(C) ACCEPTABLE USE POLICY
(1) RESTRICTIONS ON USE
(a) You agree to use the Service for lawful purposes only. The laws of the province of Quebec and of Canada apply to this Agreement and your use of the Service. In the interest of maintaining a professional, functional and high-end service, we have a few other terms for users of our Service. While some of these conditions may seem harsh, be aware that they are necessary given the ever-changing nature of the World Wide Web and the Internet. Some of our competitors may not require their customers to comply with these terms, and if any of our existing or potential customers are unwilling or unable to comply with these terms, we understand and urge them respectfully to seek service elsewhere.
(b) Ce qui suit représente une liste partielle des activités qui sont interdites lors de l’utilisation du Service, chacune d’entre elles pouvant entraîner la suspension ou la fermeture du compte ou du service sans préavis ou autre. Sans limitation et sans ordre particulier, le Service ne peut PAS être utilisé pour héberger, afficher, publier, propager, télécharger, télécharger, transmettre, transférer, diffuser, distribuer, reproduire, vendre, lier ou faciliter l’accès à:
- Any content or website that contains material that we believe is intended to promote illegal, threatening, obscene, abusive, harassing, defamatory, libelous, slanderous, hateful, or violating any section of this Agreement is prohibited;
- Any content or website that contains private or confidential information including, but not limited to, credit card information or that of any other person or party other than for the operation of the site, social insurance numbers or any other identity number, non-public telephone number, address or email address;
- Any content or website which, in our opinion, is material of child sexual abuse, child erotica, indecently depicts children, or that poses harm or potential harm to a child;
- Any content or website containing material which, without our written consent, is pornographic, sexually explicit, obscene or violent in nature;
- Any content or website that promotes, encourages or engages in terrorism, violence against people, animals or property;
- Any content or website designed or used to hack or enter remote systems;
- Any content or website configured to function as an open http proxy;
- Any content or website designed or used to commit or facilitate a “phishing” attack;
- Any content or website that contains malware, including, but not limited to, software viruses, Trojans, worms, time bombs, or any other computer code, file or program designed to interrupt, destroy , alter or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment;
- Unsolicited or mass e-mail (SPAM), including, but not limited to, the use of the SMTP service or the Service’s mail script to send SPAM over our networks or other systems with a message making reference to their website. SPAM is defined in paragraph (C) (3) (c). Our definition of SPAM is different from the US CAN-SPAM and Canadian CASL law, please read it;
- “Snowshoe spamming” (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread the SPAM load);
- Any content or website which is, in our opinion, designed to function as a website for bitcoin “farming”, bitorrenting, pirated software or illegal or unlicensed software or “warez” website;
- Tout Contenu ou site Web qui, à notre avis, est conçu pour fonctionner comme un service ou site Web «Tor relay»;
- Any content or website that contains URL shortener validation software;
- Tout contenu ou site Web qui contient ou facilite l’accès à tout matériel qui est interdit par Kenotronix
- Any content or website that contains content that infringes any right of any person or party, including, but not limited to, a person’s or party’s right to privacy or intellectual property rights ;
- Any content or website that in our opinion is designed or used to exploit, extract or otherwise collect any content or information from any Kenotronix database, including, but not limited to, the incorporation of data from any Kenotronix database in any email or white page products or services, whether browser-based, proprietary client site applications, web-based or otherwise;
- Any content or website which, in our opinion, is designed or used to reverse engineer, hack, invade or gain unauthorized access to any of our communications systems, devices or resources, or any other system , communication device or resource (including, but not limited to security discovery activities or other attempts to assess the security integrity of a network or host system without written permission );
- Any content or website which, in our opinion, is designed, used, operated as or for website purposes; IRC scripts / bots; IRCD (irc servers); proxy / anonymizer scripts; image hosting scripts (similar to Photobucket or Tinypic); AutoSurf / PTC / PTS / PPC sites; IP scanners; bruteforce programs / scripts / applications; spam bombers / scripts; banner advertising services (rotation of commercial banners); file / mirror dump scripts (similar to rapidshare); commercial audio broadcasting (more than one or two streams); fiduciary / bank debentures or bank debenture exchange programs; High Yield Interest Programs (HYIP) or related sites; investment sites (eg FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme); the sale of any controlled substance without prior proof of the appropriate permits; first-rate banking programs; lottery / gambling sites; MUD / RPG / PBBG; hacker-focused sites / archives / programs; fraudulent sites (including, but not limited to, sites listed on aa419.org & escrow-fraud.com); push button messaging scripts; streaming or streaming of live sporting events (e.g. UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.); “tell a friend scripts”; anonymous or bulk SMS gateways; Websites advertised via SPAM (“Spamvertised”); organization, entities or websites listed in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc.); or mailer pro.
(a) If you do not protect your password, you may be hacked. Don’t say we didn’t warn you. Notwithstanding any of the terms of this Agreement, you are responsible and solely responsible for maintaining the confidentiality and security of the passwords used to access the Kenotronix Account, the Service and the Peripherals. Any activity that occurs under your username and password will be considered performed by you and you are solely responsible for that activity. Kenotronix will not be liable for any loss or damage arising out of or otherwise related to your inability to maintain control over access to your password or username, account, service or devices, whether by due to your own negligence or for any other reason. As a general rule, it is best that you change all of your passwords periodically and at any time you believe the account, service, one of the devices, or any of your other usernames or passwords have been compromised.
(b) Passwords like “password1” and “love4god” are too common and are fairly easy to understand. You are responsible and solely responsible for using industry standard security best practices, such as the use of strong passwords. If you use an insecure password, the account, service and / or devices may be hacked or otherwise compromised, and you will be solely responsible in such event. Audits can be performed to verify weak passwords. However, you should not in any way rely on the performance of any audit by Kenotronix. If an audit is performed and it is determined that your password is weak, your account may be suspended or you will be asked to update your password to a more secure password within 24 hours.
(c) We may be able to help you recover your MyAccount password. If you forget your MyAccount password, you can use two methods to recover it. You can either use the “Forgot password?” link on the login page on the login page of our website, or fill out the update profile form. If you use the “Forgot your password?” Link, we’ll send a reset password link to the primary email address we have registered for you. Please be aware that before sending the reset password link, you will need to provide us with the primary domain of the account and the primary email address we have registered for you. If you do not have access to the primary email address we have registered for you, or if you do not know or remember the primary email address, domain, or both, your only recourse to recover your password will be to submit the profile update form along with a copy of your valid government issued photo ID. If your submission is incomplete, illegible, or if you provide expired documentation or we reasonably suspect it to be fake, we may, at our sole discretion, reject your request, require additional documentation or block all access to the Account. or Service.
(3) ADDITIONAL USE RESTRICTIONS
(a) Any content that in our opinion is questionable or that violates any section of this agreement, or any law or regulation to which Kenotronix is subject, to any degree, may be removed from our servers (or otherwise disabled). ), at our sole discretion, with or without notice and without obligation. The account can also be suspended or closed in such a case.
(b) You agree to use the Service in a manner that does not interfere with or disrupt service to other Kenotronix customers or to any of our systems. Kenotronix reserves the right to suspend or close the account, without notice, if, in our opinion, such interference or interruption is determined by Kenotronix. Some examples of such interference or disturbance include, but are not limited to, some of the items listed in the section (C) (1) (b) and any customer action which has caused Kenotronix’s mail servers or any of our IP ranges to be placed on a “black hole” list or on any other mail filtering software system used by Internet businesses.
(c) For our purposes, in simple terms, SPAM includes, but is not limited to, the sending of unsolicited bulk e-mail, often in abundance. To be clear, we do not allow spamming on any service on our systems. To this end, please note that the following limits apply to the number of emails that can be sent through any service: 50 emails per minute / 500 emails per hour. Exceeding these limits constitutes a violation of this Agreement and the Account is subject to suspension or closure, without notice.
(d) You are not allowed to use your hosting only as a remote storage server.
(e) Kenotronix does not allow excessive striping of hosting services (“excessive striping”). For our purposes, excessive striping describes the condition in which a client attempts to use two or more services, stored with duplicate content, in order to collect an excessive allocation of overall bandwidth, disk space, GPU, or data. ‘other resources in order to avoid an excess on a single service plan. An excessive striping condition can also be achieved by shutting down the Service before their resource limits are reached, and then opening a new Service with almost identical Content to use its pooled resources. Interleaving of content and resources is generally only allowed on products enabled by the load balancer and products that offer consolidated bandwidth billing. Any other form of content striping will be considered excessive and may result in suspension of service or termination of account without notice.
(f) You are not authorized to knowingly allow any other website or hosting server to link to content stored on Kenotronix systems. At least 75% of all content stored on Kenotronix systems must have service-associated HTML, PHP or similar files related to the content stored on that service.
(g) Kenotronix will remain the sole owner of all IP network addresses within the Kenotronix network. You are not allowed to change a TCP / IP configuration that conflicts with or otherwise interrupts network service, using configurations that are not allocated to you by Kenotronix. We will do our best to maintain the permanence of any allocated IP address, however Kenotronix reserves the right to change your underlying IP network address for any reason (including, but not limited to, for updates). upgrade, security provisioning, or other network migration service), without notice. Any request for allocation of additional IP address (es) may be the subject of a request for justification. Justification requirements are subject to change. We reserve the right to reject any request for an additional IP address on the basis of insufficient justification or current use of the IP address.
(h) If we detect repeated unsuccessful connection attempts, we may, without obligation of any kind, deny access to the network from the source of those unsuccessful attempts, and you should contact us to remedy this.
(i) MySQL Resource Usage refers to the amount of Kenotronix MySQL server resources to be used by the application and the MySQL code that the client is running on any Service. MySQL server does not provide a function to measure the usage of individual resources in a shared resource environment. Depending on Customer’s use, Kenotronix may, at its sole discretion, place Customer in a MySQL container.
(j) Parallels® Plesk Panel and cPanel®. Your use of Plesk and cPanel requires acceptance of the Plesk End User License Agreement, and the cPanel End User License Agreement, which are incorporated by reference.
(k) Amazon Web Services Customer License Terms. Your use of the AWS Services is subject to the AWS Customer License Terms, a separate agreement between you and Amazon Web Services, Inc.
(l) Cloud service projects include only those services specified in the associated Statement of Work (“SOW”). Any change request beyond the Services set forth in any Cloud Services SOW will be assessed and billed separately.
(m) Customer must, within 30 days of the completion of any cloud services project, notify Kenotronix if there is a problem with the delivered project. Kenotronix is not responsible for and will not provide support for any problem (s) occurring beyond 30 days of a project.
(n) Customer must ensure that Kenotronix has access to the necessary IT platforms, documentation and personnel (i.e. end users and technical representatives).
(o) Within ten (10) business days of Customer terminating their Kenotronix account, Kenotronix will transfer ownership of Customer’s Amazon Web Services (“AWS”) account to Customer, if applicable. Kenotronix will remove all non-customer AWS Identity Access Management (IAM) accounts, groups, roles, and federations prior to the transfer of account ownership. The transfer of AWS root account credentials will be done through secure and encrypted data transfer.
