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Terms of your account and use of KASTEN HOSTINGS internet services:
The following statements are agreements we both enter into upon the customer signing up for, and Kasten Hosting accepting, a new internet services account. These terms are the only, and exclusive terms, of our agreement. No previous express or implied conditions or terms are valid unless it is an express written agreement, known and authenticated by both parties, at the time of signing.
This Web Site Hosting Agreement ('Agreement') is by and between KASTEN HOSTING ('KASTEN HOSTING'), a New Hampshire Company, and Customer, Customers heirs, assigns, agents and contractors ('Customer(s)' 'their' 'they') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Customers use of KASTEN HOSTING Internet services and represents the entire agreement between Customer and KASTEN HOSTING. By using KASTEN HOSTING internet services, Customer acknowledges that they have read, understand and agree to the binding terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which KASTEN HOSTING may establish from time to time.
1. FEES
As consideration for the services purchased by Customer and provided to Customer by KASTEN HOSTING, Customer agrees to pay KASTEN HOSTING a monthly or yearly fee. Customers monthly billing date will be determined by the day of the month Customer establish Customers Internet hosting account. Payment is required on or before that anniversary date. Customer agrees that KASTEN HOSTING may pursue all available remedies in order to obtain payment. Customer shall notify KASTEN HOSTING should Customer desire to terminate their use of KASTEN HOSTING Internet services. Notification to KASTEN HOSTING of Customers intent to terminate must be no earlier than 10 days prior to Customers billing date, and no later than three days prior to Customers billing date. In the absence of notification from Customer, KASTEN HOSTING will automatically continue Internet services indefinitely and will charge the credit card Customer have on file with KASTEN HOSTING, at KASTEN HOSTINGS then current rates. It is Customers responsibility to keep Customers credit card information current, including the expiration date. In the event Customer terminate, removing Customers web site from KASTEN HOSTINGS servers is Customers responsibility. KASTEN HOSTING will not transfer or FTP Customers web site to another provider or provide copies. This transfer process is the responsibility of Customers webmaster. There are no refunds for partial (no pro rates available) months un-used. Refunds will be completed within 30 days of the end of the last billing period. Customers first payment creates a contractual commitment to retain services and acceptance of terms and conditions stated in this agreement.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as KASTEN HOSTING is providing Internet services to Customer.
Customer agrees that KASTEN HOSTING may modify this Agreement from time to time. KASTEN HOSTING may also discontinue services it provides under this Agreement. Customer is bound by any changes KASTEN HOSTING may reasonably make to this Agreement when such changes become effective, unless such changes would be considered unconscionable by a court.
3. DESCRIPTION OF SERVICE
KASTEN HOSTING currently provides Internet services to its customers for a monthly or yearly fee. KASTEN HOSTING provides internet services for Customer on KASTEN HOSTING servers, provided, however, Customer abides by the terms and conditions set forth herein and in each of KASTEN HOSTING policies and procedures.
On occasion, KASTEN HOSTING may have to bring the system down for maintenance, security, upgrades, or backups. This is typically performed during off peak hours. Kasten Hosting will not be responisible for loss of use during these critical times.
Customers are responsible for ensuring that their web site conforms to all local, state, federal, and international laws. Further, Customer is responsible for ensuring they have legal copyright to any images, text, or other web site elements not provided by KASTEN HOSTING. Customer is responsible for backing up their own website. KASTEN HOSTING is not responsible for loss of information or data contained in Customers website do to equipment failure or any other seen or unforeseen failures. If Customers web site includes any illegal, copyrighted, anti-Semitic, slanderous, defaming, or socially irresponsible content, KASTEN HOSTING will suspend customers web site until the content is removed. If Customer refuses to remove the content, the customers account and use of KASTEN HOSTINGS services will be immediately terminated.
KASTEN HOSTING WILL NOT and DOES NOT release any customer data to third parties for ANY reason. Be aware, however, that we may be required BY LAW, upon a proper showing, to release your registration information upon proof of an illegality that has caused injury to a third party.
