customer acknowledges that by reason of their relationship, both customer and KryptonHosting may have access to certain products, information and materials relating to the other partys business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both KryptonHosting and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and KryptonHosting further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the customer or KryptonHosting.
XI. Notices
Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
Service Contact
You can contact us here.
IMPORTANT NOTICE: KryptonHosting works on a monthly or yearly basis, all payments to KryptonHosting for Usage are non-refundable after 30 days. In case of downtime the damage will be compensated, please read section IV. Uptime Guarantee.
This Service Agreement governs customers purchase and use, in any manner, of Hosting, as described in the Order Form, ordered by customer and accepted by KryptonHosting and describes the terms and conditions that apply to such purchase and use of the Services. KryptonHosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modification will be effective upon posting of the revisions on our site. KryptonHosting may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following KryptonHosting posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY KryptonHosting, OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED BELOW.
1. This Agreement shall be for an "Initial Term" of thirty (30) days for Hosting. Customer agrees to all terms and conditions of services provided by KryptonHosting, beginning upon receipt by fax, e-mail, or express mail.
2. All charges for Services are non-refundable and must be paid in advance according to the then current price applicable to the Services. Upon registration for Hosting Services, customer must choose to pay for the Services either by credit card via paypal or upon your receipt of an invoice. If customer chooses to pay by credit card upon registering for Hosting Services, customer thereby authorizes KryptonHosting to charge you to pay for any charges that may apply to your account. Customer agrees that KryptonHosting may accumulate any supplemental charges, as described in the Order Form, incurred by you in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then invoice the charges to customer. Customer must notify KryptonHosting of any changes to your billing information, your billing address, or any information that may prohibit KryptonHosting from charging you. If customer chooses to be invoiced upon registration for Hosting Services, KryptonHosting will send an invoice to you for the Services applicable to the period for which you have registered for the Services. KryptonHosting may also send periodic invoices to customer for any applicable Supplemental Charges associated with your use of the Services.
Customer agrees to pay to KryptonHosting the amount indicated in each invoice by the due date reflected on the invoice. If customer fails to pay any fees and taxes within three (3) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by you to KryptonHosting. In addition, customers failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, justifying KryptonHosting suspension of its performance of the Services and/or termination of this Agreement. Customer is responsible for any fees associated with reinstated of Services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys fees, court costs and collection agency fees.
3. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide KryptonHosting with notice of termination either (a) at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable.
4. Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customers package shall be billed accordingly.
5. All orders are subject to acceptance by KryptonHosting. An order will be deemed accepted by our company when confirmation of the order is sent to the customer. We may refuse to accept any order, or delay acceptance awaiting completion of conditions the company may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and KryptonHosting agrees to provide the customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.
6. KryptonHosting reserves the right to suspend the customers account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, failed subscription payments, and invalid checks or echecks. KryptonHosting Also reserves the rights to refuse service to customers and/or prospects who are abusive toward KryptonHosting employees and consultants.
7. Bandwidth utilization will be monitored via MRTG and calculated by the following method: Monthly Avg. In + Monthly Avg. Out / 8 Bits x 60 seconds x 60 minutes x 24 hours x 30.5 days = Total Data Transfer (GB). Furthermore, the max burst rate for each port / server is 100Mbps X 4 (BG4 Routing)
8. Servers provided KryptonHosting are unmanaged. Customer will be responsible for all server management and administration related issues. KryptonHosting will provide free manual reboot upon a request. Additional professional (remote hand) support is also available at $28.00 per hour with a one (1) hour minimum requirement.
9. KryptonHosting may filter and block certain ports without notice at any time to protect the network from Denial of Service (DDoS), SYNC, and Ping flood attacks. Customer will need to consult with the engineering department as to which ports are available.
II. Taxes
KryptonHosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the customer or KryptonHosting servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
III. Material and Products
1. KryptonHosting will exercise no control whatsoever over the content of the information passing through the network or on the customers web sites. KryptonHosting makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. KryptonHosting also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the customer. KryptonHosting is not responsible for any loss, erasure, or corruption of customers data or files whatsoever. Use of any information obtained by way of KryptonHostingis at the customers own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of connection to our network and does not represent guarantees of available end to end bandwidth. KryptonHosting expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. KryptonHosting specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", KryptonHosting may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers. KryptonHosting agrees to notify customer immediately of our refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by KryptonHosting within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
IV. Warranties & Representations
Customer warrants, represents, and covenants to KryptonHosting that (a) you are at least nineteen (19) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
V. Trademarks & Copyrights
Customer warrants that it has the right to use the applicable trademarks, if any. KryptonHosting may request the right to use such trademarks in connection with our service. Customer will review such a request promptly, and not unreasonably withhold such permission.
VI. Termination
This Agreement may be terminated by KryptonHosting, without cause, by giving the other party three (3) days notice via e-mail or fax. In such event, the company will not be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Not withstanding the above, KryptonHosting may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customers responsibility to point your domain to another service provider upon termination, cancellation or discontinuation of service.
VII. Limited Liability
1. Customer expressly agrees that use of KryptonHosting Servers is at customers sole risk. Neither the company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that KryptonHosting service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledge and accept that any damages will be limited to no more than 100% of the previous months invoice.
2. Under no circumstances, including negligence, shall KryptonHosting, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to KryptonHosting records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
VIII. Indemnification
Customer agrees that it shall defend, indemnify, save and hold KryptonHosting harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against the company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KryptonHosting against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on KryptonHosting Servers.
IX. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. KryptonHosting and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
X. Confidentiality
Customer acknowledges that by reason of their relationship, both customer and KryptonHosting may have access to certain products, information and materials relating to the other partys business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both KryptonHosting and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and KryptonHosting further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the customer or KryptonHosting.
XI. Notices
Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
Service Contact
You can contact us here.
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