(p) We reserve the right to charge or reimburse any non-recurring charges as stated in our proposal for any cloud services project.
(1) GENERAL INVOICING
(a) We offer three billing duration options (each one, “billing duration”): Monthly Prepaid, One-Year Prepaid, and Multi-Year Prepaid. If you opt for annual billing terms, we will generally bill you for the basic Service charge once a year. You can request to change the billing duration for a hosting service from yearly to monthly (and vice versa) by sending us a support request. Your request should include: (i) the desired new billing period; (ii) the Service concerned by the modification of the invoicing conditions; (iii) the desired effective date of the change; and (iv) your acknowledgment that there may be a change in the renewal fees due for the hosting service as a result of the change.
(b) If, in our opinion, your purchase constitutes a high risk transaction, we may ask you to provide additional documentation to validate the purchase.
(c) All charges are due before the applicable period. The day you purchase a Service is the official anniversary of that Service (“Billing Date”). For example, if you purchased a service on January 1, 2020, depending on the billing period you selected, your bill date is either January 1 of each year or the first day of each month. The billing date for a service cannot be changed. Since the billing date for a service is specific to that service, it is possible for a single account to have a service with different billing dates.
(d) All amounts are payable to Kenotronix in Canadian dollars (“CAD”). At our sole discretion, we may reject or convert to CAD any payment other than CAD, using the exchange rate in effect at the time of conversion used by our payment processor.
(e) Kenotronix accepts the following payment methods (each, a “Payment Method”): Visa, MasterCard, PayPal and wire transfer. The payment method you specify first will be set as the payment method for the account, unless you change it in your account. We will not honor any limiting, modifying or conditional rating you make with your payment method.
(f) It is your responsibility to ensure that the payment method on file is up to date at all times and that the account balance is kept up to date. If the payment method for the account is a credit or debit card, Kenotronix and / or our payment processor may store the credit or debit card in a database for future renewals. We may automatically attempt to collect payment from this payment method, without notice, when a balance is due.
(g) If the payment method for the account is wire transfer or PayPal, you must manually send payment to Kenotronix before any payment becomes due. Due to the manual nature of bank transfers and PayPal, payment must be sent well in advance of the invoice date to avoid disruption or loss of service. Kenotronix is not responsible to you or any third party as a result of any such disruption.
(h) If payment is not readily available on the registered payment method (i.e. our attempt to collect payment from the credit or debit card is declined by the financial institution), at our sole discretion, we may continue to attempt to obtain payment from your payment method without further notice. If, during our attempts, any of the services on the account become overdue due to our inability to collect payment from your payment method, the account may be suspended or closed for non-payment. Under no circumstances will Kenotronix be responsible for any action we may take against you (such as suspending or closing your account and deleting your content), due to our inability to collect payment for your payment method. payment. All communications we may send to you regarding our inability to collect payment from your payment method are sent as a courtesy only.
(i) The account is considered overdue if Kenotronix does not receive payment within 10 days of the invoice date for any service. The account may be suspended, without notice, if the account remains overdue beyond 10 days from the date of invoice. To restore the account, full payment of any balance must be received by Kenotronix. If full payment of the outstanding balance is not received within 10 days of an invoice date, the account may be closed for non-payment without further notice.
(j) Billing statements become available on the bill date for a service. There are two ways to retrieve the Account billing statements: (i) in MyAccount, or (ii) by email. To deactivate or reactivate the emailing of your billing statements, log in to the MyAccount Account Center and navigate to the Balance and Statements page.
(k) In the event that a billing dispute arises, either by you or by Kenotronix, the dispute must be delivered in writing to the other party within 30 days of the disputed transaction.
(l) If we receive a request to delete a payment method from the account, from a person or party who is not the account holder or a contact of the account, after we have received sufficient documentation confirming that the person making the request is the cardholder, we may, without notice, remove the payment method and refund any or all unauthorized charges levied from the payment method on behalf of the account. Refunds issued in connection with such a request will result in an immediate delay of the account and the refunded amounts will be reassessed on the account. To avoid interruption of service, you must make payment of the outstanding balance and related charges within 72 hours of our notification. Otherwise, the account will be suspended or closed for non-payment.
(m) AUTOMATIC RENEWAL
Unless otherwise specified, KENOTRONIX Services AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL TO THE LATEST SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS ONE YEAR, YOUR RENEWAL PERIOD WILL BE ONE YEAR. THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM DEPARTMENT TO DEPARTMENT. THE ONLY WAY TO DISABLE THIS AUTOMATIC RENEWAL IS TO CANCEL THE SERVICE IN THE ACCOUNT CENTER.
(2) CREDITS AND REIMBURSEMENTS
(a) Installation fees, domain name registration and renewal fees, domain name redemption fees, processing fees, cost of additional services, overage charges, fees for any of the Premium Services defined herein and any penalty charges imposed by Kenotronix (for example, chargebacks or any other charges imposed on Kenotronix in connection with the collection of payment) are fully NON-REFUNDABLE. In addition, no refund will be issued for any account closed in accordance with section (F) (2) (a) of this Agreement.
(b) Credit issued to the Account (“Store Credit”) by Kenotronix is not redeemable for cash and cannot be transferred. Any amount of credit that you do not use will remain in the account for two years or until the account is closed. Credit issuance is solely at the discretion of Kenotronix.
(c) Kenotronix may, in its sole discretion, issue the refund either (i) in the form of a credit, (ii) via PayPal, or (iii) by check. Kenotronix also has the right, but not the obligation, to offer credit for customers requesting refunds, although there are no limitations on refunds imposed by the payment provider, payment processor or the individual issuing bank associated with your payment method.
(d) If we issue a refund to your bank account, PayPal account, or debit / credit card, it may take up to a full billing cycle for the refund to appear in your account.
(e) Discount codes and coupons apply only to the Service to which they are validly applied. Discount codes and coupons are only valid for the initial purchase and will not affect the renewal or recurring price of any service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent stated in that coupon or promotion. Discounts offered after purchasing or agreeing to purchase the Service are not applicable. In the event of any downgrade, upgrade or closure of the Service to which the reduction or coupon code has been applied, the reduction offered in connection with said reduction or coupon code is considered null and void. Discount codes and coupons have no cash value and cannot be transferred or used for subsequent purchases, downgrades, upgrades or changes to any service. Abuse of discount code or coupon is not allowed and may result in account suspension or closure or retroactive adjustment of related charges. Kenotronix reserves the right to end any discount code or promotion at any time without notice.
(f) No credit or refund will be issued for non-use of the Service or cancellation of the Monthly Service after the Invoice Date.
(g) A pro-rated credit may be issued for the Service billed annually upon termination of the Service by you. Annually billed service purchased with a two-month discount will be prorated credit on a 10-month basis, not 12 months. This discount will be canceled if the Service is closed before the end of the Term.
(h) If you cancel hosting services within the first 30 days of purchase (the “Eligibility Period”), in accordance with our Money Back Guarantee, you will receive a cash refund. This is the only cash back offer, and it is only for products listed in the money back guarantee. Accounts closed for violation of this agreement are not eligible for reimbursement of fees, even if the account is closed during the eligibility period.
(a) You agree to pay all prices and charges due for the services purchased or obtained from this website at the time you order the services. We expressly reserve the right to modify our prices at any time. In addition, we reserve the right to adjust the amount of resources allocated to the plans at any time. In the event of a change in prices, charges or allocated resources, notice will be posted online on this website and will be effective immediately without further notice. If you have purchased or obtained Services during a period of several months or years, changes or modifications of prices and charges will take effect when the Services in question are renewed.
(b) You agree to pay, in full, the amount of the recurring charges or one-time, one-time installation charges listed in the service description for each service or product prior to the provision of the service, the acquisition or installation by Kenotronix whenever these charges are due. The service description for each service or product we offer can be found on this website on the web page for each such service or product.
(c) A NON-REFUNDABLE processing fee of $ 25.00 will be charged on each wire transfer. These fees are in addition to any fees that may be assessed by your financial institution.
(d) A NON-REFUNDABLE $ 35.00 processing fee will be charged to the account after Kenotronix approves any request for transfer of account ownership. These fees are in addition to any outstanding account balances. This amount must be paid before we complete the processing of the account ownership transfer.
(e) Overdue charges are NON-REFUNDABLE and are due immediately.
(f) You agree that Kenotronix is not responsible for any costs or expenses that you may incur, including, but not limited to, overdraft and insufficient funds charges that you may incur from a financial institution. or another third party as a result of our attempts to collect payment from your payment method. You agree to take full responsibility for all costs or third party expenses that you may incur as a result of our billing actions.
(g) If you submit an Emergency Restore Request and we are successful in recovering all or part of the requested content from our own backup storage, the then applicable NON-REFUNDABLE restore charges will be assessed and collected from your method of payment. If we are unable to immediately collect these charges from your payment method, or if your payment method is not a credit or debit card, we may withhold any recovered content until the full payment of the catering costs be received by us.
(h) Site travel costs then applicable, per site travel order, will be assessed and collected from the payment method recorded on the account before we provide the site travel service. Once we have initiated the processing of any Site Migration order, that order cannot be canceled and fees paid in connection with the order are NON-REFUNDABLE.
(i) At our sole discretion, we may consider expediting the review and processing of a work order. In the rare event that we do, we will assess a NON-REFUNDABLE charge in addition to the total cost of the purchase order.
(j) All domain registration renewal fees are NON-REFUNDABLE. The domain registration renewal fee is due thirty (30) days before the expiration of the domain registration. For example, if the domain registration expires on 01/12/2013, you must pay the domain registration renewal fee on 01/11/2013 to avoid losing domain ownership.
(k) If Kenotronix is the authorized registration service provider for an expired domain name, it may be possible for us to recover the expired domain name for you, if you act during the redemption grace period. A NON-REFUNDABLE fee of $ 175.00 must be paid before we attempt to recover any expired domain name registration.
(l) You are responsible for paying any charges incurred by Kenotronix in connection with our efforts to collect your payment. We will reassess all account charges and suspend the account until full payment of the outstanding balance has been received. We may also attempt to collect payment of the amount due (including any associated charges) from any other payment method registered on the account.
(m) Regardless of the reason a PayPal credit, debit, or payment is withdrawn by a financial institution, a NON-REFUNDABLE chargeback fee of $ 35.00 will be charged to the account for each chargeback we receive. These fees are in addition to the amounts owed on the account and to any fees assessed by the financial institution. Upon receipt of any chargebacks, we will immediately reassess the associated charges and suspend the account and all services until you fully comply with the instructions set out in our notice to you regarding the chargeback. We may refuse to authorize credit or debit, PayPal, or automated payment from you in the future. Upon receipt of any third chargeback, we will immediately close the account without notice; we may also attempt to collect payment of the amount due (including any associated charges) from any other payment method registered on the account.
