 |
 |
    |
|
 Navigation        
|
|
Terms of Service TERMS OF SERVICE 1.
Term and
Payment for Services iHostKing.com. ("iHostKing.com") is striving to be the best comprehensive hosting solutions company in the industry. This Terms of Service Agreement ("Agreement") governs your purchase and use, in any manner, of all services provided by iHostKing.com and any of its affiliates (the "Services"). You must accept the terms of this Agreement in order to use the Services. NOTWITHSTANDING ANY ALLEGATIONS TO THE CONTRARY, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES WHICH ARE HEREBY INCORPORATED BY REFERENCE HEREIN. iHostKing.com reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums 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 changes or modification will be effective upon posting of the revisions on the iHostKing.com Web site (the "Site"). Your continued use of Services following iHostKing.com's posting of any changes or modifications will constitute your acceptance of such changes or modifications. 1. Term and Payment for Services 1.1. Term This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. "Initial" is defined when the user uses the service and/or when the user has paid its fee for said service. 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 iHostKing.com with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term. You must provide iHostKing.com with your notice of termination by opening up a support ticket in the Customer section of our website, which can be reached by clicking on the support button, and then logging into our system, and opening up a support ticket and stating that you want to cancel your account, or as otherwise provided by this Agreement. Upon opening said support ticket and informing us that you want to cancel your account, you will be asked to provide iHostKing.com with sufficient customer identification information so that iHostKing.com may properly identify you and your account. Any notice of termination will be effective following thirty (30) days after iHostKing.com's receipt thereof. Once customer makes a purchase they are entitled to the service. The iHostKing.com Network will deliver its services to the fullest extent possible as provided by this agreement and other policies incorporated herein. 1.2. Termination Policy If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) iHostKing.com will refund to you any fees paid in advance of such termination. However, terms for greater than one month are discounted because you have prepaid for a period greater than a month. In consideration of the fact that iHostKing.com has provided a discount for contract periods greater than one month, iHostKing.com shall be entitled to retain as liquidated damages for the cancellation of a contract for greater than one month, the base monthly rate posted on the iHostKing.com website for your service, for the period of time that you have had actual hosting. In other words, if you paid for 12 months of service at the discounted rate, and you cancel your service after two months, iHostKing.com will be entitled to retain as liquidated damages two months payment at the higher monthly base rate, and not the discounted one year rate. iHostKing.com.com reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then the refund will be pro rated for the unused days in a given month, subject to the terms above for cancellation of discounted plans before the period of time for a plan greater than one month has elapsed. Your termination request or notice must be submitted to iHostKing.com in the manner described in Section 1.1. iHostKing.com may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination or as provided below. 1.3 Default and Cure In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement. 1.4. Charges You agree to pay for all charges attributable to your use of the Services at the then current iHostKing.com prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on iHostKing.com's net income. 1.5. Payment All accounts are paid first. Once payment is received, the account is activated. Each payment is due on or before the same day and month of the next term period. For example; if you have a monthly plan, and you signed up on April 5th, 2005, you next payment would be due on or before May 5th, 2005. If you have a yearly plan, and you signed up on April 5th, 2005, then your next payment would be due on or before April 5th, 2006. The customer will be notified that a payment is due, via email, 10 days prior to the due date. Failure to make the payment will cause termination of the account. Reactivation of any account is $5.00 U.S. Dollars. A payment by money order must be received by us on or before the due date, no exceptions. All charges for Services must be paid in advance pursuant to the then current prices applicable to the Services ordered by, and provided to the customer. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card, or receive an invoice and submit subsequent payment. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize iHostKing.com to charge your credit or debit card to pay for any charges that may apply to your account. You must notify iHostKing.com of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit iHostKing.com from charging your account. If you choose to be invoiced upon registration for Services, iHostKing.com will invoice you for the Services applicable to the period for which you have registered for the Services. You hereby agree to pay to iHostKing.com the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, your account will be terminated. 1.6. Refund Policy Refund Policy Customer has seven days to do a "trial period" with our hosting package. In these seven days period the customer has the right to cancel or demand a full refund if they are not satisfied with the service. However, after exceeding this seven day period the customer will not be entitled to a full refund and they will be billed until a cancellation is initiated. However, customers are entitled to a pro rate refund for any unused days in a given month, subject to the rules governing discounted hosting plans for greater than one month above. This refund policy applies to only iHostKing.com Network Web hosting Services only, and not Domain Names, SSL Certificates, or other products provided by iHostKing.com which are not related to it's internet hosting service. There shall be no right to a refund for the purchase of any Domain Name, or SSL Certificate. 2.1. Applicable Use Policy The iHostKing.com Acceptable Usage Policy (the "Usage Policy") governs the general policies and procedures for use of the Services. The Usage Policy is posted on iHostKing.com's Web site (or such other location as iHostKing.com may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. iHostKing.com RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT. THE ACCEPTABLE USAGE POLICY IS HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE AS FULLY SET FORTH HEREIN. 2.2. Material and Product Requirements Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on iHostKing.com's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by iHostKing.com. iHostKing.com will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", iHostKing.com has the option at any time to reject this material. iHostKing.com will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of iHostKing.com. