Hosting Terms & Conditions of Service

Knight Tymes Designs, LLC & KTD Hosting

The following terms and conditions (referred collectively herein as “Terms” and “Services and Products”) described on the Hosting Order Form “Service Descriptions” and defined in any of Knight Tymes Designs LLC’s (referred herein as “Company”) the Company’s product support listing, to the customer “Customer” identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement”. By submitting the online order form, Customer hereby agrees to the following:

The term of this agreement, and the provision by the Company of the services hereunder, is on a month-to-month basis and renewable on such month-to-month basis unless canceled earlier by pursuant to the express terms of this agreement. Customer agrees to pay for hosting services in advance of each monthly service term on the billing date determined by the date of submission of this form. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes. All set-up fees and monthly service fees are non-refundable. Customer shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Company according to the terms herein. Non-Payment of services may result in termination of services. Customer must submit service cancellations in writing via fax or mail. Such notifications must be received in the Knight Tymes Designs office at least 10 days before its next monthly billing cycle. Notices can be sent to Fax: Attention Billing 623-433-3610, Mailed: Knight Tymes Designs, LLC Attention Billing 9425 W Camelback Rd #130-272 Glendale AZ 85305.

Company is not responsible for data integrity on equipment reclaimed for non-payment. Arizona residents agree to pay all taxes applicable to your account. Customer agrees to adhere to the Company’s Acceptable Use Policy, as amended from time to time by the Company. Company reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, or Terms of Services, or for any other reason. Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

Indemnification: Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an “Indemnified Party” against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses” to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. Limitation on Company Liability Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement.

COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE. Arbitration: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Notices: Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii)on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

Miscellaneous: Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Customer Acknowledgment: Customer acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Knight Tymes Designs, LLC and that damages resulting from any interruption of service are impossible to ascertain. Therefore, customer agrees that Knight Tymes Designs, LLC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Knight Tymes Designs, LLC. Customer further acknowledges that the Knight Tymes Designs, LLC’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Knight Tymes Designs, LLC be liable for any special or consequential damages, loss or injury.

Support Boundaries: Use of Knight Tymes Designs, LLC services 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 website.The customer is responsible for programming and for uploading the website to our servers. Website development, consulting, programming and debugging are beyond the free hosting support services. However, our web design and programming team will be happy to prepare a quote to fit your specific requirements.

The customer agrees that he or she has the necessary knowledge to maintain their hosting account and email accounts and agrees that it is not the responsibility of Knight Tymes Designs, LLC to provide this knowledge or service. Knight Tymes Designs, LLC provides technical support for services only to its customers. We limit our technical support to our area of expertise. The following is our guideline when providing support:

Knight Tymes Designs, LLC provides support related to your service plan’s features’ physical functioning. Knight Tymes Designs, LLC does not provide technical support for the customers’s customers. The only way to request technical support is to utilize the technical support helpdesk options located at http://knighttymes.com/how-to. Answers to many questions can be found in the knowledgebase section of the support website. We encourage you to check there first. Please investigate these resources before contacting the support team.

Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, customer agrees that Knight Tymes Designs, LLC may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the customer. About Knight Tymes Designs, LLC:

Acceptable Use Policy: Knight Tymes Designs, LLC Acceptable Use Policy described below defines the actions that Knight Tymes Designs, LLC considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP’s) and (ISP’s), their users on behalf of Knight Tymes Designs, LLC to advertise any service hosted by Knight Tymes Designs, LLC or connected via the Knight Tymes Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, knighttymes.com and ktdhosting.com will be referred as Knight Tymes and companies or individual account owners using our services as CUSTOMERS. Prohibited Uses: The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders (“Laws”. For the purposes of this AUP, terms like “unlawful” or “illegal” apply to Laws globally and within the framework of applicable governing bodies. It is Customer’s responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws. Knight Tymes will cooperate with all court orders, subpoenas, and other similar government requests ordering Knight Tymes to disclose information about use of the Service. The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of Knight Tymes: Violates local, state, federal, foreign, or international Law; Could be considered threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group or entity (“Person”) In addition to the other requirements of this AUP, the Service may be used only in a manner that in Knight Tymes’ sole discretion is consistent the purposes of such Service. Customer should contact Knight Tymes if it is unsure of whether any contemplated use or action is permitted.

By way of example, and not limitation, uses described below are expressly prohibited:

General: Deceptive or fraudulent practices. Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, Knight Tymes, or otherwise, in its use or enjoyment of any Knight Tymes Service. System and Network: The deliberate transmission of computer viruses worms, trojan software, or other malicious programs. Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks). Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else’s site or network. Attempting to circumvent host or user authentication or other security measures of any host, network or account. Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one’s system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.