(E) NOTICES AND COMMUNICATIONS
(1) METHOD OF COMMUNICATION
You consent to receive electronic communications (e-mail, email) from Kenotronix regarding your use of the Service and regarding Kenotronix’s product and service offerings (“Communications”). Communications may be those that Kenotronix is required to send to you by law relating to the Services (“Required Communications”). Communications may also be those that Kenotronix sends to you for other reasons. Kenotronix may provide these communications to you by sending an email to the email address you provided in connection with the account or by posting the communications on our website. You also consent to receive Communications by telephone or postal mail sent to any mailing address or telephone number provided by you in connection with the Account, although we are not obligated to use these means to send you Communications. You can change the email, mailing address, or phone number Kenotronix has on file for the account through MyAccount. You may, without payment of additional fees, withdraw your consent to receive required communications by email by sending a notice to the customer service address that identifies your full name, account number, primary domain name, primary email address and a valid support PIN or by sending a request to Kenotronix to:
Attention: customer service
2609, rue des Pruches
Quebec City, QC G1G 2A9
However, if you withdraw this consent, please understand that Kenotronix reserves the right to close the account. Any notification that the Customer wishes to send to Kenotronix must be made in writing via a support request or to the customer service address.
Kenotronix is not responsible and will not be responsible for any delays, lost, misdirected, intercepted, unsuccessful or otherwise failed communications to send you the Communications or Required Communications.
(2) COMMON COURTESY
(a) To avoid interruption of service and possible account closure, you are required to act in accordance with the terms of any of the required communications or communications that we may send to you, within the time period specified in such communications. If we make three or more attempts to reach you regarding a matter that requires your attention or action, and we do not receive a response from you within 24 hours of a third attempt, we may suspend or close the account without notice. . Notwithstanding this, we may suspend or close the account if you do not respond to any communications or required communications sent to you by our abuse department, within 48 hours of such communications.
(b) As a courtesy, we may store a copy of certain communications and required communications in MyAccount in the “Assistance Requests” area. Under no circumstances should you rely on any communications or required communications contained therein. You are responsible for regularly checking support requests to ensure that no issues require your attention or immediate action.
(3) PROVISIONS SPECIFIC TO USERS OF G SUITE
Your use of and ability to access your email and / or the entire G Suite suite is subject to Google’s terms of service, which are incorporated herein by reference. By using G Suite, you consent and agree that Google may communicate with you directly for the following purposes: (i) conduct customer service and satisfaction surveys; (ii) to the extent necessary to provide options regarding the continuity of G Suite (including after the expiration of this Agreement); and (iii) for purposes related to the provision of G Suite in your account, including in connection with updates or security incidents.
(4) PROVISIONS SPECIFIC TO OFFICE 365 USERS
Your use of and ability to access your email and / or the entire Office 365 suite is subject to Microsoft’s terms of service, which are incorporated herein by reference. By using Office 365, you consent and agree that Microsoft may communicate with you directly for the following purposes: (i) conduct customer service and satisfaction surveys; (ii) to the extent necessary to provide options regarding the continuity of Office 365 (including after the expiration of this Agreement); and (iii) for purposes related to the provision of Office 365 in your account, including in connection with updates or security incidents.
(F) DURATION AND TERMINATION
(1) YOUR RIGHT TO CLOSE YOUR ACCOUNT
You can close your account. As long as the account is open, however, everything in this agreement applies, and certain conditions continue even after the account is closed.
(a) This Agreement shall be effective as long as our records indicate that the Account is open, whether or not the Service is used by you or by any other person or party. This agreement and all services on the account will automatically renew and you will be charged additional terms equal to the previous term until the account is closed by you or by Kenotronix in accordance with this agreement. You can close the account or any of the services at any time by submitting a closure request through MyAccount. MyAccount is the only means by which you can submit a request to close the account or service. All fees due up to the closing date are fully NON-REFUNDABLE. The terms set forth herein that govern the Account, the payment of fees for the Service, the resolution of any disputes between us and other terms that survive in nature, continue to apply even after the account is closed.
(b) With the exception of termination by Kenotronix in accordance with this Agreement, the Account Holder is the only person authorized to close the Account or any of the Services associated with it. Account contacts or other third parties are not allowed to close the account or any of the services associated with it.
(c) In some cases, the earliest available closing date presented to you in MyAccount may not be early enough for you. For example, if the earliest available closing date is your next invoice date, but you want to close earlier than your next invoice date, we can help. If you would prefer your service or account to be closed earlier, you simply need to choose the earliest available closing date shown in MyAccount and submit the close request. Following your submission, you will simply need to send us a support request asking us to disregard the chosen closing date in favor of a more desirable closing date. To be considered valid, your request for assistance must also contain your unambiguous acknowledgment that you are aware that all content associated with any closed service or account will be deleted upon closure and that we will not have a backup. content. We may refuse to process any request for accelerated closure that does not explicitly and unambiguously include such recognition. Requests are processed in order of receipt and can take 24 to 48 business hours.
(2) OUR RIGHT TO CLOSE YOUR ACCOUNT
(a) Kenotronix reserves the right, in its sole discretion, to close an account, without notice, for any or all of the following: (i) if you or any of your account contacts, whether intentional or unintentional, violates any section of this agreement, additional rules and guidelines, any of the terms and conditions of the respective service providers, or any Kenotronix law; (ii) if we receive notice that you or your business will be or are subject to insolvency proceedings; (iii) upon receipt of any third party chargeback associated with any payment method presented as payment on the account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our abuse department; (v) whether, in our opinion, your use of the Service is likely to cause harm to Kenotronix, any of our affiliates, partners, service providers or customers; (vi) if the account becomes overdue and is not paid within twenty days of its delinquency; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service you are using; (viii) if an unusual spike in resource usage is detected by our systems, resulting in an account far exceeding the allocated resources; (ix) if you are unable to remedy a suspension of the account or any individual service, to our satisfaction and within the time frame that we specify; or (x) whether, in our opinion, we have received too many complaints about your content. In the event of such account closure, you will not be eligible for a refund of fees and you may be prohibited from reopening the account, opening a new account or accessing any Account. In other words, pay us on time and don’t be stupid or do anything that violates or otherwise violates any section of this agreement, and we shouldn’t have to close the account. You agree that Kenotronix is not responsible for any shutdowns in accordance with this section of this Agreement.
(3) EFFECTS OF CLOSING AND SUSPENSION
(a) When closing the Account: (i) this Agreement and all rights granted under this Agreement will cease immediately (except those which expressly survive or which by their nature would survive); (ii) all access to the service and the account will cease immediately; (iii) you will be charged, and we may automatically attempt to collect from your Payment Method, any amount outstanding; and (iv) all content will be removed from our servers and backup systems and we may not have or maintain a backup of the content. We recommend that you run backups very regularly. Additionally, we also recommend that you ensure that you have recovered all content and made all necessary backups before submitting any request to close the account or any of the services. You agree to hold Kenotronix harmless from all claims, losses or damages resulting from the closure of the account. All sections of this Agreement which impose obligations that endure in their nature will survive termination or continue to remain in full force even after the account is closed. You are not authorized to access the account or any of the services previously associated with the account after a closure.
(b) When closing an individual service: (i) all access to the Service will cease immediately; (ii) you will be billed, and we may automatically attempt to collect from your Payment Method, any unpaid amount due for the service; and (iii) all content will be deleted from our servers and backup systems and we may not have or may not keep a backup of the content. We recommend that you run backups very regularly. In addition, we also recommend that you make sure that you have recovered all content and made all necessary backups before submitting a request to close a service. You agree to hold Kenotronix harmless from all claims, losses or damages resulting from the closure of any service. All sections of this Agreement that impose obligations that endure in their nature will survive termination or continue to remain in full force even after termination of this Agreement. You are not authorized to access a closed service following a service closure.
(c) In the event of account suspension, all services associated with the account will be suspended or rendered inaccessible until and unless all issues are resolved and resolved by you to our satisfaction and within the time specified. During any suspension of the account or any individual service, you will not be allowed to: (i) add, upgrade, downgrade or modify any of the Services; (ii) request emergency restoration; (iii) transfer any Service, including, but not limited to, domain name registrations; (iv) access any of the websites, email accounts or content associated with the service or suspended account. You agree to hold Kenotronix harmless against any claim, loss or damage arising from the suspension of the account or individual service.
(4) REOPENING OF A SERVICE OR AN ACCOUNT
(a) Unfortunately, once closed, most services cannot be reopened; you will need to place a new order and provision a new service. The only service that can be reopened is an unexpired domain name registration, if the account is open and in good standing. To reopen an unexpired domain name registration, simply send us a support request asking us to reopen the domain name registration.
(b) The account holder is the only person authorized to reopen the account. To reopen the account, the account holder must call our billing department (during our billing department’s normal business hours) and authenticate. If the account holder is unable to authenticate, he / she should complete the profile update request form so that we can proceed to reopen the account. Any unpaid or otherwise unpaid balance must be paid before we proceed with a reopening. Reopening an account does not mean that we are willing or able to restore your content.
(G) DOMAIN NAME REGISTRATION SERVICE
(1) GENERAL INFORMATION
(a) You may register any domain name (“Accepted TLDs”) on our website. Kenotronix is able to accept transfers for accepted TLDs only. Any other TLD (“Unsupported TLD”) are not allowed. You can host all accepted TLDs that you own or control on our systems. Kenotronix does not represent or warrant that it has the necessary certifications or permissions to host unsupported TLDs.
(b) You are responsible for carefully reviewing your order for any domain name before submitting the order on our website. Once your order for the domain name has been submitted, the order is NON-REFUNDABLE. Renewal fees are also NON-REFUNDABLE. New customers can benefit from a reduced rate for their first domain name registration when activating a new service. If the newly activated Service is later closed (for some reason) and you want to keep only the domain name registration, you will need to pay the full recurring price for that individual domain name registration.
(c) We offer the service of domain name registration renewals and new domain name registrations through a third party provider, OpenSRS (“Registrar”). When you renew a domain name through our systems, you agree to be bound by both this agreement and the OpenSRS registration agreement. The registered registrar for any domain name you have registered will be listed in the registration registry as OpenSRS. When you register or transfer a domain name through or in our systems, you agree to be bound by both this agreement. Under no circumstances may you or any other person or party remove or obscure Kenotronix or OpenSRS Contact Information from the registration of the domain name.
(d) The Guidelines for Uniform Domain Name Dispute Resolution (“UDRP”) rules govern all domain name disputes. When you register or transfer a domain name in our systems, you agree to be bound by the terms of the Guidelines for Uniform Domain Name Dispute Resolution (UDRP) policy. It is our policy to adhere to any rule issued by ICANN. If we receive notice that a UDRP, World Intellectual Property Organization (WIPO), or any Canadian or federal complaint has been filed against you in reference to your use of the domain name, you may not be not authorized to make changes to the domain registration record until we are instructed to allow you to do so or otherwise receive confirmation that the dispute has been resolved. You acknowledge that if your use of the domain name is challenged by a third party, you comply, without prejudice, to any rule or order issued by ICANN or any other administrative body, such as WIPO.
