KJHosting terms and Conditions:
This agreement is required to obtain and maintain a web hosting service with KJHosting. It acts as protection for both KJHosting and its customers, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.
Our services may only be used for lawful purposes. Transmission or solicitation of any material which violates national and/or international laws which may apply in our local jurisdiction or your local area, is prohibited. This includes material which is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws. Hosting or storing of MP3’s are illegal unless you own the copyright to the said MP3’s. PORNOGRAPHIC CONTENT & WAREZ SITES ARE STRICTLY PROHIBITED.
You agree to indemnify and hold harmless KJHosting in any legal action which arises as a result of your use of our services, without limitation or exception.
KJHosting makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold KJHosting responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, KJHosting agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate amount, but that no further compensation will be made. Scheduled outings and account suspensions do not count towards our refund policy.
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access.
You agree that the security of your account or server is first and foremost your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify KJHosting immediately. You are responsible for any misuse of our services, even for example, if the misuse was committed by a friend, family member, guest, employee or customer with access to your account or website. You are also responsible for any such misuse regardless of whether it was with or without your consent. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account or website.
KJHosting, at it’s sole discretion, shall suspend any account that uses a MySQL database which we deem to be excessive. As a guide only, you must not have databases larger then 400Mb in size.
You understand that the hosting service we provide is a ‘shared hosting’ service, and as such, your account will be deemed to be using excess resources, and therefore suspended without notice, if it uses up more than 10 times the average daily usage of any resource of the server it is on.
You agree that use of our services is at your own risk. The services are provided by KJHosting on an “AS IS” and “AS AVAILABLE” basis. KJHosting expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You agree not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet postings through KJHosting’s Server services. You specifically agree that the use of KJHosting’s Server services for unsolicited mass mailings or postings (commonly known as “Spam”) will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to KJHosting, both monetary and in reputation, as well as hourly fees for reading the complaints which may arise.
You agree that we have the right and responsibility to fully co-operate in any legal investigation regarding any aspect of our services, including services sold to you.
You agree to supply a current and truthful name, postal address, billing address and telephone number for our records. KJHosting agrees not to sell or donate its mailing list to any other company or person, and not to publish any information about its customers beyond that which is freely available and other standard system utilities.
You agree that backup of files is your responsibility and that KJHosting is in no way responsible for the loss of, or for saving or returning any data, files or directories stored on the server for/to the Client.
You agree that KJHosting should never be used as any “master” or primary or critical copy of any content.
This contract supersedes any written, electronic, or oral communication you may have had with KJHosting or any representative thereof, and constitutes the complete and total agreement between the parties.
Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with KJHosting, at our discretion. Criminal or civil prosecution may result in extreme cases. KJHosting reserves the right to refuse or discontinue service to anyone at our sole discretion without notice. Your access to all or part of our services may be denied without notice if KJHosting believes any of the terms and conditions have been violated.
a) Client agrees to a monthly, quarterly, six monthly, or annual contract. Accounts are payable in advance monthly, quarterly, 6 monthly or yearly as agreed to, and signifies such agreement by acknowledgement in account setup form or subsequent written agreement. A month is considered to be a calendar month. All accounts are effective as of signup The date at which a new account becomes active shall be the date upon which notification is sent to the client or notice of service is in other way notified by KJHosting to the client as ready for use, regardless of a new Domain Name being applied for or transfer of an existing Domain Name to the new server.
b) Applicable fees for a domain name web hosting account, plus setup charges (if applicable), and registration fees (where applicable),or any other service offered shall be due prior to account activation.
c) This agreement will automatically renew for successive 3 monthly, 6 monthly or yearly periods unless cancelled in writing at least seven days prior to the renewal date. Client will receive an invoice via email for hosting charges. Renewal prices are subject to change. Renewal of services by client indicates agreement to contract revisions.
d) Invoices are sent out via email.
