Hosting agreement - Kenotronix

Overview

The Universal Terms of Service Agreement sets out the terms and conditions for your use of the Site and the Services. This Hosting Service Agreement (“Service Agreement”) governs your use of Kenotronix’s hosting services (“Hosting Services”). Capitalized terms used in this Service Agreement, but not defined, are defined in the Agreement.

DESCRIPTION OF SERVICES

Web hosting: web hosting plans place your site in one or more servers. Resources are shared among many clients on the same servers; however, your site receives a unique address (DNS)

Managed WordPress hosting: Managed WordPress hosting plans give you a streamlined and optimized experience for building and managing WordPress sites. We handle basic hosting administrative tasks including: WordPress installation, automated daily backups, major WordPress updates, and server-level caching

Virtual private server (“VPS”): VPS plans place your site in a shared server with other clients, but you will have full control over your server space and complete configuration of your virtual instance on the server. You will have administrator access (root) and a dedicated IP address

Administered VPS: Managed hosting plans, you get all the benefits of having your own VPS or Dedicated Server, but we’ll manage the server for you, including your control panel setup, patch cycles and backups

Dedicated server: dedicated server plans reserve an entire server exclusively for your account and use. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and usage patterns of other clients.

Advanced help: advanced help plans are monthly subscription plans that provide you with root / administrative access to the service and Plesk. We manage patches, security, monitoring and backups. Configurations and installations are included in the fixed costs and expert services are included with the subscription at an additional cost. These expert services can help you if you need an experienced server administrator for complex tasks, including: optimizing databases, configuring firewalls, or moving content.

Hosting backup: hosting backup and restore services saves all your website files to the cloud once a day. These backup and restore services are available with website hosting plans and may be available for an additional charge with our other hosting service plans.

TERMINATION OF ACCOUNT; LIMITS

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 hosting services: You acknowledge and agree that upon expiration or termination of your hosting services, you must cease using the hosting services and renounce the use of the IP addresses and server names assigned to you. as part of hosting services, including domain pointing.] and Domain Name System (“DNS”) for your domain name (s) from our servers. Prior to termination of hosting services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or the content on your server to another provider. If you are unable to move your website or your server content off our servers prior to cancellation, we will remove all such content and we will not be able to provide a copy of that content.

Free Product Credits: upon termination of the hosting services, all free products provided as part of the hosting services will be canceled or revoked.

Notice regarding licensed images during migration or export (if applicable): Subject to all other applicable license terms and conditions, the available and licensed images are intended only for customers hosted by Kenotronix and are subject to the terms and conditions of third party intellectual property. license rights and 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).

Storage capacity: The total amount of usable storage capacity for your particular hosting services may differ from the capacity shown because there is space required for the operating system (s), system files, and other supporting files. ).

YOUR OBLIGATIONS; REPRESENTATIONS AND GUARANTEES

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 reasonably sought by us in accordance with such 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.

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 the stability of our network or will damage Kenotronix systems, our customers or third parties or cause an interruption in Internet services. 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 (for example, malicious software) and that, in the event that such content is discovered, it may be deleted at Kenotronix’s discretion for security purposes.

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.

Website / server content. You will be solely responsible for providing, updating, downloading and maintaining your website or server and 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, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or content on your server must 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.

PROVISIONS SPECIFIC TO WEB, VPS AND ADMINISTERED WORDPRESS HOSTING

Storage and plan limits. All web hosting and WordPress hosting plans, including unlimited plans, are subject to a limit of up to 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Linux® hosting accounts. Windows® hosting accounts. 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 our sole discretion. All Linux 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.

WordPress hosting can only be used to host a WordPress website. Only one WordPress installation is allowed per website. Any WordPress hosting account found hosting a non-WordPress website may receive a network violation warning and will need to remove the non-WordPress website, or may be suspended temporarily or permanently, in our sole discretion. Additionally, you may need to purchase a suitable hosting plan in order to host the non-WordPress site if you want to continue hosting the non-WordPress site on our network.

You acknowledge and agree that inbound UDP traffic is not supported in shared hosting environments.

