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TERMS OF HOSTING
SERVICES 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, or its representatives (including GreenEarthHost), 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 and the Customer 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 makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Khimaira 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 is at the Customer's sole and absolute risk. Khimaira 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
Khimaira shall
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, 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
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. 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. 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 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 $25.00 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 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 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 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 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 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.
11. CANCELLATION:
All accounts are
automatically
renewed annually,
unless a
cancellation request
is received. To
cancel an account,
client must complete
the cancellation
request
here: Go There.
If an annual hosting
contract is
cancelled before the
end of the term, 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.
Additionally, there
may be a charge for
accounts that have
been past due in
previous times
during the term of
the contract which
have not previously
been assessed (at
the rate of 24%
annually). Any
discounts provided
for non profits 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 on behalf
of the client will
remain with Khimaira
accounts until
customer's account
is paid in full. IN WITNESS WHEREOF, the parties hereto, by requesting our hosting services, 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. PLEASE NOTE:
Khimaira Does Not
Host Sites With
Adult Material |
