Terms and Conditions
By placing an order, you agree to the terms outlined in the contract below.
KoiHosting, Inc., hereafter KoiHosting, will host a Virtual Web Server Internet Account for _____, hereafter Account Holder, for the domain(s) _____. Service will begin on _____, 20__ and will continue to renew automatically until notice of cancellation is received. Under penalty of perjury, Account Holder affirms that all provided contact information is accurate and that he/she is of contractual capacity under the laws of the United States of America. Account Holder agrees to the following terms and conditions of this Service Agreement:
1. MONEY BACK GUARANTEE
The account holder will have a 30-day trial period during which he may cancel service at any time for any reason and receive a full refund of monies paid, less domain registration fees and any applicable setup fees. After 30 days, KoiHosting reserves the right not to refund any pre-paid amount in the case of cancellation.
2. AUTOMATIC RENEWAL AND CANCELLATION POLICY
To avoid interruption in service and for the convenience of customers, all accounts automatically renew on their anniversary dates. Credit card information left on file for recurrent billing will be processed at this time; it is Account Holder’s responsibility to ensure that the appropriate billing profile is activated on relevant renewal dates.
A formal Cancellation Request must be received in order for an account to not be automatically renewed. The cancellation form may be accessed here.
3. LATE PAYMENTS AND COLLECTIONS
Payments must be made in US dollars to KoiHosting and are due upon purchase of service and/or presentation of invoice. Any bank fees or charges imposed upon KoiHosting associated with the receipt of payment shall be the responsibility of Account Holder.
If full payment is not received within 15 days of the due date, without other arrangements having been agreed upon prior, then all services will be suspended until payment is collected. After an account is 30 days past due, all associated accounts will be removed and the remaining balance may be sent to a collections agency for further action. No refund will be issued for suspended or deleted accounts.
4. ACCOUNT TERMINATION
KoiHosting reserves the right to terminate a contract at any time, for any reason, and return any unused funds.
5. DOMAIN REGISTRATION
Domain registrations are not automatically renewed. The domain registrant or other domain contact is responsible for renewing a domain registration with the corresponding domain registrar. A domain registration registered with KoiHosting will be renewed upon request and receipt of money due for renewal service.
KoiHosting is not responsible for the loss of a domain registration due to unlawful conduct, expiration, or transfer. KoiHosting has procedures in place to assist domain customers with domain record updates. Update requests will be accepted only from the registrant or administrative contact on a domain record. Signature and picture identification is required. KoiHosting also adheres to lock domain procedures to aid in protecting the domain from an unauthorized transfer. Once a domain is registered to a customer, the domain registration record must be kept current by the domain registrant. Domain expiration notification is emailed to customers as a courtesy. KoiHosting is not responsible if domain expiration notices are not received by the domain contacts.
6. DOMAIN NAME OWNERSHIP UPON DELINQUENCY
Upon removal of an account due to a past-due balance, any and all domain names associated with the account may become the property of KoiHosting. Domain names will then be used at KoiHosting’ discretion, as a domain alias for a KoiHosting-owned website and/or resold to an interested third party through the KoiHosting Domain Resale Program. Domain names can be returned to the original owner only in exchange for full payment of all past due amounts within 10 days of account removal.
7. ILLEGAL ACTIVITIES
The Virtual Web Server Internet Account and related electronic services may be used for legal purposes only. Any violations consistent with existing international, federal, state, and/or local laws will be grounds for immediate termination of services without monetary refund. This includes, but is not limited to, transmission, distribution, or storage of any material in violation of international, federal, state, and/or local laws, such as material protected by copyright, trademark, patent, and/or trade secret and/or other intellectual property right use without authorization. Gambling is also prohibited.
8. UNAUTHORIZED ACCESS
KoiHosting does not allow or support any programs or scripts that attempt to open unauthorized ports and/or to circumvent any accounting system. This includes, but is not limited to, IRC, bots, sniffers, and scanners. Ports are filtered at the firewall level and such programs will not function.
9. UNSOLICITED EMAILS (“SPAM”)
Engaging, advertising, and/or participating in the sending of unsolicited email is expressly prohibited on all KoiHosting’ servers. Unsolicited email is defined as using any computer or electronic device to send unsolicited advertisement(s) or electronic mail to an electronic mail address of an individual with whom such person lacks a pre-existing and ongoing personal or business relationship unless said individual provides express invitation and/or permission. Violators of this policy are subject to having their account(s) terminated without notice or refund.
10. BULK EMAILS
KoiHosting servers are not designed for the needs of bulk emailing. Account Holder shall not participate in any bulk mailing practice that involves the reduction of server resources for other customers. Violators of this policy are subject to having their account(s) terminated without notice or refund.
11. PROHIBITION ON EMAIL RESALE
Email accounts associated with an account may not be sold or given away to parties other than those with an interest in the business represented by that account.
12. SHARED SERVER / MAXIMUM CPU SECONDS
Account Holder understands that Virtual Web Server Internet Accounts are provided by KoiHosting on a shared server. Accordingly, Account Holder’s website and related services share space and resources with other Account Holders. Poorly written CGI code consumes a vast amount of system resources; therefore, each Account Holder is allowed a maximum of 1000 CPU seconds each day. Any script(s) found to be in violation of this policy will be terminated immediately. KoiHosting can and will seek compensation for any damages resulting from said script(s).
13. DATA TRANSFER ALLOWANCE
Bandwidth limits are set in accordance to the corresponding web hosting package. Any traffic in excess of the monthly allowance will result in additional charges as stated in KoiHosting pricing plan.
14. SERVER UPTIME
KoiHosting takes every step to ensure 100% uptime for all websites and related services. Account Holder acknowledges that certain issues can and do arise during the course of normal operations, and will not hold KoiHosting responsible in the event of any service interruption which results in the loss of revenue, service(s), and/or customer(s).
15. KoiHosting’ INTERESTS
KoiHosting owns all right, title, and interest in KoiHosting trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, and provisions of services by KoiHosting, and in the related hardware and software systems. KoiHosting makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing KoiHosting rights and used by Account Holder to promote and provide services to Account Holder’s customers. This agreement does not constitute a license to Account Holder to use KoiHosting trade names or service marks.
16. NON-DISCLOSURE AGREEMENT
By reason of his/her relationship with KoiHosting, Account Holder may have access to certain information and materials relating to KoiHosting’ business, services, customers, software technology, and/or marketing strategies that is confidential and of substantial value to KoiHosting. Account Holder agrees not to disclose any of the aforementioned information to any third party. The provisions of this section shall survive the termination of the agreement for any reason.
17. THIRD PARTY CONTENT
Under Section 230 of the CDA (47 U.S.C. sec. 230), KoiHosting “shall not be treated as the publisher or speaker of any information provided by another information content provider.” KoiHosting is not liable in any way for any statements made on its servers to, by, or regarding any third party.
18. VALIDITY OF THIS AGREEMENT
This agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the related services. It shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality and enforceability of the remainder of the provisions of this Agreement shall not be affected or impaired.