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WEB HOSTING PROGRAM AGREEMENT
OVERVIEW
This Kenotronix Web Hosting Program Terms of Service Agreement (this “Agreement”) is made by and between Kenotronix, a Canadian chartered limited liability company (“Kenotronix”) and you, and is effective on the date of electronic acceptance. This agreement sets out the terms and conditions for your use of the Kenotronix Web Hosting Services (“Web Hosting Services”). For the purposes of this Agreement, a Freelance Writer or Independent Web Professional who provides services to persons in accordance with the Web Hosting Program will be referred to as “Professional Program Provider (s)” and persons wishing to engage the services of Hosting Program Providers. Web will be referred to as “Web Hosting Program Client (s)”.
Your electronic acceptance of this agreement signifies that you have read, understood, acknowledge and agree to be bound by this agreement, as well as by the agreement of the Kenotronix Universal Terms of Service, which are incorporated herein by reference.
The terms “we”, “us” or “our” refer to Kenotronix. The terms “you” or “your” refer to any person or entity that accepts this Agreement, whether as a provider of the Web Hosting program or as a customer of the Web Hosting program. Nothing in this Agreement shall be deemed to confer any rights or benefits on third parties.
Kenotronix, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements incorporated therein, at any time, and such changes or modifications shall be effective immediately upon posting on the Kenotronix website. (This site”) ). You acknowledge and agree that (i) Kenotronix may notify you of such changes or modifications by posting them on this site and (ii) your use of this site or the services after any such changes or modifications have been made (as indicated by the Revised ”at the top of this page) will constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this site or the services. In addition, Kenotronix may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information (“Account”) up to date, including your email address. Kenotronix assumes no responsibility for your inability to receive email notification if such failure results from an inaccurate or out of date email address.
You agree that this Agreement will be deemed to have been negotiated, entered into, executed and executed for all purposes in the province of Quebec, Canada.
2. DESCRIPTION OF WEB HOSTING SERVICES
Web Hosting Services provides a simplified platform that enables professional program providers to purchase, configure, and manage Kenotronix products for Web Hosting program customers. Web Hosting Services include: i) Shared shopping, which allows you to send a shopping cart to Web Hosting program customers to purchase Kenotronix products for their website, ii) Account Access, which allows you to view or administer the Kenotronix account of a Web Hosting program customer iii) Site Monitoring, which allows you to monitor a Web Hosting customer’s website availability and server response time, and iv) a direct access line to our Kenotronix technical support representatives.
3. ACCOUNT ACCESS CONDITIONS
Use of the Web Hosting Program includes features that allow the Web Hosting program provider to request authorized access rights to the accounts of the Web Hosting Program customer (s), or to grant limited or full access to your Kenotronix account. to a web host program provider, with whom you have an established business relationship. Any such access or grant is subject to and strictly governed by the terms and conditions of the Account Access Terms of Service, which are incorporated herein by reference.
Account access may be granted on a limited basis, in which case the Web Hosting program provider will be able to view the Kenotronix account of the Web Hosting program customer, or on a full basis, in which case the Web Hosting program provider may purchase Kenotronix products on behalf of the Web Hosting Customer, via the payment method registered in the Web Hosting Customer’s account.
Any violation of this Agreement or of the Account Access Terms of Service, which will be determined in our sole and absolute discretion, may result in the immediate termination of your access to the Web Hosting Program, criminal prosecution and / or civil action. If the Web Hosting Program is canceled for any reason, any content or data you entered into the Web Hosting Program will be lost and cannot be recovered.
4. CONDITIONS OF THE BETA PROGRAM
Kenotronix may choose to offer a preview “Beta” version of the Web Hosting Program or one or more specific features offered in the Web Hosting Program (the “Web Hosting Beta Program”). If the services or features are offered as a Beta Web Hosting program, you will be notified that the feature is available as a preview only and you will be offered a choice regarding your participation. If you choose to participate in the Web Hosting Beta program, you will be able to use the preview version of the services or functionality, and test various scenarios and use cases within the services.
The services and all features offered in the Beta Web Hosting Program are offered “as is” without warranty of any kind. By participating in the Beta Web Hosting Program, you agree not to use the Beta Web Hosting Program for production or critical applications.
Your choice to participate in the Web Hosting Beta program indicates that you are prepared to provide feedback to Kenotronix regarding the services and features, and that Kenotronix may contact you to solicit your comments and opinions regarding the services and features.
Kenotronix may discontinue the Web Host Beta program, or your participation in the Web Host Beta program, at any time and for any reason.
5. MANAGEMENT OF WP SERVICES
As a professional program provider, you can have access to 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.