e) If an account is not paid in full within 7 days of the due date then then we have the right to suspend your account (without notice) until all payments have been received.
f) KJHosting reserves the right, in its sole discretion, to deactivate the Client’s account(s) upon an indication of credit problems including delinquent payments. In such case KJHosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client.
g) A reconnection fee of AU$40 applies to any service or account being reinstated past the date of suspension. Full setup fee is charged after reinstatement of cancellationor cancellation. The Client also agrees that any unpaid balance due thereunder shall bear interest at the rate of 10% compounded per annum, and that costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance.
h) KJHosting reserve the right to decrease or increase charges at any time. Such increases will be advised at least one month prior to invoicing.
i) Bandwidth overage fees will apply on accounts that exceed the data limits.
A Client is not allowed to resell the storage and/or transfer services provided by KJHosting unless the express permission of KJHosting is sought.
Hardware, Equipment and Software
Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the KJHosting’s services. KJHosting makes no representations, warranties or assurances that Client’s equipment will be compatible with KJHosting’s services.
Client certifies that he or she is at least 15 years of age.
a) Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or KJHosting. All messages transmitted via KJHosting’s service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
b) Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. KJHosting is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network KJHosting or its customers may utilise.
c) Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. KJHosting reserves the right to deactivate the Client’s Server account(s) upon and indication of such activity. In such case KJHosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless KJHosting from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s Server account(s).
a) Client expressly agrees that use of KJHosting’s service is at Client’s sole risk. KJHosting, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, cannot warrant that the KJHosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the KJHosting Server service, unless otherwise expressly stated in this Agreement.
b) Client hereby agrees that any material submitted for publication by KJHosting through Client’s account(s) will not contain anything leading to an abusive or unethical use of the server product(s) or the host server(s). Abusive or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless KJHosting from any claim resulting from Client’s publication of material or use of those materials. KJHosting may or may not give notice before deactivating the use of an account(s) which KJHosting decides is an abusive or unethical use of, or a potentially illegal use of the Server account(s) or host server(s). In such case KJHosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless KJHosting for any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall KJHosting, its officers, agents or anyone else involved in creating, producing or distributing KJHosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use KJHosting’s Server services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to KJHosting’s records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on KJHosting’s Server services.
e) Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
f) In the case of “Force Majeure” (as defined below), KJHosting will notify the Client at the earliest opportunity of the circumstances. “Force Majeure” will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of “Force Majeure”.
“Force Majeure” means any event or thing outside KJHosting’s reasonable control, which directly or indirectly causes KJHosting’s Servers becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond KJHosting’s reasonable control, which causes a delay or ultimately a failure to perform KJHosting’s obligations under this Agreement.
Client agrees that KJHosting is in no way responsible for support for editing or configuring of scripts, web pages, FTP transfer of files, problems that are the responsibility of the customer, or anything else that is not server specific related.
Client agrees that it shall defend, indemnify, save and hold KJHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against KJHosting, agents, its clients, 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 Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless KJHosting against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with KJHosting’s Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server.
a) This Agreement may be terminated by either party, without cause, by giving the other party 7 days written notice. Notwithstanding the above, KJHosting may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.
b) In the event that it becomes necessary for KJHosting to enforce the terms of this agreement KJHosting shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney’s fees.
Acknowledgement and acceptance of this agreement is required for an account to be setup at KJHosting. By signing-up for hosting services you indicate that you have read and understand this service agreement in it’s entirety and agree to be bound by it’s content. If you are not satisfied with these terms and conditions then you must discontinue use of our hosting services.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Australia, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of New South Wales, Australia.
KJHosting may revise these terms and conditions from time to time by posting a new version of this document on our hosting site. Any new version of these terms will be effective within 14 days of posting unless KJHosting considers (in its sole discretion) that a period shorter than 14 days is necessary to protect the integrity, security or smooth operation of KJHosting services. As such, users should consult this document on a regular basis to ensure that they are familiar with the most recent version.