HostKnox.com Terms of Service

Terms of Service

As a condition to use the services available via HostKnox.com, you (referred to in this document as "Customer"), hereby accept and agree to be legally bound by these Terms of Service ("Terms" or "TOS"). These Terms are effective immediately between the Customer and HostKnox.com, its subsidiaries and affiliates. Each Customer is subject to these Terms, and by using HostKnox.com's services, the Customer agrees to be legally bound by and subject to all terms and regulations contained in this document.

These Terms are not exhaustive and HostKnox.com reserves the right, in its sole discretion, to modify them at any time with or without prior notice.

In addition to the HostKnox.com Terms of Service, if Customer registers a domain name through HostKnox.com, he/she accepts and agrees to be legally bound by the terms and conditions of the domain registrar(s) HostKnox.com uses to fulfill domain registrations. The registrar(s) terms and conditions are available at:

ICANN Registrant Rights and Responsibilities:
http://www.icann.org/en/resources/registrars/registrant-rights/benefits

ICANN Registrant Education:
http://www.icann.org/en/resources/registrars/registrant-rights/educational

ICANN Dispute Resolution Policy:
http://www.icann.org/dndr/udrp/policy.htm

OpenSRS/TuCows Domain Registration Agreement:
http://opensrs.com/docs/contracts/exhibita.htm

I. Payments - initial orders and renewals

1. Initial fees and billing information

Customer agrees to pay all applicable fees for services which the Customer has signed up for. Customer agrees to update and keep current all billing, email and all other contact information. It is the Customer's sole responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.

2. Service expiration and renewals

HostKnox.com offers both recurring and non-recurring billing cycles. If Customer has opted for a recurring billing plan, all services included in that plan will be renewed automatically by charging Customer's credit card either on the expiration date or a few days before it. It is Customer's sole responsibility to keep the credit card information up to date so that the card can be charged on the due date.

If the Customer has opted for a non-recurring billing plan, service renewals depend solely on the Customer.

HostKnox.com will not be held responsible if a service is terminated due to failure of Customer to renew it manually or provide valid credit card details so that it can be renewed automatically.

Regardless of the billing plan, HostKnox.com will notify the Customer by email for any expiring services, allowing enough time for the Customer to either renew the service or cancel it.

2.1. Domain expiration and renewals

The registrar sends email notifications about upcoming domain expiration. The registrar sends 3 separate notices - 30 days before the expiration, 5 days before the expiration and 3 days after the expiration.

If a domain name is not renewed by its expiration date, it ceases to operate, although it is not immediately deleted. From this point on, it is considered to be "expired". Three days after the expiration date, the domain's NS records are pointed to the registrar's nameservers.

For the first 40 days after the expiration date the domain is put in a Grace Period. During this 40-day Grace Period the domain can be renewed at no additional cost.

After the 40-day Grace Period, if the domain name has not been renewed, and if the registrar allows, the domain enters a 30-day Redemption Period. During this period the domain can be renewed, but at an increased cost.

III. Service cancellation and refund policy

Cancellations and Refunds. HostKnox.com provides a 50-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:

Nonrefundable Fees: Fees paid by the Customer for the purchase of SSL certificates, domain privacy, and domain names are nonrefundable.

Cancellations Before 50 Days: In the event Customer cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 50 calendar days, Customer will receive a refund of all fees paid, with the exception of any Nonrefundable Fees.

Free Domain Names: If the Customer registers any domain name as part of a "Free Domain Name" promotion, upon cancellation the domain name fee will be withheld. The Customer will retain full ownership and control of the domain name.

Cancellations After 50 Days: The Customer may cancel any of the Services at any time, before or after automatic renewal. All services paid are nonrefundable after 50 calendar days.

Cancellations: The Customer must direct all cancellation requests to HostKnox.com via the Client Area.

Chargebacks and Reversals. In the event Customer issues a chargeback or reversal of charges without first following the above cancellation procedures, the Customer will be responsible for a $50.00 billing service fee.

