|Khimaira WebHosting Solutions - Khimaira.com or Kwebhost.com||
THIS AGREEMENT is made and entered between Khimaira-GreenEarthHost hereinafter referred to as Khimaira-GreenEarthHost, and the Customer, who wishes to use the services of Khimaira-GreenEarthHost in accordance with Khimaira-GreenEarthHost's standard application.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web host provider, Khimaira-GreenEarthHost, or its representatives, will provide server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web.
2. CONDITIONS: The application and this Agreement constitute a binding contract between Khimaira-GreenEarthHost and the Customer (or representative of company) and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations within the 30 day money back period will receive 100% of all monies paid. (Please note: if we are registering a new domain for you, monies for domain registration are not refundable.) Cancellations after that time period will receive a prorated refund. See cancellation notes below.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Khimaira-GreenEarthHost makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Khimaira-GreenEarthHost shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Khimaira-GreenEarthHost is at the Customer's sole and absolute risk. Khimaira-GreenEarthHost specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME: If
acquire an Internet Domain Name on behalf of the Customer, then in
such case the Customer hereby waives any and all claims which it may
have against Khimaira-GreenEarthHost, for any loss, damage, claim or expense arising
out of or in relation to the registration of such Domain Name in any
on-line or off-line network directories, membership lists or
registration lists, or the release of the Domain Name from such
directories or lists following the termination of the providing of
this service by Khimaira-GreenEarthHost for any reason. When we register a
domain name on behalf of the client, the client will be listed as the owner of the
domain name, with our contact email address to facilitate renewals.
Our email contact will be listed as administrative,
technical and billing contact so that we can handle the automatic
renewal of your domain names for you, and
may from time to time, decide to move
to a different registrar as might be appropriate for our operations.
Having our email as contact will facilitate that process. Upon request, we can
set up domain with individual access for the owner and with email
contact for the owner, however all costs for renewal will be then
become the responsibility of the owner in this case.
Also, domain names are registered in the ownership of the individual/company as listed. However, password access to the domain, in most cases, will be limited to Khimaira-GreenEarthHost. This allows us to keep our prices low and to maintain the renewal and updates of your account. As noted above, we can set up domain with individual access for the owner and with email contact for the owner by request, if the account is current.
6. PAYMENT: The first payment is due at the time the application is filled out and returned to Khimaira-GreenEarthHost. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. For renewals, hosting plans will be automatically renewed, with payment due within one week after renewal date. Clients should review renewal date and balance due information in their control panels, and are responsible for paying a balance due when shown. In the event that the Client fails to pay for such services within 10 days of due date, Khimaira-GreenEarthHost shall be entitled to unilaterally terminate this Agreement and may discontinue the service and suspend the website hosting until payment is made. A service fee of may also be applied to the balance due. If accounts are deleted for non payment, they may be listed on our website as a NonPaying/Delinquent Account.
7. UNILATERAL SERVICE REVOCATION: In the event that Khimaira-GreenEarthHost may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Khimaira-GreenEarthHost may immediately discontinue such service to the Customer without liability. This will include adult content, links to adult content and/or unsolicited email (spam).
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless Khimaira-GreenEarthHost from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Khimaira-GreenEarthHost on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: Khimaira-GreenEarthHost reserves the right to make changes to the terms and conditions of this Agreement at any time. Change in service fees will be effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
All accounts are automatically renewed annually, unless a cancellation
request is submitted via fax or email and acknowledged by
Khimaira-GreenEarthHost. Cancellations by phone are not
accepted as we need validation of account ownership. To cancel an account, client must complete
the cancellation request in the client interface (https://Khimaira.com/clients)
or here. If an account
has been past due at any point in the history of the account, no
refund will be made for remaining contract time.
If he client has been in good standing and cancels before the end of a
the client will be charged the higher rate for monthly hosting (since
the term was not completed), plus the current charge for domain name
registration/renewals. If the domain name renewal has been
completed by Khimaira on behalf of the client for the current or
upcoming renewal year, a minimum fee of $20 for domain name renewal
shall be due. Any discounts provided will also be
removed if hosting is cancelled prior to completion of contract.
Accounts must be current before cancellation is completed, or they
will be subject to being reported as defaulted accounts. Any domain
names registered or maintained by Khimaira-GreenEarthHost on behalf of the client
will remain with Khimaira-GreenEarthHost accounts until customer's account is paid
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.
Khimaira-GreenEarthHost Does Not
Host Sites With Adult Material
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