(e) If we receive a request from a person or party (“the requesting party”) claiming to be the holder of a domain name associated with the account, and if such person seeks to delete or unlink the registration of the domain name or the account’s DNS zone file, after receipt of what we consider to be sufficient proof that the requesting party is the holder of the domain name, we will remove or dissociate the registration of the domain name with immediate effect and without notice. / or DNS zone file for the account. We will notify you promptly after such action.
(2) DOMAIN TRANSFERS
(a) When you initiate the transfer of a domain name to Kenotronix, you represent and warrant that you are listed as the registrant or administrative contact for the domain name in the WhoIs database. For instructions on transferring a domain name to Kenotronix, please see our knowledge base. You will need to pay Kenotronix the first year registration fee when initiating the domain name transfer to Kenotronix. Domain name transfers to Kenotronix typically take five business days, unless the request is denied by your current registrar. It is your responsibility to timely resolve any issues that may arise regarding the transfer of any domain name to Kenotronix to complete the transfer. Once a domain name transfer to Kenotronix is completed and Kenotronix becomes the new official registration service provider for the domain name, you will not be able to transfer the domain name to another registration provider for at least sixty days, except in accordance with a decision or rule issued to Kenotronix by ICANN, the governing body for domain names. By transferring or attempting to transfer a domain name in Kenotronix systems, you reaffirm your unconditional acceptance of all the terms of this agreement.
(b) For instructions on transferring a domain name from Kenotronix, please see our knowledge base. The time to complete domain name transfers from Kenotronix to another registrar will vary depending on various factors. It is your responsibility to timely resolve any issues that may arise regarding the transfer of any Kenotronix domain name to complete the transfer. We reserve the right to categorically refuse any request to transfer a Kenotronix domain name received while the account is overdue or not in good standing.
(3) MANAGEMENT OF THE DOMAIN REGISTRATION
(a) When you register a domain name through our website or transfer a domain name into our systems, by default domain privacy will be turned off and the account holder registration data may be used to inform the holder , administration, technical, billing and contact fields (the “Registration Register”) for the domain name. The default information we use for the registration register does not necessarily reflect the information desired and it is your sole responsibility to update the registration register whenever necessary. Your deliberate provision of inaccurate or unreliable information, your inability to maintain the domain registration registry, or any failure to respond to inquiries we make to the registrant’s email address, administrative contact, billing or technical constitutes a material violation of this agreement and can serve as a basis for the cancellation of the domain name. If you need to verify or change the domain registration record, log into MyAccount and follow the steps. Kenotronix is not responsible for lapsed registrations due to outdated registration data, payment failure or any other issue. Any recall notices that we may send to you for domain name renewals are sent as a courtesy only. It is your responsibility to ensure that your domain name registration is up to date. Kenotronix is not responsible for your inability to renew a domain name or your inability to remember to renew a domain name.
(b) If you wish to privatize or prevent your personal information from appearing in the registration register, you can do so at the time of placing your order or transferring the domain name into our systems; otherwise, you will need to log into MyAccount to enable domain privacy later. When domain privacy is enabled, Kenotronix will use the contact information of a third party to complete the registration. As with all DNS changes, changes to domain privacy should propagate. There may be a period during which, even after enabling domain privacy, the previous registration is still visible to the public. You must wait for DNS to complete propagating before your changes take effect. Remember that we have an obligation to provide your information if we are legally required to do so, whether or not you have domain privacy enabled.
(c) You are solely responsible for ensuring that all domain name registration fees are paid when due. If you do not pay the domain name registration fee when due, your domain name registration will expire and be suspended by Kenotronix and you can and will lose ownership of the domain name if you do not take such registration. measures to renew it. Once a domain name registration has expired, the domain name (including, but not limited to, website, email, and other services associated with the domain name) will be completely inaccessible until on renewal or re-registration. Typically, when a domain name registration expires, it enters a post-expiration grace period commonly referred to as a “redemption grace period”. The redemption grace period lasts for up to thirty days from the expiration date, and during that time the status of the domain name registration in the WhoIs database will likely be displayed as “Redemption Period “or” Awaiting deletion – Recoverable “. During the redemption grace period only, it is possible for the last known holder (based on registrar or registrar service provider records) to re-register the domain name. If you want to renew an expired domain name registration that is in the Buyback Grace Period and Kenotronix is the official registration service provider for that domain name, you must contact us during the Buyback Grace Period, pay a NON-REFUNDABLE fee and complete any other necessary requirements indicated by Kenotronix at the time of your request to complete the renewal. Please note that, in general, it may take 7-10 business days for the domain registration to update after it has been used. Once the redemption grace period has elapsed, the domain name will enter a 5-day “deletion pending” phase, and during that time no one (including Kenotronix) will be able to renew, re-register, redeem or acquire the property. of the domain name. At this point, there is nothing we can do to help you recover your domain name. Following the “Pending deletion” phase, the domain name will be deleted from the registry and returned to the public pool of available domain names.
(d) Upon the expiration of any domain name registration for which Kenotronix is the official registration service provider, Kenotronix may direct the domain name to an IP address designated by Kenotronix, which may contain a parked address, at come or other page (“Temporary Page”) which may include advertisements, promotions, links and other content designated by a third party or Kenotronix, including, but not limited to, content promoting the Service. 100% of all revenue generated, or other economic or non-economic benefits received, from such temporary page belong solely to Kenotronix and a third party designated by Kenotronix, if applicable. Kenotronix reserves the right, in its sole and absolute discretion, to modify or deactivate the content and / or the appearance of any temporary page at any time, for any reason or without reason, and without notice.
(e) Any domain name for which Kenotronix is the official registration service provider, and which does not resolve to an active website or does not contain a “registration”, may resolve to a temporary page which may include advertisements, promotions, links and other content designated by a third party or Kenotronix, including, but not limited to, content promoting the Service. 100% of all revenue generated, or other economic or non-economic benefits received, from such temporary page belong solely to Kenotronix and a third party designated by Kenotronix, if applicable. Kenotronix reserves the right, in its sole and absolute discretion, to modify or deactivate the content and / or the appearance of any temporary page at any time, for any reason or without reason, and without notice.
(H) PREMIUM SERVICES
(1) SITE MIGRATION
(a) We offer, for a fee, a website migration service (“Site Migration”) which is currently available for most websites using PHP and HTML that are migrated to, from or between the service. Kenotronix hosting. Each Site Migration command covers the migration of a single website with its unique database (a “web application”) and is usually, but not always, managed by a dedicated specialist. How long it takes us to complete the migration depends largely on whether you met your pre-migration obligations, how much content moved, and where. Notwithstanding the foregoing, we cannot give any guarantees regarding the availability, ability or time required to complete any Site Migration order.
(b) Site Migration service only includes web application migration. Exclusions apply. Once Kenotronix initiates a migration, all fees paid are NON-REFUNDABLE. We reserve the right, in our sole and absolute discretion, to terminate any Site Migration order at any time, for any reason or no reason, without notice. Notwithstanding anything to the contrary, in the event that we close a Site Migration order, at our sole discretion, we may reimburse all or part of the Site Migration fee. Once a Site Migration command has been closed, for whatever reason, it cannot be reopened; a new Site Migration order must be placed if the desired service is requested again. Customer must, within fourteen days of any migration, notify Kenotronix if there is a problem with the migration. Kenotronix is not responsible for and will not provide support for any issues that arise beyond fourteen days after a migration.
(c) Once we receive your Site Migration order, we will contact you via a support request (usually within two business days) to collect the specific information we will need from you to migrate your website ( “Our notice to you”). Some of the information that we will need to migrate your website includes, but is not limited to, login information, information about your current website settings, etc. If we do not receive a response from you within seven days of our notification to you, we will not be able to process your order and your Site Migration order will be closed.
(d) Site Migration does NOT include support or migration of the items in the following list. Please note that this list is not exhaustive and that we cannot do other things that you need help with. Without limitation, you are solely responsible for migrating and managing all of the following:
- Email accounts (including, but not limited to, email data and content);
- SSL certificates;
- Design and formatting changes;
- Updates to the web application;
- DNS changes or modifications;
- Domain name registration updates (including, but not limited to, unlocking the domain at the registrar or disabling domain privacy);
- Security audits;
- Any content created or added to the web application after the Kenotronix migration begins;
- Any content unrelated to the web application.
(e) For Site Migration to Developer Helpdesk migrations, before starting the migration process, you agree to perform all of the following tasks, if necessary for your specific configuration:
- LAMP configuration; and
- Create a custom MySQL database for the CMS database, other than the root user; and
- Make sure the appropriate PHP modules required for the website and plugin functionality are installed; and
- Troubleshoot any server-related issues that arise before, during, or after migration, such as user permissions.
(f) For migrations from Site Migration to a Managed Help Desk, before starting the migration, you agree to perform all of the following operations, if necessary for your specific configuration:
- Install any root level customizations that may be required for website functionality (eg APC, Memcache, etc.); and
- Make sure the appropriate PHP modules required for the website and plugin functionality are installed; and
- Confirm that the website is compatible with PHP 7.1 or higher; and
- Troubleshoot any server-related issues that arise before, during, or after installation, such as user permissions.
(g) For migrations from Site Migration to Shared Web Hosting, before starting the migration, you agree to perform all of the following operations, if necessary for your specific configuration:
- Make sure the appropriate PHP modules required for the website and plugin functionality are installed; and
- Confirm that the website is compatible with PHP 7.1 or higher.
(h) For Site Migration migrations between Kenotronix Shared Web Hosting, prior to starting the migration, you agree to perform all of the following operations, if necessary for your specific configuration:
- Make a backup of all email on the shared web hosting for the moved website; and
- Recreate all website email addresses on the new server, including setting up new passwords and updating your email users; and
- Reduce the TTL on the moved domain (if DNS is hosted externally) and let us know the ideal time when we can move the DNS zone file; and
- Understand that the email will be deleted from the shared web hosting the website is moving from.
(2) ADVANCED ON-DEMAND ASSISTANCE
(a) We offer, for a fee, a tuning service which may include performance analysis, Apache performance tuning, MySQL optimization and / or installation of PHP modules (“Advanced Assistance On Demand” ). Restrictions apply. The disclaimer / limitation of liability applies.
(b) The Advanced Assistance on Demand service includes only the services specified in the Advanced Assistance on Demand order. Exclusions apply. Once Kenotronix initiates a tune, all fees paid are NON-REFUNDABLE. We reserve the right, in our sole and absolute discretion, to terminate any order for Advanced Support On Demand, at any time, for any reason or no reason, without notice. Notwithstanding anything to the contrary, in the event that we terminate an order for Advanced On-Demand Support, in our sole and absolute discretion, we may reimburse all or part of the charges for Advanced On-Demand Support. Once an Advanced On-Demand Support order has been closed, for whatever reason, it cannot be reopened; A new order for Advanced On-Demand Assistance will need to be placed if the desired service is requested again. The customer must, within fourteen days of any tuning service, notify Kenotronix if there are any problems with the tuning. Kenotronix is not responsible for and will not provide support for any problem (s) that occur beyond fourteen days after any adjustment.