6. REMEDIES AND RIGHT TO CANCEL
Without limiting any of our rights and remedies, if:
You violate this agreement or any document incorporated by reference;
Kenotronix determines that your actions may present a risk to Kenotronix or its members;
As a Professional Program Provider, you receive an average rating of less than 4 stars (out of 5) on at least 10 reviews; or
Kenotronix determines that your use of the Web Hosting program infringes the intellectual property or legal rights of others.
Kenotronix may immediately and indefinitely revoke your privileges, suspend or close your account (s) and refuse to offer you the Web Hosting program, or take any other action deemed appropriate (as determined by Kenotronix in its sole and absolute discretion) to enforce or terminate this agreement.
7. DISCLAIMER AND RELEASE
Although Kenotronix takes certain steps to review the credentials of a Web Hosting Program vendor, as a customer of the Web Hosting Program you understand that nothing in the Kenotronix Web Hosting program is intended to replace or exceed licensing requirements for a freelance web professional. Kenotronix makes no warranties or representations regarding the competence of the Web Hosting program providers or the quality of the services that he or she can provide to you. If you choose to retain their services, Kenotronix does not endorse or recommend the services of any particular Web Hosting program provider. Anyone using the Web Hosting program should rely on their own independent judgment or, where appropriate, seek the advice of a competent professional in determining the exercise of due diligence in all circumstances. It is entirely up to you to assess a person’s qualifications and to enter into a direct contract or agreement with a professional program provider. The providers of Web Hosting programs are not contractors, employees or agents of Kenotronix.
Kenotronix is not involved in the actual contract between a Web Hosting program customer and a Web Hosting program provider or in the completion of any service. In the event of a dispute between the parties, you must settle it directly with the person with whom you are in contract.
YOU HEREBY AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD KENOTRONIX WITHOUT CONCERN AND ALL OF ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND ASSIGNMENTS OF ANY LIABILITY, CLAIMS, CLAIMS, CLAIMS, DAMAGES, DAMAGES INDIRECT, INCLUDING FEES, INCLUDING REASONABLE LAWYER FEES, ARISING OUT OF OR IN ANY MANNER RELATED TO THE CONDUCT, ACT OR OMISSION OF ANOTHER MEMBER OF THE WEB HOSTING PROGRAM (INCLUDING WITHOUT LIMITATION TREATMENT, HARASSMENT OR HARASSMENT ONLY OTHERWISE, ACTS OF PHYSICAL VIOLENCE AND PERSONAL DESTRUCTION OF PROPERTY), ANY DISPUTE BETWEEN YOU AND YOUR AFFAIRS WITH ANOTHER MEMBER OF THE WEB HOSTING PROGRAM.
UNDER NO CIRCUMSTANCES WILL KENOTRONIX AND ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNMENTS BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, ACCESSORY, INDIRECT, SPECIAL, USE OR EXEMPTION FOR YOUR USE. WEB HOST OR THE WEB HOST PROGRAM, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED OR UNAUTHORIZED ACCESS TO ANY ACCOUNT OF THE WEB HOSTER PROGRAM CUSTOMER, OR ANY LOSS OF DATA OR CONTENT YOU MAY EXPERIENCE AS A RESULT OF OUR INTERRUPTION OF THE BETA WEB HOSTING PROGRAM OR THE WEB HOSTING PROGRAM FOR ANY REASON.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT KENOTRONIX OR ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND TRANSFERS SHALL NOT BE LIABLE FOR DAMAGES, IN NO EVENT LIABLE, BY THE CONTRACTOR. OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE WEB HOST PROGRAM PROVIDER FOR THE SIX (6) MONTHS PRIOR TO THE CLAIM DEADLINE.
8. TITLES AND HEADINGS; INDEPENDENT ALLIANCES; SEVERABILITY
The titles and headings of this agreement are provided for convenience and ease of reference only and should not be used in any way to interpret or interpret the agreement of the parties as stated otherwise herein. Each pact and agreement of this Agreement shall be interpreted for all purposes as a separate and independent pact or agreement. If a court of competent jurisdiction considers any provision (or part of a provision) of this Agreement to be unlawful, invalid or otherwise unenforceable, the remaining provisions (or parts of provisions) of this Agreement shall not be affected by it and shall be found. . be valid and enforceable to the fullest extent permitted by law.
9. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein will have the meaning assigned to them in the Universal Terms of Service Agreement. In the event of any conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service, the provisions of this Agreement shall prevail.
10. CONTACT US
If you have any questions about the Kenotronix Web Hosting program or this agreement, please contact us at programs@kenotronix.com