TERMS & CONDITIONS
This Agreement ("Agreement") is between KIS-WEB,
and the customers of our services.
For good and valuable consideration,
the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement,
KIS-WEB will provide to Customer the Web hosting
and/or related services described in the plan selected
by Customer from KIS-WEB then published list of
services offered from time to time ("Services").
The specific plan of Services to be provided initially
to Customer shall be as selected in the Order and
thereafter as established through correspondence
between Customer and KIS-WEB.
2. TERM
The “Initial Term” shall begin upon commencement of Service
to Customer, provided, however, no Service shall commence
unless and until KIS-WEB receives and accepts a completed
instructions from Customer.
Payment in full for the set up fee (or deposit) of the
Services to be
rendered prior to the Initial Term.
KIS-WEB reserves the right to reject any submitted
Order/Instruction for any or no reason prior to acceptance
thereof by KIS-WEB.
After the Initial Term, unless otherwise agreed to by
the parties, this Agreement shall automatically renew
for successive terms of equal length as the Initial Term
unless terminated or cancelled by either party only as
provided in Paragraph 9 below.
The Initial Term plus all successive renewal periods
during which Service is provided shall be collectively
referred to as the "Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer
shall be in accordance with KIS-WEB pricelist then
in effect, the terms of which are incorporated herein
by reference. A price list setting forth KIS-WEB current
rates for Services is available on the web site. KIS-WEB
may, with 30 days notice to Customer, amend the Services
and/or the rates and fees it charges for the Services.
From time to time KIS-WEB may make Special Offers
to individual customers that vary from the published
KIS-WEB price list, in such a case the Special Offer quotation
will override the KIS-WEB published price list.
Fees for renewal periods after the Initial Term shall be
due and owing immediately upon the first day of such
renewal period. Fees will normally be
collected monthly
via the banking system (Standing Order) unless otherwise
agreed by KIS-WEB in writing. Invoices will be issued on request
in arrears of the payment (subject to KIS-WEB Bank statement
verification, this can take up
to six weeks).
Any additional Services
rendered or provided by KIS-WEB to Customer
for the preceding month of the Term, and any other charges
or fees then due hereunder will be invoice separately.
Payment in full of such invoiced amount is due upon receipt of the invoice.
Should payment in full of any
invoice not be received by KIS-WEB
within thirty (30) days after date of invoice, KIS-WEB
may impose a debt service charge equal to one and one-half
percent (1.5%) of the overdue balance (or other amount
as may be prescribed by law) for each month or fraction
thereof the overdue amount remains unpaid. In addition,
in the event that any amount due KIS-WEB remains unpaid
thirty (30) days after presentation of an invoice to Customer,
KIS-WEB, in its sole
discretion, may immediately
terminate this Agreement and/or withhold or suspend
services.
All taxes, fees and
governmental charges relating
to the Services provided hereunder (other than income taxes
of KIS-WEB) shall be paid by Customer.
No refunds will be given if Customer applies for a .ltd.uk
or .plc.uk domain without giving the correct Company
Registration number.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
KIS-WEB will exercise no control whatsoever over, nor have
any responsibility or liability whatsoever for, the content
of the information passing through its network. KIS-WEB
shall make no effort to validate any information passing
through its network for content, correctness, usability
or for any other reason.
5. NO WARRANTY
Customer agrees to use all KIS-WEB' Services and facilities,
and any information obtained through or from KIS-WEB, at
Customer's own risk. Customer acknowledges and understands
that neither KIS-WEB, nor any of its employees,
representatives, agents or the like, warrant that the
Services offered or provided hereunder will not be interrupted
or be error free, nor do they make any warranty or representation
as to the results that may be obtained from the use of the
Service or as to the accuracy, reliability or content of
any information service or merchandise contained in or
provided through the Service, unless otherwise expressly
stated in this Agreement. KIS-WEB specifically disclaims
all warranties of any kind, including, without limitation,
the warranty of merchantability and fitness for a particular
purpose, whether expressed or implied, for the Service it
is offering or providing hereunder.