(3) SINGLE REMOVAL OF MALICIOUS SOFTWARE
(b) You agree to allow Kenotronix internal security provider to access your servers for both malware remediation and post-service verification. One-time malware removal service includes only those services specified on the order. Once Kenotronix begins providing the one-time malware removal service, all fees paid are NON-REFUNDABLE. We reserve the right, at our sole discretion, to close any order, at any time, for any reason or no reason, without notice.
(5) ADVANCED ASSISTANCE
(a) We offer, for a fee, a dedicated support add-on which may include, but is not limited to, active monitoring of the Service and access to a dedicated hotline for support (“Advanced Support” ). As part of active service monitoring, the account holder will automatically be activated to receive alerts on incidents affecting your service. The account holder will not be able to refuse to receive alerts. Only account owners or account administrators can make changes to notification settings. Kenotronix reserves the right to modify incidents that trigger alerts. The account holder and other registered users can receive up to three (3) alerts per incident. Restrictions apply. The disclaimer / limitation of liability applies.
(b) The advanced support service includes only the services specified in the advanced support order. Exclusions and restrictions apply, including, but not limited to a maximum of 3 migrations per month. Customer must, within fourteen days of any migration, notify Kenotronix if there is a problem with the migration. Kenotronix is not responsible for and will not provide support for any issues that arise beyond fourteen days after a migration. Once Kenotronix begins providing the Advanced Support Service, all fees paid are NON-REFUNDABLE. We reserve the right, at our sole discretion, to terminate any Advanced Support order at any time, for any reason or no reason, without notice. Notwithstanding anything to the contrary, in the event that we terminate an advanced support order, in our sole and absolute discretion, we may reimburse all or part of the advanced support costs. Once an advanced support order has been closed, for whatever reason, it cannot be reopened; a new order for advanced assistance will have to be placed if the desired service is requested again.
(6) ACCOUNT MANAGEMENT
(a) With your purchase of Account Management, you will have a dedicated Technical Account Manager (“GCTD”) to help you develop, manage and support your business. You and your GCTD mutually agree on a call schedule for 1-1 Consulting Services, which may include event management, troubleshooting support, working with Kenotronix product teams as necessary, and detailing the scope of services. Scheduled calls may also include custom assignments or tasks that you need to complete and that are designed to track progress on the Services. We strive to provide Services that meet your expectations. However, we do not guarantee that your expectations will be met if requests are unreasonable or cannot be accommodated in connection with the Services. Our performance of the services depends on your participation. We are not responsible for any additional costs, time or expense incurred due to delays caused by your lack of response, feedback or untimely approval, including your inability to participate in scheduled 1-1 calls. Restrictions apply. The disclaimer / limitation of liability applies. For more information on account management, please click here.
(b) The account management service includes only the services specified on the account management order. Exclusions apply. Once Kenotronix begins providing the Account Management Service, all fees paid are NON-REFUNDABLE. We reserve the right, at our sole discretion, to terminate any account management order, terminate or change the nature of the account management service at any time, for any reason or no reason, without notice. Once an account management order has been closed, for whatever reason, it cannot be reopened; a new account management order must be placed if the desired service is requested again.
(7) SSL CERTIFICATES
SSL Certificates are provided by Kenotronix and are available for purchase as a stand-alone product or may be included for free with your purchase of other products. You acknowledge and agree that your use of your purchased SSL Certificate is subject to the Kenotronix Certificate Services Agreement (if any) is incorporated herein by reference. In addition, you consent to Kenotronix receiving and using your information in order to provide the Service and to fulfill its responsibilities under this Agreement. As of September 1, 2020, browsers will no longer trust SSLs with validity periods greater than 398 days. As such, if you purchase an SSL certificate longer than one (1), on this anniversary, you will need to revalidate and reinstall your certificate.
(8) ACCOMMODATION SERVICES
(a) DESCRIPTION OF SERVICES
1. Shared web hosting . Shared hosting plans place your site on one or more servers. Resources are shared among many clients on the same servers; however, your site is assigned a unique address (DNS).
2. Managed WordPress hosting. Managed WordPress hosting plans give you a streamlined and optimized experience for building and managing WordPress sites. We handle the basic administrative tasks of hosting, including WordPress installation, automated daily backups, major WordPress updates, and server-level caching.
(b) TERMINATION OF ACCOUNT; LIMITS
1. Migration of servers. You acknowledge and agree that in the normal course of business it may be necessary for us to migrate our servers. Therefore, even if you have a dedicated IP address, you may be assigned a different IP number. We do not guarantee that you will be able to consistently maintain your given IP numbers.
Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must cease using the Services and renounce the use of the IP addresses and server names assigned to you as part of the Services, including the Domain Name System (“DNS”) score for your domain name (s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP content from your website or server to another provider. If you are unable to move content from your website or server off our servers prior to cancellation, all such content will be removed and we will not be able to provide a copy of that content.
3. Notice Regarding Licensed Images During Migration or Export (if applicable). Subject to all other applicable license terms and conditions, images available and used under license are intended only for customers hosted by Kenotronix and are subject to the terms and conditions of third party intellectual property rights and license restrictions. To the extent that you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is your sole responsibility to ensure your continued right to use the images incorporated therein, and you acknowledge and agree that Kenotronix does not warrant and will have no liability for any claims resulting from your continued use after migration and / or termination (whichever comes first).
4. Storage capacity. The total amount of usable storage capacity for your particular hosting service may differ from the capacity shown because there is space required for the operating system (s), system file (s) and other supporting file (s).
(c) YOUR OBLIGATIONS; REPRESENTATION AND GUARANTEES
1. Justification. You acknowledge and agree that we will have the right to request a justification in relation to your use of the hosting services, in particular your purchase of IP addresses, and you will be obligated to provide all information that we reasonably seek in accordance with that justification. . In connection with any such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including, but not limited to, the United States Internet Number Registry, in accordance with the policies promulgated by all such records and this information can be publicly displayed on the Whois database.
2. Abusive activities and other threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service or other abusive activities that threaten stability. of our network or damage the systems of, or cause an interruption in the Internet services of Kenotronix, our customers or third parties. Hacking of the server or any other perpetration of security breaches is prohibited and we reserve the right to remove sites that contain information about the hack or links to such information. Using your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts running on our servers that cause the server to load beyond a reasonable level as determined by us. You agree that we reserve the right to temporarily or permanently remove your website from our servers if you violate this service agreement and / or if activities threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be deleted if any website is in violation of this service agreement. You further acknowledge and agree that Kenotronix reserves the right to scan your hosted account for malicious content (eg, malware), and that in the event that such content is discovered, it may be deleted. at Kenotronix’s discretion for security purposes. .
3. Storage and security. You will be solely responsible for taking steps to: (1) prevent any loss or damage to your website or the content on your server; (2) maintain independent archival and backup copies of your website or the content on your server; and (3) ensure the security, confidentiality and integrity of all content on your website or server transmitted or stored on our servers. Our servers are not an archive and we will have no liability to you or any other person for the loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or viewed as such. You must not in any way use the Service, in our sole discretion, that would interfere with the operation or operation of our services or equipment. More specifically by way of example and not by way of limitation, you must not use the Hosting Services as: (1) a repository or instrument to place or store archived files; and / or (2) place or store material that can be downloaded through other websites. You acknowledge and agree that we have the right to conduct a review if your server or account is compromised.
4. Website / server content.</ strong You will be solely responsible for providing, updating, downloading and maintaining your website or server and for all files, pages, data, works, information and / or materials on, in, displayed , linked or transmitted to, from or through your website. or server, including, but not limited to, trademarks or service marks, images, photographs, illustrations, graphics, sound clips, video clips, emails or other messages, tags meta, domain names, software and text. You acknowledge and agree that in the course of providing technical support, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. The content of your website or server should also include any registered domain names provided by you or registered on your behalf as part of the hosting services.
If access to a third party hosting website is required in the provision of a service, you represent and warrant that you are authorized to provide us with access to the third party hosting account for the purposes of this service agreement. You agree to retain sole contractual responsibility and any other legal or fiduciary responsibilities related to your third party hosting account. If you request that we install third-party software (defined below) not provided as part of the hosting services, you represent and warrant that (1) you have the right to use and install the third-party software, ( 2) you have paid the applicable license fees for the Third Party Software, and (3) the Third Party Software does not and must not infringe the intellectual property rights of any other person or entity.
(d) STORAGE AND OTHER LIMITS OF THE PLAN
1. All shared hosting and managed WordPress hosting plans are subject to a WordPress install limit as specified by their respective plans, and 250,000 inodes per account for Linux® hosting accounts. Customers may purchase additional WordPress resources at the then current posted price. Plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may receive a network violation warning and will need to reduce the number of inodes, files and folders, tables or gigabytes (as applicable), or may be suspended temporarily or permanently, in The sole discretion of Kenotronix. Managed WordPress hosting plans are subject to the following limitations: no more than a) 25% of a processor core; b) 512 MB of RAM; c) 100 website connections; d) 100 active processes; e) 1MB / s disk I / O. If these limits are exceeded, your site may slow down or not serve until more resources are added. Additional resources can be added at an additional cost.
2. Your website may not include any of the following content: (1) Image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic) ; (2) banner advertising services for display on other websites or devices (commercial banner rotation); (3) file dump / mirror scripts that allow an anonymous user to download one file for another to download (similar to Rapidshare); (4) commercial audio broadcasting (more than one or two streams); (5) push-button email scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that degrades the performance of our server or network environment.
3. Shared Hosting and Managed WordPress Hosting plans are designed to host most personal websites, small businesses and organizations, and so we offer unlimited bandwidth and variable disk space depending on your plan. . This means that we do not set a limit on the amount of bandwidth, but for managed WordPress hosting we may limit the disk space that you can use in running your website as long as it is compliant. to this Agreement. In the event that the use of bandwidth or disk space of your website presents a risk to the stability, performance or availability of our servers, data storage, network or other infrastructure, you may be required to to move to a VPS or Dedicated Server, or we may take steps to restrict the resources your website uses. We offer unlimited pageviews per domain, but if your pageviews are consistently approaching 1 million per month, we may review your account and ask you to purchase additional resources in the interest of value for money. by Kenotronix.
(e) AVAILABILITY TIME GUARANTEE
We provide a 99.98% service uptime guarantee (“Uptime Guarantee”) of the available time per month. If we are unable to maintain this guarantee of service availability during a particular month (as determined solely by us), you can contact us and request a credit of your monthly hosting charges for that month. Credit can only be used for the purchase of other products and services from us and does not include applicable taxes. The Service Availability Guarantee does not apply to service interruptions caused by: (1) periodic maintenance or repairs that we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding, or the installation of third-party applications; (3) failures which do not affect the appearance of your website but simply affect access to your website such as FTP and email; (4) causes beyond our control or which are not reasonably foreseeable; and (5) failures related to the reliability of certain programming environments.
(f) THIRD PARTY SOFTWARE
“Third Party Software” means any software or application developed and owned by a third party vendor with whom we may contract from time to time.