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not iHostKing.com's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and iHostKing.com. 2.3. Bandwidth and Storage Usage You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. 3.1. Investigation of Violations iHostKing.com may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. iHostKing.com will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process. 3.2. Actions iHostKing.com reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, iHostKing.com may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on iHostKing.com's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by iHostKing.com which, in iHostKing.com's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes iHostKing.com to civil or criminal liability or public ridicule. It is iHostKing.com's policy to terminate repeat offenders. iHostKing.com's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If iHostKing.com takes corrective action due to such possible violation, iHostKing.com shall not be obligated to refund to you any fees paid in advance of such corrective action. 3.3. Disclosure Rights To comply with applicable laws and lawful governmental requests, to protect iHostKing.com's systems and customers, or to ensure the integrity and operation of iHostKing.com's business and systems, iHostKing.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on iHostKing.com's servers and systems. iHostKing.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. 4. Intellectual Property Rights 4.1. Your License Grant to iHostKing.com You hereby grant to iHostKing.com a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to iHostKing.com a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. 4.2. iHostKing.com Materials and Intellectual Property All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by iHostKing.com or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by iHostKing.com to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of iHostKing.com or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by iHostKing.com during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement. 4.3. Trademarks You hereby grant to iHostKing.com a limited right to use your trademarks, if any, for the limited purpose of permitting iHostKing.com to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement. 5. Warranty; Warranty Disclaimer 5.1. Customer and/or Third Party Acts iHostKing.com is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, iHostKing.com is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond iHostKing.com's reasonable control. 5.2. No Express or Implied Warranty ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY iHostKing.com UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY FACT OR LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT iHostKing.com EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH IHostKing.com's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. IHostKing.com DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED THIS AGREEMENT, IHostKing.com DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. 5.3 Your Warranties and Representations to iHostKing.com You warrant, represent, and covenant to iHostKing.com that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (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 authorization(s) 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 and/or any software that you install or provide 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. 6. Limitation and Exclusion of Liability 6.1. Limitations IN THE EVENT IHostKing.com SHALL HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO IHostKing.com, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. IHostKing.com SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IHostKing.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF IHostKing.com TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO IHostKing.com BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY IHostKing.com UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE IHostKing.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 6.2. Interruption of Service You hereby acknowledge and agree that iHostKing.com will not be liable for any delay, outages or interruptions of the Services. Further, iHostKing.com shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, packet loss, server crashes, communications or third-party supplier failure). 6.3. Maintenance You hereby acknowledge and agree that iHostKing.com reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. iHostKing.com will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance. 7. Indemnification You will defend, indemnify and hold harmless iHostKing.com and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnities") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnities by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by iHostKing.com; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
8. Miscellaneous 8.2. Notices All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered. 8.3. Choice of Law and Forum THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES, AND THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. EACH PARTY TO THIS AGREEMENT HEREBY AGREES THAT ANY AND ALL LEGAL DISPUTES BETWEEN THE PARTIES SHALL BE SUBMITTED TO BINDING ARBITRATION IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. FURTHER, ANY ACTION RELATING TO THIS ENFORCEMENT OF THIS AGREEMENT SHALL BE BROUGHT IN THE CALIFORNIA SUPERIOR COURT, COUNTY OF LOS ANGELES , AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SAID COURTS. WITH RESPECT TO BINDING ARBITRATION, THE PARTIES HEREBY AGREE TO MUTUALLY SELECT AN ARBITRATOR, AND THAT SUCH ARBITRATION WILL BE CONDUCTED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. IF THE PARTIES DO NOT AGREE ON AN ARBITRATOR, THEN AN ARBITRATOR, WHO IS A MEMBER OF THE AMERICAN ARBITRATION ASSOCIATION, SHALL BE APPOINTED BY JUDICATE WEST, TO CONDUCT SAID ARBITRATION, WITH SAID ARBITRATION BEING CONDUCTED AT JUDICATE WEST IN LOS ANGELES, CALIFORNIA. EACH PARTY SHALL PAY 50% (FIFTY PERCENT) OF ANY ADVANCE COST OF SAID ARBITRATION. HOWEVER, THE LOSING PARTY SHALL BE RESPONSIBLE FOR THE ENTIRE COST OF SAID ARBITRATION, AND THE LOSING PARTY SHALL PAY ANY ADVANCE FEES THAT WERE PAID BY THE WINNING PARTY FOR THE ARBITRATION, AND ANY ADDITIONAL FEES THAT MAY BE OWED FOR SAID ARBITRATION. THE PARTIES MAY STIPULATE TO THE MODIFICATION OF ANY OF THE TERMS OF THIS CLAUSE, SO LONG AS SAID STIPULATION IS IN WRITING, AND SIGNED BY ALL PARTIES AND THEIR ATTORNEY'S. 8.4. Entire Agreement This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties. 8.5. No Fiduciary Relationship; No Third‑Party Beneficiaries IHostKing.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto. 8.6. Assignments You may not transfer or assign your rights, duties, or obligations under this Agreement without iHostKing.com's prior written consent. iHostKing.com may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees. 8.7. No Waiver iHostKing.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of iHostKing.com's right to subsequently enforce such provision or any other provisions under this Agreement. 8.8. Severability If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. 8.9. Survival All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement. 8.10. Modification iHostKing.com reserves the right to add, delete, or modify any provision of its Terms and Condition, and Acceptable Usage Policy at any time without notice.
|
|
|
|
Copyright
2005-2007, iHostKing.Com™, a Norman
International Company