6. PROHIBITED USES
Customer shall not use, nor permit the use by any person of,
Customer's Web space or any part thereof, including any links
to other Web space, in violation of KIS-WEB' "Usage Policy"
provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall KIS-WEB,
its officers, agents or anyone else involved in creating,
producing or distributing the Service hereunder be liable to
Customer or any third party, for any claims, causes of action
or direct, indirect, incidental, special, or consequential,
trebled, or punitive damages, that result or have alleged to
have resulted from the use of or inability to use the Service;
or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, defects, delays in
operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure,
theft, destruction or unauthorized access to KIS-WEB' records,
programs or services. KIS-WEB further shall have no
responsibility whatsoever to Customer or any third party for
the accuracy or quality of information obtained through or
in connection with its Services provided hereunder.
Notwithstanding the above, Customer's exclusive remedies
for all damages, losses, costs or causes of actions from
any and all claims, whether in contract, quasi-contract,
including negligence, or otherwise, shall
not exceed the aggregate amount which Customer paid during
the three (3) months immediately preceding the claim or
the term of this Agreement, whichever is less.
8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold KIS-WEB
harmless from any and all damages, demands, liabilities,
losses, costs and claims, including, without limitation,
reasonable attorneys' fees, compensatory damages, punitive
damages, trebled damages, and statutory damages (hereinafter
"Liabilities") asserted against KIS-WEB, its agents,
its customers, servants, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed by Customer, its agents, employees
or assigns or any product distributed, offered or sold by
Customer, its agents, employees or assigns.
9. TERMINATION
This Agreement may be terminated: (i) by either party,
without cause, by giving the other party 30 days prior
written notice; (ii) by KIS-WEB, at any time, upon
20 days' prior notice if in the sole judgment of KIS-WEB,
Customer breaches any material provision of this Agreement
and has not cured same by the end of the 20 days; (iii)
by KIS-WEB in the event of non-payment by Customer as
provided in Paragraph 3 above; and (iv) by KIS-WEB, at
any time, without notice, if, in KIS-WEB' sole judgment,
Customer is in violation of any terms or conditions of
KIS-WEB' Usage Policy.
If domain name is transferred or cancelled, a fee of twenty nine pounds
Sterling will be charged.
The transfer or change of handle/tags will not take place
until payment has been received in full.
Transfers and Termination of domain names are subject to the
Terms and Conditions of the Internet Governing and
Registration
Authorities, for details of these Terms and Conditions
please
refer to the name registration
authority for your domain name.
In many cases the domain Registration Authorities will not permit
the transfer of domain names for up to 90 days after
original registration,
up to 90 days before renewal and up to 90 days after
renewal, during these
periods fees will still be payable by the customer to
KIS-WEB.
Any web site content created by KIS-WEB (the web site code)
remains
the property of KIS-WEB and my not be used or modified by
the client
or any other party for any purpose without the express
agreement of KIS-WEB.
The client may purchase web site code from KIS-WEB subject
to quotation
(prices from two hundred pounds Sterling).
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and
reviewed a copy of KIS-WEB' "Usage Policy" provided
herewith and that the terms of the Usage Policy are
incorporated herein by reference. KIS-WEB reserves
the right to amend this Service Agreement and the Usage
Policy from time to time and Customer shall be bound by
any such amendments. Customer shall have the obligation to
periodically visit KIS-WEB' Web site to review its Usage
Policy and to make certain Customer is in full compliance
therewith. In the event of any inconsistencies
between this Agreement and the Usage Policy, the terms
of the Usage Policy shall govern.