Operating software. Each time you commission a server, we will equip the server with an appropriate operating system.
Kenotronix reserves the right to modify, change, or discontinue any third-party software at any time, and you agree to cooperate in performing the necessary steps to install updates to the third-party software. The third-party software is not sold or distributed to you, and you may use the third-party software only as part of the hosting services. You cannot use the third party software outside of hosting services. We may provide your personal information to third party vendors as needed to provide the third party software. You acknowledge and agree that your use of the Third Party Software is subject to our agreement (s) with third party vendors. In addition, if the Third Party Software is accompanied by or requires the consent of a service or license agreement from the third party vendor, your use of the Third Party Software is subject to that service or license agreement. You may not download, install or use any third-party software that is accompanied by or requires the consent of a service or a license agreement from a third-party vendor unless you first agree to the terms and conditions of such service. or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Third Party Software. You may not reverse engineer, decompile, or disassemble the Third Party Software, except and only to the extent such activity is expressly permitted by applicable law. You acknowledge and agree that third party vendors (and their affiliates and suppliers) make no representations or warranties regarding any third party software offered in connection with the hosting services, and expressly disclaim any liability or damage (direct, indirect or consequential ) resulting from the use of third-party software. You acknowledge and agree that any third party software will be supported by us and not by the third party vendors (or their affiliates or vendors).
(I) PROGRAM OFFERS
(1) BETA PROGRAM
From time to time, we may offer programs or make available services or products which are still in the early stages of development or which are not yet fully developed. By participating in any of our beta programs, you understand, acknowledge and agree that Kenotronix makes no warranty whatsoever as to the usability, feasibility or functionality of the services or products made available through the beta program. Your participation in the beta programs is entirely at your own risk. Restrictions and limitations apply. Participation in the Beta Program is governed by both this Agreement and the Beta Program Participation Agreement. In the event of a conflict between this Agreement and the Beta Program Participation Agreement, the Beta Program Participation Agreement shall prevail.
(2) REFERENCE PROGRAM
The Kenotronix Referral Program offers you the opportunity to earn free hosting credit for referring customers to Kenotronix services. See our referral program rules for more details.
(3) AFFILIATE PROGRAM
The Kenotronix Affiliate Program offers you the opportunity to earn a commission on new customers you send to us. Restrictions and limitations apply. Participation in the Affiliate Program is governed both by this Agreement and by the Agreement to the Terms and Conditions of Affiliation. In the event of a conflict between this Agreement and the General Conditions of Membership, the General Conditions of Membership shall prevail.
(1) CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE
(a) We are not responsible for any content that you, your account contacts or users post to or through the service; You, and not Kenotronix, agree to assume all responsibility and risk associated with any Content that you and your party submit, transmit, email, upload, link, display, distribute, facilitate access to or make available by bias or for inclusion on the Service, including any reliance on the accuracy, completeness, truthfulness, relevance, legality or usefulness of any such content. You warrant and represent that you own all legal rights to, or have obtained all necessary permissions to use any content that you make available, use in connection with or provide to Kenotronix in connection with your use of the service, and no Content that you make available, use in connection with or provide to Kenotronix in connection with your use of the Service infringes any rights of any person, company, entity or party. You are solely responsible for protecting your assets as well as your rights in any intellectual property you provide to Kenotronix, and Kenotronix will have no responsibility whatsoever in this regard.
(b) You understand and agree that Kenotronix acts only as a common carrier in its ability to provide the Service below, is not a publisher of any material or information, and has no right to modify or modify censor material on Servers in use. by Customer (except under local, state or federal law, or any section of this Agreement). Kenotronix is not responsible for or pre-filters the content of the customer’s website. All material submitted for publication through the Service will be considered accessible to the public. Kenotronix does not approve or pre-screen material submitted to Kenotronix for publication through the Service. Publication by Kenotronix of material submitted by Customer does not create any express or implied endorsement by Kenotronix of such material, nor does it indicate that such material complies with the terms of this Agreement.
(c) A Mail by Kenotronix (“email”) account may be deactivated if it is inactive for 90 days. To keep your email account active, you need to log into your email at least once every 90 days. Once an email account has been deactivated, incoming emails are bounced back to the sender and user access to the mailbox will be disabled unless re-enabled through MyAccount within 30 days. 30 days after disabling emails, all saved data including emails, photos and attachments will be permanently deleted. We will not be able to retrieve any content that may have been stored in the mailbox at that time. For more information regarding our backup policy, please visit section (J) (1) (d) of the Terms of Service.
(d) We do not provide backup services.
WE REPEAT: WE DO NOT PROVIDE BACKUP SERVICES.
We are not responsible for the content residing on or about the service. Under no circumstances can Kenotronix be held responsible for any loss of content. It is your sole responsibility to maintain proper backup of your content. Notwithstanding the foregoing, on certain occasions, and in certain circumstances, without any obligation and only as a courtesy, when a customer submits an emergency restore request, we may be able to restore all or part of your data that has been deleted since a certain date and time when we saved data for our own purposes. Kenotronix does not guarantee that the data you need will be available. A disaster recovery is intended for data recovery from specific files and / or databases, and will NOT restore your server or website to a previous version. We may reject any emergency restoration request at any time for any reason or no reason. We may reject any emergency restore requests received during any period that the account is overdue, suspended, closed or under investigation for any violation of any section of this Agreement. Backups are as is and are not intended for litigation purposes.
(e) Errors, accidents, omissions, interruptions, delays, errors or faults in transmission or service which are caused or contributed, directly or indirectly, by an act or omission of the customer or by the use of the facilities provided by the customer. customer or the equipment, or through the use of facilities or equipment provided by any other person using Customer’s facilities which are connected to Kenotronix facilities, shall not result in the imposition of liability on Kenotronix and Customer shall pay Kenotronix all reasonable costs and expenses. , damages, charges or penalties incurred by Kenotronix as a result, including local exchange company charges, labor and materials.
(f) If we receive three or more complaints (of any variety) regarding any content hosted on or otherwise displayed through your service, we reserve the right, in our sole discretion, to close or suspend the account and require you to cease permanently host a specific website or content on our systems. If we choose not to close the account, you will be given a remedial instruction in our communications to you. Failure to comply with this guideline may result in the account being closed without notice or further notice.
(2) DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
(a) You may not use the Service in a way that infringes on copyright. Such infringement may include, but is not limited to, the sale of counterfeit products, unauthorized copying of photographs, books, music, videos, or any other copyrighted work. Our policy is to promptly investigate compliant notices of alleged copyright infringement provided to us in writing regarding content hosted on or otherwise displayed through our systems. Our response to such notices may include removing or disabling access to content or the website claimed to be the subject of infringing activity, without notice, and without regard to the substance or merit of the complaint. (or in its absence). Kenotronix reserves the right, in its sole discretion, to close any account for which Kenotronix receives three or more complaints of copyright infringement, without notice and without reimbursement of costs.
(b) Any person or party who wishes to make a copyright infringement claim regarding content hosted on or otherwise displayed through our systems may file a notice by email, fax or post. Anyone or party who needs help filing a copyright infringement claim should consult or hire a lawyer or other legal professional for help. NOTE: Anyone who knowingly makes a material misrepresentation that the material is infringing, or that it has been removed or blocked by mistake or misidentification, is liable for all damages resulting therefrom (including but not limited to limit, costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.
To send an email, send to email@example.com
To fax, send to +1 (418) 626-3876
To send by post, send to:
Attention: DMCA Compliance Officer
2609 rue des Pruches
Quebec City, QC G1G 2A9
(c) The law requires that very specific language be present in any notice of alleged copyright infringement. As stated in the DMCA, to be effective, a notice of copyright infringement must include all of the following:
- The physical or electronic signature of the complaining party;
- Identification of the work protected by copyright allegedly infringed or, if several works protected by copyright on the same online site are covered by a single notification, a representative list of these works on this site;
- Identification of the content that is believed to infringe or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the content (i.e. – say the specific URLs where the alleged infringing activity would take place);
- Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party can be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
(d) A dispute notice is a legal request for Kenotronix to reactivate or otherwise restore access to material claimed to be the subject of infringing activity. The law requires that very specific language be present in any counter-opinion. As stated in the DMCA, to be effective, a Counter Notice must include all of the following:
- The physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as a lawyer);
Identification of the material that was removed (or to which access was disabled) and the location where the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that the alleged infringer (or its authorized agent) has a good faith belief that the material has been removed or disabled as a result of error or misidentification of the material to be removed or disabled ;
- The name, address and telephone number of the alleged infringer (or his authorized agent) and a statement that the alleged infringer (or his authorized agent) consents to the jurisdiction of the provincial court of the judicial district in which the address is located, or if the address of the alleged infringer (or its authorized agent) is outside of Canada, for any judicial district in which the service provider can be found, and which the alleged infringer (or its authorized agent) will accept service of the process on the person who provided the notice under subsection (c) (1) (C) or an agent of that person.
(e) Upon receipt of a counter-infringement notification that substantially complies with the protest notification requirements set out in the DMCA, the DMCA requires us to provide the complaining party with a complete copy of the counter-notification. provided to us by the alleged infringer or his / her authorized agent. The DMCA also requires us to allow the alleged infringer to restore access to material claimed to be the subject of infringing activity, within at least ten working days and fourteen working days after receipt of a notice of compliant challenge, unless we first receive notice that the complaining party has brought an action to obtain a court order to prevent the alleged infringer from engaging in infringing activity. Please be advised, whether or not the complaining party files an action for a court order to prevent the alleged infringer from engaging in infringing activity, the complaining party may still retain the right to seek redress in court. It is our policy to follow all court orders. Any court order issued in connection with a complaint filed against the alleged infringer served on us will replace, with immediate effect, any allowance we may have made allowing the alleged infringer to reactivate or otherwise restore access to the allegedly material. is the subject of counterfeiting activity. Filing a counter notice of copyright infringement may result in litigation between and among the parties.
(3) CLAIMS FOR TRADEMARK INFRINGEMENT
(a) You may not use the Service in a manner that infringes the rights of any person or party. Such violation may include, but is not limited to, the sale of counterfeit products, the unauthorized copying of photographs, logos, designs or other legally protected works. Our policy is to promptly investigate compliant notices of alleged trademark infringement provided to us in writing regarding content hosted on or otherwise displayed through our systems. Our response to such notifications may include removing or disabling access to material claimed to be the subject of infringing activity, without notice, and without regard to the substance of the complaint (or lack thereof). At present, there is no dispute notification process in place for trademark law. If you want to object to the complaint filed against you, you will need to go to the trademark owner in court. In any event, you keep Kenotronix completely harmless in all matters relating to our action with respect to any trademark infringement complaint. Kenotronix reserves the right, in its sole discretion, to close any account for which Kenotronix receives three or more trademark infringement complaints, without notice and without reimbursement of costs.