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.

Unlimited disk space / bandwidth / website plans. WordPress web hosting and hosting plans are designed to host most personal websites, small businesses, and organizations. So we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites, or disk space you can use in the course of operating your website, as long as it complies with this agreement. on duty. In the event that the bandwidth, number of websites or disk space usage of your website poses a risk to the stability, performance or availability of our servers, data storage, network or any other infrastructure, you may need to upgrade to a VPS or Dedicated Server, or we may take steps to restrict the resources your website uses.

Website accelerator service. Our Website Accelerator service (“Website Accelerator”) provides a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content. on a nationwide network of servers. You acknowledge and agree that the content of your website will be stored throughout Canada and the United States. You acknowledge and agree that the CDN may be interrupted or suspended at any time, and your participation is subject to eligibility, as detailed below.

In order to be eligible for the Website Accelerator, you acknowledge and agree that you meet and will maintain compliance with the following criteria: (1) your website must be hosted in Quebec, QC; (2) your domain name and your hosting must be in the same account; (3) you must have DNS with us; (4) you must not use DNSSEC; (5) you cannot have or add SSL certificates; if you add SSL with CDN enabled, the SSL certificate will not work; (6) you must have an Ecommerce or WP Ecommerce web hosting plan; and (7) you cannot change operating systems.

WHMCS license. In the event that you add a WHMCS license to your business hosting plan, you agree to be bound by both the WHMCS Terms of Service and the End User License Agreement, both of which are incorporated here by reference.

Your hosting plan may allow you to access ManageWP. ManageWP is a website management console that allows its users to administer any number of websites including, but not limited to, tools for management, monitoring, backup, deployment, publication and security. You acknowledge and agree that your use of ManageWP is subject to the Terms of Service located here, which are incorporated herein by reference.

PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING

Access to the server. If you purchase Managed Backups, you hereby authorize us to connect to your server for the purpose of installing and configuring Managed Backups.

IP addresses. You acknowledge and agree that you must begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses. If you do not begin to use at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of the assignment, you acknowledge and agree that we will have the right to recover all addresses IP not used.

FTP backup. We offer an FTP backup option at an additional cost. You acknowledge and agree that the purchase of FTP Backup may require additional downtime for installation and maintenance. You further acknowledge and agree that by using the FTP backup option, you will be subject to maximum disk space and bandwidth usage depending on the plan you purchase. Subject to the terms and conditions of this Service Agreement, we will use commercially reasonable efforts to provide FTP backup services on a twenty-four (24) hour per day, seven (7) days per week basis for the duration. of this Service Agreement. You acknowledge and agree that from time to time, the FTP backup services may be inaccessible or inoperative for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or which are not reasonably foreseeable, including, but not limited to disruption or failure of telecommunications or digital transmission links, hostile network attacks, congestion network or other outages. FTP backup may not be available on all hosting plans.

Additional configuration modules. We offer several configuration options (“configuration add-ons”) at an additional cost. The specific configuration add-ons available depend on the hosting package you purchase, but may include a control panel, database, external firewall, or RAID. You acknowledge and agree that installing a configuration add-on will use up some of your available storage, may require additional provisioning time, require us to install third-party software (defined below), third-party hardware, or Custom software developed in-house on your server, and in some cases may limit the versions of third-party software available for use with your server. Third-party software, third-party hardware, and client software developed in-house will be borne by us. If you want to undo the RAID, you will need to cancel your server and purchase a new one.

Plesk. If you add Plesk to your server, you agree to be bound by Plesk’s EULA, which is incorporated herein by reference.

cPanel. In the event that you add cPanel to your server, you agree to be bound by the cPanel EULA, which is incorporated here by reference.

CPanel or Plesk Fair Use Policy: This policy is a guide to understanding the intended uses of our services and to preventing the exploitation and abuse of the unlimited features offered in our plans. VPS and dedicated hosting with cPanel offer unlimited number of accounts. Although we do not wish to set a specific limit, as a guide, a threshold of 100 accounts will be considered normal and reasonable use. We rate your usage against typical usage levels experienced by other users. In the event that you exceed this threshold, Kenotronix may, in its sole and absolute discretion, assess additional usage charges for accounts exceeding the threshold or restrict the creation of additional accounts. Where possible, Kenotronix will provide notice of your use beyond normal use.

