General Terms of Service

Whereas Kship is an information provider connected to the Internet, Kship offers storage and transfer services over the Internet through access to its Web Server.

Whereas Customer seeks to utilize Kship server for its own purposes.

Whereas the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Kship can make no guarantee that any given reader shall be able to access Kship server at any given time.

Kship represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little interruption service as possible.

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows.

SPAM: Spam will not be tolerated. IF we find spam is being sent from your account whether purposely or your account has been compromised, we will take action as noted in our spam policy. It is very important for you to use difficult passwords for your email accounts created on the server.

Financial Arrangements

1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.  If the Kship automated billing system cannot renew the account upon its renewal date using the credit card information provided at time of sign-up after 2 (days) attempts, the system will suspend the account. If a client’s account is turned off because of non-payment, there will be a $49.95 re-activation fee. IF the hosting client does not choose to renew an expired/suspended hosting account after 8 days from expired/suspend date, all files will be deleted from our servers. Files are not recoverable after that point. Files that are deleted include any email sitting on the server and ALL web associated files. If a client moves their domain to point to another name server any services on KSHIP servers will be disrupted and unreachable. Our server will then remove the account and all data will be deleted from our servers and are not recoverable. If customer charges back any charge to KSHIP WEB the customer will be charged an additional $50 fee to cover the fee we are charged for a charge-back. Email and phone communication / requests to cancel services are not acceptable ways to cancel your account with Kship. You MUST login to your client area and simply request cancellation and our system will handle it.
2. Customers agree that all charges and fees associated with an account are their sole responsibility.
3. If the customer wishes to cancel Kship shared Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
4. Services provided by 3rd parties and Kship partners are not part of the 30-day refund policy and no early ending credit applies. Billing will stop at the end of term during which the service is canceled.
5. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until via the Kship client portal. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
6. “30-Day Money-Back Guarantee(if advertised)” offer only applicable to credit card/Pay Pal payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
7. Violations of Kship Terms of Service, Acceptable Use Policy, or Spam Policy may, at Kship discretion, result in immediate and permanent disablement without refund.
8. Disputed charges (“chargebacks”) associated with any Kship account may, at Kship discretion, result in immediate and permanent disablement.

Taxes

1. Kship shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by Customer or Kship server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

1. Customer will provide Kship with material and data on a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Kship. Kship shall make no effort to validate this information for content, correctness or usability.
2. Use of Kship service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Web space by the Customer.
3. The following examples are offered:
   1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, Ftp’ing Web space contents, Graphics, text, Sound, image mapping, etc.
   2. CGI-Scripts requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
4. The Customer agrees that he or she has the necessary knowledge to create Customer’s Web space. Customer agrees that it is not the responsibility of Kship to provide this knowledge or Customer Support outside of the defined service of Kship.
5. Kship will exercise no control whatsoever over the content of the information passing through the network, if it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
6. Kship reserves the right to police its network to verify compliance with all agreed upon Terms.
7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
8. Kship reserves the right to disconnect any website or server deemed to present a security threat to Kship customers, servers, or network.
9. The opening of multiple accounts or service plans to bypass any restrictions or overage charges set forth by Kship is grounds for the termination of all services.
10. Kship makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Kship also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Kship is at the Customer’s own risk, and Kship specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.
11. Kship specifically denies any responsibilities for any damages arising as a consequence of such unavailability. If this material is not “Server-ready”, Kship may, at its option and at any time, reject this material, including but not limited to after it has been put on Kship Server. Kship agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Kship. If the Customer fails to modify the material, as directed by Kship, within a reasonable period, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
12. All domain names registered through Kship that are ‘parked’ or are otherwise not immediately associated with a Kship hosting plan may be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via Kship.com. The Coming Soon web page may be modified at any time by Kship without prior notice and may include such things as, without limitation, links to additional products and services offered by Kship.

Trademarks & Copyrights

1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

Hardware, Equipment, & Software

1. The customer is responsible for and must provide all telephone, computers, hardware and software equipment and services necessary to access Kship.
2. Kship makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Kship service.

 Uptime

1. Customer is not entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable because of failure(s) in coding or configuration errors on the part of the Customer.

Kship Dedicated Server

1. Bandwidth pricing and measurement frequency is subject to change at Kship discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Kship.
2. Kship is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Kship, or Kship upstream providers.
3. Customers agree that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Kship mid-way through the term.
4. Kship reserves the right to alter the dedicated server packages advertised on its website at its discretion. Kship is not required to upgrade Customers’ hardware or bandwidth allocation because of a pricing or service package change. Customers will not be required to upgrade hardware because of a pricing change.
5. Kship is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without a refund. Kship reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Kship’s network.

Age

1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

Termination

1. This contract may be terminated by either party, without cause, by giving the other party a 14-day written notice. Kship will accept termination by electronic mail. Notwithstanding the above, Kship may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Kship reserves the right to charge a reinstatement fee.

Limited Liability

1. Customer expressly agrees that use of Kship Server is at Customer’s sole risk. Neither Kship, its employees, affiliates, agents, third party information providers, merchant’s licensers or the like, warrant that Kship Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Kship Server service, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall Kship, its offices, agents or anyone else involved in creating, producing or distributing Kship Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Kship Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Kship records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Kship Server service.
3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Promotional Codes

1. By using a promotional (“promo”) code you waive the option to indicate who referred you to Kship.
2. You may not change/submit a promo code or referrer after you’ve finished signing up.
3. Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with Kship.

Indemnification

1. Customer agrees that it shall defend, indemnify, save and hold Kship harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Kship, its agents, its customers, servant’s officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Kship against Liabilities arising out of
   1. any injury to a person or property caused by any products sold or otherwise distributed in connection with Kship Server.
   2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party.
   3. copyright infringement.
   4. any defective product which Customer sold on Kship Server.

 

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other Kship policy documents including, but not limited to:

1. Acceptable Use Policy
2. Anti-Spam Policy

Customer also agrees to abide by all applicable Terms set forth by all Kship partners and subsidiaries.

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of Kship.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed on by the both parties upon renewal of services.