11. NOTICE
All notices must be sent either in writing or by email,
except as otherwise expressly provided herein that a
notice must be in writing. All notices to KIS-WEB
shall be delivered to its address stated above or its
email address as provided. All notices to the Customer
shall be delivered to its mailing address or its email
address as provided on the Order. The parties may change
their respective address by notice delivered to the other
party. All notices delivered in writing must be sent
either by overnight courier or certified mail, return
receipt requested. Evidence of successful transmission
of all notices delivered by email must be retained by
the delivering party.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between
KIS-WEB and Customer with respect to the subject
matter hereof and supersedes all previous representations,
understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of
any other prior writing between the parties. If any
provision of this Agreement is held to be invalid by a
court of competent jurisdiction, then the remaining
provisions shall nevertheless continue in full force
and effect. Customer may not transfer or assign this
Agreement without KIS-WEB' prior written consent.
This Agreement shall be governed by the laws of England & Wales
and all claims concerning this Agreement shall be
brought exclusively in English courts located in Derby.
The parties hereby consent to submit to the jurisdiction
of such courts and waive any personal jurisdiction or
venue defences concerning said forum.
The Customer is deemed to have agreed to this Agreement,
when commencing use of any of KIS-WEB's services.
USAGE POLICY
The KIS-WEB Usage Policy has been developed
with the following objectives:
Ensure security, reliability and privacy of
KIS-WEB' systems and network, and the
networks and systems of others. Maintain the
image and reputation of KIS-WEB as a
responsible provider. Preserve the value of
Internet resources as a conduit for free
expression. Encourage the responsible use
of net resources and discourage practices
which degrade the usability of network
resources and thus the value of Internet
services. Avoid situations that may cause
KIS-WEB to incur civil liability. Preserve
the privacy and security of individual users
We expect our Customers to use the Internet
with courtesy and responsibility and to be
familiar with and to practice good Internet
etiquette. By adhering to the following
policies, our Customers are protecting the
rights and privileges of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES
IS STRICTLY PROHIBITED AND WILL RESULT IN
IMMEDIATE TERMINATION OF ALL ACCOUNTS.
General Conduct
1. Customers are prohibited from transmitting
on or through any of KIS-WEB' services, any
material that is, in KIS-WEB' sole discretion,
unlawful, threatening, abusive, libellous, or
encourages conduct that would constitute a
criminal offence, give rise to civil liability,
or otherwise violate any local, state, national
or international law, statute or regulation.
2. KIS-WEB' services may only be used for
lawful purposes. Transmission, distribution,
or storage of any information, data or material
in violation of UK regulation or law is prohibited.
This includes, but is not limited to, material
protected by copyright, trademark, trade secret,
or any other statute. KIS-WEB reserves the right
to remove such illegal material from its servers.
3. Customers may not engage in tortuous conduct
including, but not limited to, posting of
defamatory, scandalous, or private information
about a person without their consent, intentionally
inflicting emotional distress, or making physical
threats against another person via email, news, or
any other electronic media/service we provide.
4. The Customer is responsible for providing and
maintaining accurate and up-to-date billing
information. Furnishing false data on the signup
form, contract, or online application, including
fraudulent use of credit card numbers, is grounds
for immediate termination, and may subject the
offender to civil or criminal liability.
System and Network Usage
Security
1. Customers may not attempt to circumvent user
authentication or security of any host, network,
or account ("cracking"). This includes, but is
not limited to, accessing data not intended for
the Customer, logging into a server or account
the Customer is not expressly authorized to
access, or probing the security of other networks.
2. Customers may not attempt to interfere with
service to any user, host, or network ("denial
of service attacks"). This includes, but is not
limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts
to "crash" a host.
3. Customers may not use any kind of
program/script/command, or send messages of
any kind, designed to interfere with a user's
terminal session, via any means, locally or by
the Internet.
4. Customers must safeguard their account
passwords to prevent unauthorized access to
their account.
5. Users who violate systems or network security
may incur criminal or civil liability. KIS-WEB
will cooperate fully with investigations of
violations of systems or network security at
other sites, including cooperating with law
enforcement authorities in the investigation of
suspected criminal violations.
6. KIS-WEB Reserve the right to access servers/accounts
within their network if they believe the terms
and conditions of use are not being followed.
Email
1. Harassment, whether through language, frequency,
or size of messages, is prohibited.