(b) Any person or party who wishes to make a trademark infringement complaint regarding Content hosted on or otherwise displayed through our systems may file a notice by email, fax or post. Anyone or party who needs assistance in filing a trademark infringement complaint should consult or hire a lawyer or other legal professional for assistance. NOTE: Anyone who knowingly makes a material misrepresentation that the material is infringing, or that it has been removed or blocked by mistake or misidentification, is liable for any damage resulting therefrom (including, but not limited to , costs and attorneys’ fees) incurred by the alleged infringer, the trademark owner or its licensee, or the service provider.
To send an email, send to firstname.lastname@example.org
To fax, send to +1 (418) 626-3876
To send by post, send to:
Attention: DMCA Compliance Officer
2609 rue des Pruches
Quebec City, QC G1G 2A9
(c) In order for us to investigate any claim of alleged trademark infringement, the trademark infringement notice must include, in essence, all of the following:
- The mark or service mark (“the mark”) purported to be the subject of infringing activity;
- The trademark registration number;
- The country of origin of the mark;
- Contact details of the trademark owner, including name, address and telephone number;
- The products or services associated with the brand;
- A full description of how the complaining party believes that the mark has been or is being infringed;
- The precise location of the alleged infringing activity, in particular URLs;
- A statement, under penalty of perjury, that the complaining party has a good faith belief that use of the mark in the manner complained of is not authorized by the owner of the mark, and use of the mark by the manner complained of infringes the rights of the owner of the mark.
(4) EFFECTS OF OUR ACTIONS
(a) In certain cases, when we remove or disable access to material claimed to be the subject of infringing activity or which in our opinion violates any section of this Agreement, such action may cause certain elements or areas of your website or The service is malfunctioning or becomes unavailable. Under no circumstances will Kenotronix be held responsible under any circumstances and you are solely responsible for repairing or resolving any such problem.
(b) If we are not able to immediately access Content that is claimed to be the subject of infringing activity or which, in our opinion, violates any section of this Agreement, or if our attempt to remove or disable Access to said Content or website fails, we may immediately suspend the website or service on which the content is displayed. In such event, you will not be permitted to re-enable or restore access to the website or service until you have complied with all of the terms set out in our notification regarding the issue.
(c) If any content or website is deactivated or removed in accordance with Kenotronix’s obligations as a service provider under the DMCA, or in accordance with any section of this Agreement, the reactivation or restoration of access to it content or website is prohibited until and unless otherwise notified by Kenotronix, via a support request. In any event that the content or website is reactivated or otherwise restored (whether to the original account or another account), without the express permission of Kenotronix as stated in this Agreement, the account will be closed with immediate effect and without notice or other notice.
(d) You must immediately remove or disable access to any duplicated or derivative work of any Content or website that Kenotronix may disable in accordance with any section of this Agreement, whether or not such Content has the same title, name or label as the Offending Content, is in any other format, shape, size or is in or on any other directory or location on our systems. Failure to comply with this instruction could expose you to civil liability under Quebec law and could also result in the suspension or closure of the account.
(5) INTELLECTUAL PROPERTY
(a) The Kenotronix website, including all text, HTML, scripts and images, is copyright 1998-2020. All rights reserved. Except for the use of promotional material designated for the purpose of encouraging third parties to use the Service made available for downloading, replication, modification or copying of any part of this website without the prior written consent of Kenotronix is prohibited. This notice applies to site visitors, customers, non-customers, affiliates and resellers of Kenotronix. All other marks are the property of their respective owners. The Kenotronix trademark may only be used with the express prior written permission of Kenotronix and, in any event, may never be used for (i) promote or otherwise market competing products or services; or (ii) disparage Kenotronix, its products or services, or in any way which, in our opinion, could diminish or otherwise damage the goodwill we have established in our brands. Except as expressly provided, nothing in the Service should be construed as conferring any license under any of Kenotronix’s intellectual property rights, whether by estoppel, implication, waiver or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate Kenotronix and the Service is protected by copyright, trademark, patent or other proprietary rights of Kenotronix and of its affiliates, licensors and service providers.
(b) Unless expressly provided otherwise, you agree not to modify, alter, remove or alter any trademarks, service marks or other intellectual property made available by Kenotronix in connection with the Service. You agree not to use any trademarks or service marks or any other content accessible through Kenotronix for any purpose other than that for which such content is made available to customers by Kenotronix. You cannot use any of our brands as domain names.
(c) We are constantly looking for new ways to improve the Service, our programs (for example, the affiliate program) and to develop new products, services and features. All information you send to Kenotronix, including, but not limited to ideas, remarks, suggestions or prototypes (“Information”), will immediately become the exclusive property of kenotronix and we are entitled to use the Information. without restriction or compensation to the person or party who sent the information to us. In no case will the dissemination of information to Kenotronix be subject to an obligation of confidentiality or the expectation of compensation. By sending us information, you waive any rights you may have in the information.
(d) You understand that Kenotronix will exclusively own all rights and interests in the Service, including, without limitation, all intellectual property rights associated therewith. The Service is licensed and not sold under this Agreement. This agreement grants you a temporary, non-exclusive, revocable, royalty-free license to use the service during the period authorized by Kenotronix, which is determined in our sole and absolute discretion, and which may be changed at any time, for any reason or without reason and with or without notice. You agree to keep the Service free from any security interest, privilege or other charge. You may not sell, rent, license, lend or transfer or dispose of the Service and you will be responsible for any loss or damage to the Service.
(e) As a customer of Kenotronix, by agreeing to these Terms of Service, you agree that Kenotronix may use your individual name and / or company name and / or logo on our website, marketing materials and the like. advertisements to indicate that you are or were at some point a customer of Kenotronix. If you are creating a website on behalf of a client or other third party, you represent and warrant that you have permission to grant this permission on behalf of that third party. This provision will survive termination of this agreement or your customer relationship with Kenotronix.
(6) RESALE AND ONLINE STORES
(b) Sales practices. In the conduct of your business, you must safeguard and promote the reputation of the Service and the Kenotronix business name, and refrain from any behavior that could harm that reputation or the marketing of your Service. You must strictly refrain from any deceptive or unethical business practices. You must comply with all applicable policies and procedures as well as applicable provincial and federal rules and regulations. Any breach by you of this paragraph will constitute a material breach of this agreement and in addition to all remedies available to us, you will indemnify and hold us free from any and all charges, fines, penalties or liabilities imposed on our against arising out of any activities by you. The prices you charge for the Service you resell will be determined solely by you. Likewise, you are solely responsible for collecting from your users all charges related to the service, such as applicable taxes. We will be able to trust and act on the information you or your users provide to us.
(K) PROTECTION OF YOUR DATA
Services available which may involve the submission, collection and / or use of personally identifiable or identifiable information about you and your own customers (“your data”) in connection with your use of these services. Your data, for the purposes of this section, excludes any content. Our Data Processing Addendum (“DPA”), which is incorporated herein by reference and applicable to the Services, is intended to provide you with contractual assurance that we have robust mechanisms in place to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Services, complies with applicable data privacy laws.
For the purposes of the DPA and the standard contractual clauses attached to the DPA (if applicable), you (and your applicable affiliates) are deemed to be the data controller / data exporter, and your acceptance of this Agreement at the time of purchase of the Services will also be treated as your acknowledgment and acceptance of the DPA and its annexes (including standard contractual clauses and its annexes, if applicable).
(1) DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
(a) The Service is provided “as is” and our exposure is limited.
KENOTRONIX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERY, FALSE DELIVERY AND ANY INTERRUPTION OF SERVICE CAUSED BY THE SUPPLIER AND THE SUPPLIER DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED BY THE SUPPLIER IS FREE OF BUY ERRORS, DEFECTS, VIRUSES OR DEFICIENCIES. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF SUPPLIER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF SUPPLIER’S SERVICE TO CUSTOMER IS INTERRUPTED OR MALFUNCTIONS FOR ANY REASON, SUPPLIER WILL NOT BE RESPONSIBLE FOR LOSS OF REVENUE DUE TO INTERRUPTION OF SERVICE, BEYOND THE COSTS PAID BY CUSTOMER TO PROVIDE SERVICE, DURING THE PERIOD OF INTERRUPTION OR MALFUNCTIONING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS DEFINED IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU USE.
THE KENOTRONIX SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. KENOTRONIX WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE IN NO EVENT THAT KENOTRONIX SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES MEDIA CORRUPTION OR DELETION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE INOPERABILITY OF KENOTRONIX SERVERS), ANY FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF KENOTRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS WHICH MAY OCCUR DUE TO LOSS OF THE WEB HOSTING SERVICE, USE OF THE WEB HOSTING SERVICE, ACCESS DELAYS OR INTERRUPTIONS IN ACCESS TO THE KENOTRONIX WEB HOSTING SERVICE SYSTEM, NON-DELIVERY OR MIS-DELIVERY BETWEEN YOU AND KENOTRONIX, EVENTS BEYOND KENOTRONIX’S REASONABLE CONTROL, NON-RECOGNITION OF KENOTRONIX WEB HOSTING SERVERS, THE PROCESSING OF YOUR REQUEST, THE PROCESSING OF ANY MODIFICATION OF THE REGISTER ASSOCIATED WITH YOUR WEB HOSTING SERVICE, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES BELOW, PROTECTION OR PRIVACY OF EMAIL OR OTHERS INFORMATION TRANSFERRED VIA THE INTERNET OR ANY OTHER NETWORK PROVIDER OR ITS CUSTOMER SERVICE MAY USE, OR APPLY ANY POLICY SET FORTH HERE.
IN NO EVENT SHALL KENOTRONIX’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT YOU PAY KENOTRONIX FOR THE SERVICE IN THE PREVIOUS TWELVE MONTHS, OR $ 500, WHICH IS LESS. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KENOTRONIX’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
(2) AVAILABILITY OF SERVICE
(a) You understand and agree that service interruptions may occur due to scheduled or emergency maintenance, updates and repairs by Kenotronix, or by strikes, riots, vandalism, fires, inclement weather, third-party supplier outages, cuts in cables, power, acts of terrorism and / or uncontrollable natural disasters, or other causes beyond Kenotronix’s control, as defined by standard practices of industry. From time to time, it may become necessary for Kenotronix to shut down, restart, disable, reconfigure, reroute or otherwise interrupt the Service for indefinite and unforeseeable periods of time. You agree that in no event will Kenotronix be liable for any financial or other damage due to such interruptions. Under no circumstances will Kenotronix be liable to you or any other person or party for any special, accidental, consequential or punitive damages of any kind, including, without limitation, reimbursement of expenses, loss of profits , loss of income or replacement cost. services. Such failure or delay does not constitute a breach of this Agreement.
(b) Kenotronix reserves the right to reset the password used to access a service and an account, if, in our opinion, the current password is not secure or is not up to date. We may also reset the password used to access a service or account as part of any security audit required by our data centers or any other third party we contract with to provide the service.
(c) In our sole discretion, we may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to you. We may also limit or restrict the Service in accordance with any new regulations or government policies that may arise, nationally or internationally.
(d) We reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to deny access to the Service to anyone, at any time, for any reason or no reason.