PROVISIONS SPECIFIC TO ADMINISTERED SSL

If you have purchased SSL Managed and are using an SSL certificate on a website hosted by Kenotronix, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even at your request. If you wish to export your SSL certificate for use on a non-Kenotronix server, request an SSL certificate rekey – your current SSL certificate will become invalid and we will issue a new certificate for use on your non-Kenotronix server.

We will automatically validate, issue and install the new certificate every year for subscribed customers using our hosting products. Customers using third party hosting products will need to reinstall the new certificate after we have automatically validated and issued a new certificate. We will notify customers when to act through the product dashboard and email.

You are authorized to assign to a representative the authority to (1) sign and submit, or approve a certificate request on your behalf, (2) sign and submit a subscription contract on your behalf and / or (iii) acknowledge terms of use on your behalf, provided that you acknowledge and agree that you are and will remain subject to and bound by all the terms and conditions of this Agreement.

PROVISIONS SPECIFIC TO ASSISTANCE PLANS

All services, whether subscription or on-demand, will be listed as “Best Service”. Even after taking all reasonable steps, we may not be able to resolve some issues. You acknowledge and agree that you must not use the Support Services in a manner which, as determined by us in our sole and absolute discretion:

• displays or advertises pornographic, X-rated, sexually explicit or tasteless material, images, products or services (including, but not limited to: massage, dating, escort or prostitution services ) or
• uses pornographic, X-rated and sexually explicit keywords or images in the names, descriptions or listings of videos.

Additionally, you are responsible for ensuring that any product offered for sale on your website complies with all applicable laws and regulations under which your items may be purchased. We reserve the right and sole discretion to determine whether the sale of a particular item is illegal or otherwise prohibited and to cancel your services.

Managed and fully managed hosting support plans. If you purchase an Advanced Help Plan (“Advanced Help Plan”) with a VPS or Dedicated Server, we may install a limited number of Applications (“Supported Applications”) on your server at your request. A full list of supported applications is available on request from our support team. If you request the installation of a supported application, we will install and configure the supported application on our server as long as the server has available resources (e.g. storage, RAM, processing power) to support load this particular application.

We will then provide you with the primary username and password (administrator), in which case you will take over the managed and additional configuration of that particular application. We will not be responsible for the content, personalization or any other activity associated with the Supported Application, including any repair of the Supported Application if it stops working.

We will limit the technical support of an inoperative Supported Application to restoring said Supported Application to its original state (new installation, without data or customization). The backups offered with these support plans are snapshots taken on a 10-day cycle. Restorations are available on request and may require additional charges.

Expert Services. If we determine that a request for assistance is outside of your plan, you may request personalized assistance services (“Expert Services”) for a fee, or on a per service basis, which we will advise you beforehand. to provide the personalized assistance service. If you choose to use our expert services, we reserve the right to charge any or all fees for these services before the start of any work in progress. Fees for expert services are non-refundable. You must, within fourteen days of any Expert Service, notify us of any problem with the Expert Services. We are not responsible for and will not provide assistance for any issue (s) occurring beyond fourteen days of any expert service.

Accommodation of migrations. If your domain name is registered with us and the web hosting associated with the domain is provided by a third party, we may, at your request and in our sole discretion, attempt to help you move the web hosting from the domain name. with us (“Site migration”). Site Migration is provided as an additional service, and we make no guarantees about the availability, ability, or time required to perform a hosting migration. Each hosting company is set up differently and some hosting platforms save data in an incompatible or proprietary format, which may prevent us from assisting you in transferring data from a third party host.