IV. Customer restrictions

1. Server Resources

Any hosting account that uses a large amount of server resources (such as, but not limited to, CPU, memory and network resources) will be given the option to either pay additional fees (which will depend on the amount of resources required) or reduce the resources used to an acceptable level. HostKnox.com will be the sole arbiter of what is considered to be a high server usage level. Any hosting account deemed to be adversely affecting shared server performance or network integrity may be shut down or limited without prior notice.

2. Unsolicited email

Sending unsolicited bulk emails over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, sending to any mailing list without giving an automated opt out option, sending to a purchased mailing list, and selling or distributing software that facilitates spamming. All Customers are required to follow the rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm). HostKnox.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this term. Any hosting account caught spamming will be shut down without prior notice.

3. Prohibited Software

3.1. IRC

HostKnox.com does not allow IRC (Internet Relay Chat) servers and/or IRC bots to be installed on a shared server.

3.2. Proxies

Hosting proxy scripts on a HostKnox.com shared server is prohibited as it may affect the overall server performance. Any proxy script found on a HostKnox.com shared server will be disabled without prior notice.

3.3. Torrent trackers

The shared hosting account is not intended to be used for any peer-to-peer services as they may affect the server performance. This is why the usage of peer-to-peer software such as torrent trackers is prohibited and if such software is found on a shared server, it will be disabled without prior notice.

3.4. Malicious software

HostKnox.com prohibits the usage and storage of any script that may be used for malicious activities. This includes, but is not limited to, backdoors, viruses, worms, Trojan horses, and any software which may be used to gain control over another hosting account and/or disrupt any of the hosting services. Hosting accounts containing such software will be shut down without prior notice.

4. Prohibited Content

4.1. Violation of Intellectual Property Rights

Any violation of any personal rights, intellectual property rights or other lawful rights a person or an entity has, is prohibited. HostKnox.com is required by law to forbid access to or remove content displayed through its services upon receipt of proper notice of copyright infringement. All such cases will be handled in accordance with the Digital Millennium Copyright Act (DMCA).

4.2. Prohibited offerings

No Customer may use the Services to provide, sell or offer to sell the following: illegal drugs; pirated materials; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to harm any people or animals; pornography, nudity, programs or services, or other content deemed adult related.

V. Customer's responsibilities

5.1. Backups

It is Customer's sole responsibility to back up his/her account data. Although HostKnox.com may back up Customer data, we cannot guarantee the backups will be suitable for the customer. Hence HostKnox.com will not be held responsible for any Customer data loss due to failure on Customer's part to maintain a proper backup.

5.2. Installed software

It is Customer's sole responsibility to maintain and keep up-to-date all applications and software installed either by Customer or by a HostKnox.com representative. HostKnox.com will not be held responsible for any issues caused by outdated and/or vulnerable software.

VI. Ownership disputes

HostKnox.com is not obligated to resolve any disputes between or among two or more persons claiming ownership of a site hosted on its servers.

If such disputes arise, HostKnox.com, in its sole judgement and discretion, will try to resolve them taking the following into consideration:

1. Who is the person listed as owner of the credit card used for purchasing the disputed service. By default, this person will be granted ownership of the disputed service.

2. If the credit card owner cannot be confirmed with certainty, HostKnox.com may notify all persons taking part in the dispute and demand that they resolve the dispute in a manner which makes clear who the owner is and in a manner which relieves HostKnox.com of all liability or obligations concerning the dispute.

3. If the ownership is determined by a court decision, HostKnox.com will honor it, overruling any previous decisions.

VII. Disclaimer & Indemnification

Customer acknowledges that all services and software are provided "as is", without any warranty.

Customer agrees to indemnify, defend and hold harmless, HostKnox.com, its subsidiaries, affiliates and employees from and against all losses, expenses, damages and costs, including attorneys' fees resulting from any violation of these Terms.

VIII. Promotions

HostKnox.com may offer various promotions advertised through the company website and/or other media. Products purchased through such promotions may be subject to additional terms and conditions.