(e) From time to time, it may be necessary for us to update certain software, applications and / or the Service without notice. An example of a necessary update is an update from one version of PHP to another. The updated version may not be compatible with your content and / or website, and your content and / or website may stop working as expected after the update. In most cases, we are not able to undo or cancel the update. You are solely responsible for the fit of your content and websites and their compatibility with the updated version and you agree that Kenotronix is not responsible for any loss or damage that you or any other person or party may suffer as a result of our updating of certain software, applications and / or the Service.
(a) Customer agrees to defend, indemnify, and hold Kenotronix and its affiliates, directors, officers, agents and employees safe from and against all claims, obligations, losses, damages, costs, liabilities and expenses ( including reasonable attorneys’ fees) and costs incurred by Kenotronix arising out of or as a result of any claim, action, dispute or demand by third parties (including customers of the Client) which are related to or arising out of your use of the Service or your placement or transmission of any material or content on Kenotronix’s servers. These responsibilities may include, but are not limited to: (a) false advertising claims against the Client (or the Client’s clients), (b) liability claims for products or services sold by the Client (or clients of the Client), (c) infringement or misappropriation of intellectual property rights, (d) violation of publicity or confidentiality rights, defamation, slander, obscenity or child sexual abuse material (CSAM), (e) spam or any other offensive, harassing or illegal behavior (including but not limited to any violation of our acceptable use policy, as defined in this Agreement), or (f) any other damage resulting from your equipment, business or use of the Service.
(b) Kenotronix agrees to indemnify, defend and hold harmless Customer and its affiliates, directors, officers, agents and employees (collectively, the “Customer Group”) from and against all claims, obligations, losses , damages, costs, liabilities and expenses (including reasonable attorneys’ fees and expenses) incurred by the client group arising out of or as a result of any claim, action, dispute or demand (or any member thereof ) Insofar as (i) any bodily injury, death or physical damage, loss or theft of tangible personal property caused by the gross negligence or willful misconduct of Kenotronix or its employees, agents or subcontractors, or (ii) infringement of any Canadian patent, copyright or other proprietary right resulting from Customer’s use of intellectual property exclusively developed or 100% owned by Kenotronix and used to provide the Service; provided, however, that in addition to the above indemnification, the sole and exclusive liability of Kenotronix with respect to this section (K) (3) (b), and the sole and exclusive remedy of the customer in relation to this section (K) (3) (b), is limited to Kenotronix making the Service non-infringing or arranging for Customer’s continued use of the Service by license or otherwise, but if any of the above options are commercially impractical for Kenotronix, in Kenotronix’s sole discretion of Kenotronix, upon written notification to the customer, Kenotronix may cancel the directly affected service, reimburse the customer for all prepaid charges for such canceled service and, if applicable, adjust the customer’s ongoing monthly charges for the continued service to reflect the this service canceled. Notwithstanding anything to the contrary in this section (K) (3) (b), Kenotronix will have no obligation of indemnification to the customer under this section (K) (3) (b) for any offense arising from (A) unauthorized modification. Service by the Customer, (B) the combination of the Service by the Customer with any intellectual property not developed or owned by Kenotronix if the Service would have avoided infringement without such combination by the Customer, or (C) Customer’s failure to install any updates, patches or other similar material provided by Kenotronix or the licensor of the intellectual property that is the subject of such claim.
(4) FORCE MAJEURE
(a) Kenotronix will not be liable to Customer or any other person, company or entity for any failure to perform under this Agreement if such failure is due to one or more causes, including, but not limited to , strikes, riots, vandalism, fires, inclement weather, third-party supplier outages, cable cuts, power outages, acts of terrorism and / or uncontrollable natural disasters, or other events similar; any law, order, regulation, direction, action or request of the Government of Canada or any other government (including any state or local government agency, department, commission, tribunal, office, corporation or any other instrument of one or more of the said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lock-out, or work stoppages or other work difficulties; breakdowns, shortages, shortages or delays.
(M) DISCONTINUED SERVICES
(1) END OF LIFE POLICY
Kenotronix reserves the right to cease offering or providing any of the Services, or any third party services on which our products or services are based or on which they rely, at any time, for any reason or without prior notice. Although Kenotronix goes to great lengths to maximize the lifespan of all of its services, there are times when a service we provide is interrupted or reaches its end of life (“EOL”). If so, that product or service will no longer be supported by Kenotronix in any way as of the EOL date. Kenotronix will not be liable to you or any third party for any modification, suspension or discontinuance of any of the products and services, or of any third party service on which our products or services are based or on which rely.
(2) ADVICE AND MIGRATION
In the event that a service, or any third party service upon which our products or services are based or which are relied upon, has achieved or will achieve EOL, it is your responsibility to take all necessary steps to replace the service by migrating to a new service. before the EOL date, or by completely ceasing to rely on said Service before the EOL date. In either case, Kenotronix will provide you with a comparable service that you can migrate to for the remainder of the term of your purchase, a pro-rated credit or a pro-rated refund, which will be determined by Kenotronix in its entirety. discretion. Kenotronix may, with or without notice, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any loss or damage resulting from such migration.
(3) NO LIABILITY
Kenotronix will not be liable to you or any third party for any modification, suspension or interruption of any of the services we may offer or facilitate access.
(1) THIRD PARTY SUPPLIERS
(a) Kenotronix may subcontract the performance of certain services to third parties, and your use of the products and services provided by third parties will be governed by any applicable license agreements, if any, with such third party and the terms and conditions of the third. Kenotronix makes no representations or warranties and cannot be held responsible for the quality, availability, timeliness, accuracy or completeness (or lack thereof) of the information, products or services provided by a third party provider.
(b) Kenotronix is not the agent, trustee, representative or trustee of you or any third party supplier in any transaction. All transactions with third party vendors should be carried out by and between the visitor and the third party vendor. All discounts and special offers from any third party may be subject to additional conditions, restrictions and limitations.
(2) SYSTEM STATUS
(a) Without obligation, in order to be as transparent as possible, the status of our systems is made available on our website. Our system status page is provided for informational purposes only and provides information only on known system issues and maintenance that may affect the Service.
(b) Kenotronix systems may be monitored for all lawful purposes including, but not limited to: for system management, to facilitate protection against unauthorized access, to verify survivability, operational security , system integrity and security procedures. During monitoring, information and content may be examined, copied, recorded and used for authorized purposes. Your use of our systems constitutes your unconditional consent to such monitoring.
(3) COMPLIANCE WITH THE LAW
(a) You agree to use the Service offered by Kenotronix in a manner consistent with all applicable local, provincial and federal laws and regulations of Canada, whether or not you are a Canadian citizen. Customers who use our systems for illegal activities, including, but not limited to, intrusion into remote systems, phishing, credit card fraud, theft, will have their accounts closed with immediate effect, without notice or otherwise, and without reimbursement of costs. You are solely responsible for determining the laws and regulations applicable to your use of the Service.
(b) Our policy is to cooperate with law enforcement and administrative authorities, but we don’t just give them all of your information. At the legal request of a law enforcement agency or government administrative agency, Kenotronix may, without notice or with your consent, provide information requested by that agency to such agency.
(a) If any federal, provincial or local government entity having tax authority over the Service imposes any tax, duty or charge directly on the Service provided to you by Kenotronix under this Agreement (to the exclusion of any income, business and profession, capital gain, death or inheritance, or other indirect taxes), Kenotronix can then send you the direct amount of this tax, and you will have to pay this tax as soon as possible.
Failure of any party to insist on compliance with or application of any section of this Agreement will not affect its validity or enforceability or constitute a waiver of future application of that section or any other section of this Agreement. this agreement.
(6) RELATIONSHIP OF THE PARTIES
It is the intention of the parties that an independent contractor relationship will be created by this Agreement and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to portray yourself in any way sponsored by, affiliated with, endorsed by, in partnership or in business with, or as an employee or employer of Kenotronix, any of the affiliates of Kenotronix or its respective service providers. In addition to the above:
Nothing in this Agreement is intended nor should be construed as creating an obligation of exclusivity between you and Kenotronix. Nothing in this Agreement is intended or should be construed as limiting or otherwise restricting the right, liberty and / or ability of Kenotronix to enter into other and different relationships with other persons, companies, entities and parties, and we can, and we will, forge other and different relationships with other people, companies, entities and parties. Further, neither party undertakes, whether by this Agreement or otherwise, to perform any obligation of the other party, or to assume any liability for, without limitation, the actions, activities or operations of the other part.
(a) This Agreement is not governed by the United Nations Convention on the International Sale of Goods. The exclusive place for all disputes arising out of this Agreement will be in the state or federal courts of the Province of Quebec, Quebec and we each agree not to bring an action in any other place. You waive all objections to such venue and agree not to dispute the personal jurisdiction or location of such courts. You agree not to bring or participate in any class action lawsuit against Kenotronix or any of its partners, employees, subsidiaries, officers, licensors or affiliates. Each of us agrees that we will not make a claim under the Agreement more than one year after the date the claim arose.
(b) By using the Service, you agree to submit to binding arbitration. In the event of a dispute or claim against Kenotronix, such dispute or claim will be dealt with by an arbitrator chosen by Kenotronix. The arbitrators will be retired lawyers or judges and will be chosen in accordance with the applicable rules. All decisions rendered by the arbitrator are final. The arbitrator’s decision is final and binds all parties. The winning party in such proceeding will be entitled to recover its reasonable attorney’s fees and costs incurred in the proceeding from the non-winning party, as well as all reasonable attorney fees and expenses that the winning party has incurred before. the start of the procedure.
(c) Under no circumstances will Kenotronix publicize any dispute or controversy between you and a third party. Kenotronix is unable to provide legal advice or assistance. Our policy is not to judge, validate or invalidate the substance, merit (or lack thereof) of any complaint made to us (such as complaints of copyright or trademark infringement, defamation , slander or defamation) – this is left to the legal system and the courts. Notwithstanding anything to the contrary, we will remove or disable, without notice, any content or website that any court of competent jurisdiction has ordered to be removed or disabled for any reason.
(d) If you violate any of the terms of this Agreement, additional rules and guidelines, any of the terms of the respective service providers, or any right of Kenotronix, we and any other aggrieved party reserve the right to sue any and all legal and fair remedies against you. If you are aware of any violations of this Agreement, please notify us at email@example.com
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without the prior written consent of Kenotronix, which consent will be at the sole discretion. from Kenotronix and without obligation; such assignment or transfer is null and void. Kenotronix is free to assign any of its rights or obligations hereunder, in whole or in part, to a third party in connection with the sale of all or substantially all of its assets or shares or in as part of a merger.
(9) ITEMS WITHOUT FORCE OR EFFECT
The headings in this agreement are just for fun and to help you understand the concepts. We have worked hard on them, but legally, all of the bold headings, headings, subheadings, and explanatory phrases used in this agreement have no effect or affect the meaning of any of the sections herein. Sad, eh?
(10) ENTIRE CONTRACT
This agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels all other agreements, proposals, communications and understandings, written or oral, between Kentoronix and you, other than as explained or incorporated by reference. in the preamble to this Agreement.