4. CUSTOMERS OBLIGATIONS
Customer agree that they have provided accurate, current and complete information in the application process and that Customer will notify KASTEN HOSTING within five (5) business days when any of the information Customer provided as part of the application and/or registration process changes. Failure by Customer, for whatever reason, to respond within five (5) business days to any inquiries made by KASTEN HOSTING to determine the validity of information provided by Customer, will constitute a material breach of this Agreement.If Customer provide any information that is inaccurate, not current, false, misleading or incomplete, or if KASTEN HOSTING has reasonable grounds to suspect that Customers information is inaccurate, not current, false, misleading or incomplete, KASTEN HOSTING has the absolute right, in its sole discretion, to terminate customers Internet services and close Customers account.
Customer warrants that each application Customer makes is being done so in good faith and that Customer has no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. Customer also warrants that the web site being hosted by KASTEN HOSTING will not be used in connection with any illegal activity.
5. KASTEN HOSTING RIGHTS
KASTEN HOSTING explicitly reserves the right in its sole discretion to:
- a. Censor any web site hosted on its Internet servers that, in KASTEN HOSTINGS sole discretion, is deemed inappropriate;
- b. Review every Internet account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
- c. Modify its pricing through email notification;
- d. Terminate Customers Internet service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Internet fees; and other activities whether lawful or unlawful that KASTEN HOSTING determines to be harmful to its other customers, operations, or reputation;
- e. Terminate Customers Internet service if the contents of Customers web site result in, or are the subject of, legal action or threatened legal action, against KASTEN HOSTING or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Customer agree to indemnify and hold harmless KASTEN HOSTING for any complications arising out of Customers use of KASTEN HOSTING Internet services, including actions KASTEN HOSTING chooses to take to remedy Customers improper or illegal use of a web site hosted by KASTEN HOSTING . Customer agree Customer will not be entitled to a refund of any fees paid to KASTEN HOSTING if, for any reason, KASTEN HOSTING takes corrective action with respect to Customers improper or illegal use of its Internet services.
6. DISPUTE RESOLUTION POLICY
Customer agree to be bound by KASTEN HOSTINGS Dispute Resolution Policy.Customer agrees that if a dispute arises as a result of one or more Internet services KASTEN HOSTING is providing for Customer, Customer will indemnify, defend and hold KASTEN HOSTING harmless for damages arising out of such dispute. Customer also agrees that if KASTEN HOSTING is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding internet services provided by KASTEN HOSTING, that KASTEN HOSTING , in its sole discretion, may take whatever action KASTEN HOSTING deems necessary. Including, but not limited to, modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time the dispute is settled
7. LIMITATION OF LIABILITY
Customer agrees that KASTEN HOSTINGS entire liability to Customer under this Agreement, and Customers only remedy, in connection with any service provided by KASTEN HOSTING to Customer under this Agreement, and for any breach of this Agreement by KASTEN HOSTING, shall be limited to the fees Customer paid to KASTEN HOSTING for Customers Internet services.
8. INDEMNITY
Customer agrees to release, defend, indemnify and hold harmless KASTEN HOSTING and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Customers account with KASTEN HOSTING and/or Customers use of the Internet services provided by KASTEN HOSTING.
9. DISCLAIMER OF WARRANTIES.
KASTEN HOSTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. SEVERABILITY
Customer agrees that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement shall be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
11. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF NEW HAMPSHIRE. THE LAWS AND JUDICIAL DECISIONS OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. CUSTOMER AGREES THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE, USA.
CUSTOMER AGREES TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
12. NOTICES
Customer agrees that all notices (except for notices concerning breach of this Agreement) from KASTEN HOSTING to Customer, may be posted on our web site. Notices concerning breach will be sent either to the email or postal address Customer has on file with KASTEN HOSTING. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from Customer to KASTEN HOSTING shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
KASTEN HOSTING
184 Francestown Rd.
Bennington, NH 03442
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