You are solely responsible for reviewing the functionality and accuracy of the content migrated to its new location after a hosting migration. If you are happy with the data migration, you will need to update the DNS record for the domain name in order to publish the website to its new location. We will not perform a website backup or archive as part of a hosting migration, and we recommend that you back up your third-party hosted website prior to the migration to ensure that no data is missing. is lost. You agree not to make any changes or revisions to your website during the migration process.

You agree that we are not responsible for any delays in resolving the website or loss of data related to your hosting migration. Hosting migrations are not available for websites with more than 10 GB of data or more than 100,000 files.

We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration to our own managed WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the hosting migration of your WordPress files. You can deactivate the plugin on your source site after the hosting migration is complete.

SERVICE TIME GUARANTEE

We provide a 99.98% uptime guarantee (“Guaranteed Uptime”) of the available time per month. If we fail to maintain this guarantee of service availability during a particular month (as determined solely by us), you may contact us and request a credit as set out in our Guarantee 15/15 . Credit can only be used for the purchase of other products and services from us, and does not include applicable taxes. The guarantee of service availability 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) outages 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.

THIRD PARTY SOFTWARE

Definition and scope. As part of the hosting services, you may be permitted to use certain software, widgets, or other applications (“software”) developed, owned or licensed by a third party. Your use of this software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third party vendor, your use of the Software is subject to that license agreement, in addition to this Service Agreement.

Terms and conditions applicable to all software and operating software. You may use the software and operating software only as part of the services. You may not remove, modify or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Software. In addition, you may not sell, modify, reverse engineer, decompile, disassemble, reverse compile, create derivative works, or attempt to derive the source code of the Software.

Kenotronix may provide your personal information to third party vendors as necessary to provide the third party software. Kenotronix reserves the right to modify, change or discontinue the provision of the Software at any time.

Kenotronix makes no representations or warranties on third party software offered in connection with hosting services and expressly disclaims all liability.

You will indemnify, defend and hold Kenotronix harmless against any claims imposed or incurred by Kenotronix arising directly or indirectly from your use or misuse of the third party software. Third Party Software providers are third party beneficiaries of this Services Agreement for the purpose of enforcing their rights under this Services Agreement.

We reserve 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 required 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 license agreement from a third-party vendor, unless you first agree to the terms and conditions of that 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 the third party providers (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).

Additional Terms and Conditions Applicable to Images and Software. The third party providers listed in this section make no representations or warranties about any software offered in connection with the hosting services, and expressly disclaim any liability or damage (direct, indirect or consequential) arising from the use of the software.

You are responsible for managing and maintaining in good standing any paid subscription and / or account required with a third party provider. You must cancel or terminate your paid subscription and / or your account with the relevant third party provider and not Kenotronix.

Regarding this, “Personal Data” means any information relating to an identified or identifiable natural person or, to the extent applicable under applicable laws, to a household; an identifiable person is a person who can be defined, directly or indirectly, in particular but not limited to by reference to a user identifier or to a unique identifier, such as name, identification number, precise geolocation data, identification of the user online, or by reference to one or more factors specific to physical, physiological, genetic, economic, cultural or social identity. “Personal data” does not include aggregated, anonymous or anonymized data, such as usage data. “Usage Data” as used herein means all information reflecting access to or use of the hosting services by or on your behalf, including, but not limited to, data from visit, session and statistical or other analyzes, information or data based on or derived from any of the above. You acknowledge and agree that you have no rights in Usage Data, as these terms are defined by applicable laws.

Any use of any hosting service involving Kenotronix Dedicated Servers running on the DED4 platform that involves you storing specially protected data is subject to the following additional terms:

• • You will not submit through the Hosting Services any unencrypted protected health information as defined in the Health Insurance Portability and Liability Act (“HIPAA”) (“PHI”);
  • You will not submit through the Hosting Services any encrypted PHIs unless the parties have entered into a mutually acceptable HIPAA Business Association Agreement (“BAA”);
  • You will not submit through the Hosting Services any unencrypted personal data subject to regulatory protection under the applicable laws of the federal, provincial or local government authorities of Canada; and
  • You will not submit any encrypted personal data through the hosting services without notice and obtaining the prior consent of the person concerned, as required by applicable law.