Usenet Newsgroups: Posting the same or similar messages to large numbers of Usenet newsgroup (“Newsgroup spam”). Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from Knight Tymes’ network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by Knight Tymes, or via Knight Tymes’ network. Posting chain letters of any type. Posting encoded binary files to newsgroups not named for that purpose. Cancellation or superseding of posts other than your own. Forging of header information of the poster’s account or service.

Mail: Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship (“E-mail spam”). Knight Tymes reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints. Harassment including, but not limited to, through language, frequency or size of messages. Unauthorized use, or forging, of mail header information. Solicitations of mail for any other E-mail address other than of the poster’s account or service with the intent to harass or to collect replies. Creating or forwarding “chain letters” or other “schemes” of any type. Use of unsolicited E-mail originating from within Knight Tymes’ network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Knight Tymes, or connected via Knight Tymes’ network.

Bulk Email: Users of Knight Tymes Designs Hosting services are not allowed to send bulk email in quantities larger than 50 emails to mailing lists at any given time or more than once per week. Knight Tymes is not a service that provides the ability to safely send bulk email to lists of customers or potential customers. We recommend http://knighttymes.com/icontact for this type of emailing. This is a service that is specifically set up to legally and correctly accomplish bulk email. Anyone caught sending bulk email from an account hosted by Knight Tymes Designs will have their account terminated immediately and will not be allowed back on our service. This is to protect all clients from having the IP address of our service blocked by the internet SPAM detection systems, thus making it so no one can send any email to anyone. Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee’s address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.

Service Resale: Service or any portion of Service will not be resold unless authorized by Knight Tymes in an executed wholesale contract.

Password Protection: Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.

Content Protection: Customer must provide appropriate protection to prevent minors (persons under 21 years of age) from accessing any unsuitable material published via any Service.

Content Ownership: Customer is responsible for all content or information residing on, obtained or transmitted via the Service.

Vulnerable Systems: Knight Tymes reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to Knight Tymes which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. Knight Tymes will use commercial reasonable efforts to ensure that such testing (1)will be non-intrusive in nature, and (2)will not adversely affect Service provided to Customer or compromise the security of Customer’s network. Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system.

Service Provided Equipment: Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service. AUP Enforcement Violation of this AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer.

Knight Tymes reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that Knight Tymes, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to Knight Tymes’ interests or the interests of others. If access is terminated, Knight Tymes, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer’s data stored on Service.

Use Of Services: The hosting charges incurred each billing cycle are for space and available functions on the Knight Tymes Designs server. The charges are not directly related to the use of those available services. Failure on the part of the customer to have an active website or use the provide email services does not constitute not needing to pay for services rendered. The space and available functions are set aside for the customer to use whether they choose to use them or not is up to them.

Late Payment/Non-Payment: Payment for hosting services is due in advance of services being provided. If the automated charge does not go through Knight Tymes will make every effort to contact the customer to correct the issue causing the failed charge. If the account becomes 10 days past due all hosting and email services will be temporarily suspended and a $5 late feel will be applied to the open invoice.

At the 30 days past due mark a second $5 late fee will be applied to the open invoice and again each 30 days thereafter that the invoice remains unpaid.

At the 40 days past due mark the hosting and email services will be terminated and all files removed from the server. And all future billing will be terminated.

After an account has been terminated there will be a $150 fee to have a zip file of the customer’s entire account sent to them via email.

If the customer wishes to reinstate their previous account with Knight Tymes after said account has been terminated there will be a $150 reactivation/set up fee, any and all past due amounts and 3 months of their monthly hosting fees due in advance of the reactivation/set up.

If the account is in Suspension and the customer wishes to login and retrieve site files to move to a different hosting provider all past due invoices must be paid in full (including late fees) and an invoice in the amount of one additional month must also be paid to allow the customer time to retrieve all desired files and settings. At the end of the additional time the account will again be shut down and at that time terminated from the servers.

Knight Tymes reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that Knight Tymes, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to Knight Tymes’ interests or the interests of others. If access is terminated, Knight Tymes, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer’s data stored on Service.

I authorize Knight Tymes Designs, LLC/KTD Hosting to charge me for the total noted on my order form, email agreement or verbal agreement. I further affirm that the contact & billing information provided to Knight Tymes Designs, LLC are true, correct and current. I agree that if this contact or billing information changes, it is my responsibility to notify KTD Hosting of the new information within 30 days. I further declare that I understand I am signing up for a monthly, quarterly or annual hosting service, and that my credit card will be billed on this day each month, quarter or year to pay for this service until such time as written cancellation is provided by me to Knight Tymes Designs, LLC per the information noted in this document. By pressing the ORDER button on the online payment form, or signing the physical paper form, I agree to pay Knight Tymes Designs, LLC, I also agree that I have read and understand the terms contained herein and will abide by them.

1/2015 © 1997-2015 Knight Tymes Designs, LLC

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