2. Customers may not send email to any person
who does not wish to receive it. If a recipient
asks to stop receiving email, the Customer must
not send that person any further email.
3. Customers are explicitly prohibited from sending
unsolicited bulk mail messages ("junk mail" or "spam").
This includes, but is not limited to, bulk-mailing
of commercial advertising, informational announcements,
and political tracts. Such material may only be sent
to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate
chain letters, whether or not the recipient wishes
to receive such mailings.
5. Malicious email, including but not limited to
"mail bombing" (flooding a user or site with very
large or numerous pieces of email) and "trolling"
(posting outrageous messages to generate numerous
responses) is prohibited.
6. Forging of header or any other information
is not permitted.
7. Subscribing someone else to a mail list or
removing someone else from a mail list without
that person's permission is prohibited.
8. KIS-WEB accounts or services may not be used
to collect replies to messages sent from another
Internet Service Provider, where those messages
violate this Usage Policy or the usage policy of
that other provider.
General Uses
1. Customers may not permit the use of mail services,
mail forwarding capabilities, POP accounts, or
auto responders other than for the Customer's own account.
2. Customers may not employ posts or programs that
consume excessive CPU time or storage space. KIS-WEB
reserves the right to kill off CPU intensive process.
Material and Product Requirements
1. Customers must ensure that all material and data
placed on KIS-WEB' equipment is in a condition that
is "server-ready," which is in a form requiring no
additional manipulation on KIS-WEB' part. KIS_WEB shall
make no effort to validate this information for content,
correctness or usability. In the event that the Customer's
material is not "server-ready", we have the option at
any time to reject this material. KIS-WEB will notify
the Customer immediately of its refusal of the material
and afford the Customer the opportunity to amend or
modify the material to satisfy the needs and/or
requirements of KIS-WEB.
2. Use of KIS-WEB'“DIY” 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 the Customer's Web space. Customers must
have the necessary knowledge to create and maintain
a Web space. It is not the responsibility of KIS-WEB
to provide this knowledge or customer support outside
of the service defined in the Service Agreement.
KIS-WEB offers complete web site solutions that require no
customer knowledge
concerning web site design or web site coding, therefore no
web
site design support is required.
Privacy
1. KIS-WEB will not sell or knowingly disclose its
customer lists or customer email or lists server address lists.
We will attempt to protect the privacy of our Customers
and their information that is stored on our network.
KIS-WEB will only access and disclose information as
necessary to comply with applicable laws and government
requests, to operate and maintain our systems and
services, or to protect ourselves or our Customers.
2. KIS-WEB will not monitor or disclose a Customer's
private email messages unless required by court order
or law. We will cooperate with the authorities and will
notify such authorities if it suspects that a Customer
is engaged in illegal activities.
THE USAGE POLICY DEFINES THE ACTIONS WHICH KIS-WEB
CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED.
THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE,
AND ARE PROVIDED SOLELY FOR GUIDANCE TO CUSTOMERS.
If you are unsure whether any contemplated use or activity is
prohibited, please use our online forms and we will
assist you. Please note that the activities set forth above
are also not permitted from other Internet Service Providers
on behalf of, or to advertise, any service hosted by KIS-WEB,
or connected via our network. Furthermore, such services
may not be advertised via deceptive marketing policies.
KIS-WEB must further limit any exceptions made to the
Usage Policy as secondary in regards to server and network
security, performance and integrity. Any user, regardless
of exception status, may have his or her service disabled
if it is interfering with our servers or network.
Specific questions about this policy should be requested in writing
Reports of activity in violation of this policy may be sent via registered post
to our head office.
3. TRADEMARK ABUSE
Before you sign up for any domain name with KIS-WEB
you must explicitly assert that to your knowledge
you are not abusing any trademark or other
statutes. If in doubt seek legal advice.
4. WEB SITE NAME DISPUTE RESOLUTION
KIS-WEB is not part of a dispute between a
trademark owner and a Registrant. We cannot
arbitrate between two disputing parties.