Terms of Service

WHEREAS, KnowledgeGuard (KSC) is an information provider connected to the Internet KnowledgeGuard offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize KnowledgeGuard's server for its own purposes

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

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

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

Our terms of service (TOS) are designed to provided to our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of KnowledgeGuard service(s) represents your acceptance and agreement to KnowledgeGuard's (TOS), regardless of whether you have read them or not.

TERMS of SERVICE

  1. Customer agrees to a thirty (90) day contract minimum beginning upon commencement of service.
  2. Customer agrees that all charges and fees associated with an account are their sole responsibility. All payments are due on the first of every billing cycle, A late fee in the amount of $25.00 will be charged for invoices 15 days over due, if the customer fails to pay for 30 days from the invoice due date KnowledgeGuard reserves the right to suspend and/or terminate service(s) at any time without notice, Before KnowledgeGuard will terminate any account for lack of payment, KnowledgeGuard will send no less than 2 payment request emails to the account holder. KnowledgeGuard will treat all files and data of terminated accounts exactly as outlined in the termination section paragraph 2.
    1. You may transfer away from KnowledgeGuard any domain name that you have purchased with KnowledgeGuard to any other web hosting company or domain registrar at any time you desire providing the domain name and Hosting charges are fully paid up to date, has not been refunded, has not been charged back and does not have any active or outstanding invoices due and is not in redemption.
    2. You may transfer away from KnowledgeGuard any files and folders that are hosted with KnowledgeGuard to any other web hosting company at any time you desire providing the domain name and Hosting charges are fully paid up to date, has not been refunded, has not been charged back and does not have any active or outstanding invoices due.
    3. If customer fails to pay for a period of 90 days or more KnowledgeGuard reserves the right at its own decresion to require a security deposit of no less than 6 months of total monthly billing prior to the reactivation of said account(s). If KnowledgeGuard performs of supplies any other form of labor, site editing and/or supplies KnowledgeGuard reserves the right to require a payment in full of complete estimate prior to any work, Any unused monies from a quote payment will be credited to your account(s).
  3. For your convenience your KnowledgeGuard account will auto rebill on a monthly, Quarterly, annually or tri-annual basis, (depending on which billing package you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 2 calendar days (48 hours) before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, will result in your account being rebilled and you agree to hold harmless and indemnify KnowledgeGuard from any and all claims of wrongful billing.
  4. If the customer wishes to cancel KnowledgeGuard shared or dedicated Web Hosting services within ninety (90) 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.
  5. Services provided by 3rd parties and KnowledgeGuard partners are not part of the 90-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
  6. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via electronic mail to info@knowledgeguard.com. After the first 90 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.
  7. “90-Day Money-Back Guarantee” offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Dedicated server payments are non-refundable. 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.
  8. Violations of KnowledgeGuard' Terms of Service, Acceptable Use Policy, or Spam Policy may, at KnowledgeGuard' discretion, result in immediate and permanent disablement without refund.
  9. Disputed charges (“chargebacks”) associated with any KnowledgeGuard account may, at KnowledgeGuard' discretion, result in immediate and permanent disablement.
  10. KnowledgeGuard will use commercially reasonable efforts to make KnowledgeGuard Hosting available 99.9% of the time during each monthly billing cycle. If KnowledgeGuard is unable to meet this service level, you will be eligible to receive a credit to apply to future KnowledgeGuard Hosting billing cycles based upon the Unavailability for that month.
    1. For the purposes of this agreement, Unavailability means that either (a) the KnowledgeGuard Hosting service is unresponsive, or (b) KnowledgeGuard Hosting returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
    2. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
    3. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
    4. Service credits must be claimed within 14 days of the Unavailability occurring by submitting an email to info@knowledgeguard.com. Include as much detail as required to document the Unavailability.
  11. KnowledgeGuard shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or KnowledgeGuard' server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
  12. Customer will provide KnowledgeGuard with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of KnowledgeGuard. KnowledgeGuard shall make no effort to validate this information for content, correctness or usability.
  13. Use of KnowledgeGuard' 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' Webspace by the Customer.
  14. The following examples are offered:
    1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
    2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  15. The Customer agrees that he or she has the necessary knowledge to create Customer' Webspace. Customer agrees that it is not the responsibility of KnowledgeGuard to provide this knowledge or Customer Support outside of the defined service of KnowledgeGuard.
  16. KnowledgeGuard will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
  17. KnowledgeGuard reserves the right to police its network to verify compliance with all agreed upon Terms.
  18. 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.
  19. KnowledgeGuard reserves the right to disconnect any website or server deemed to present a security threat to KnowledgeGuard' customers, servers, or network.
  20. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by KnowledgeGuard is grounds for termination of all services.
  21. KnowledgeGuard makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. KnowledgeGuard 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 KnowledgeGuard is at the Customer' own risk, and KnowledgeGuard 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 do not represent guarantees of available end to end bandwidth. KnowledgeGuard expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  22. KnowledgeGuard specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, KnowledgeGuard may, at its option and at any time, reject this material, including but not limited to after it has been put on KnowledgeGuard' Server. KnowledgeGuard 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 KnowledgeGuard. If the Customer fails to modify the material, as directed by KnowledgeGuard, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
  23. Any hands-on labor necessitated by the customer (including, but not limited to, replacing any hosting material for web site operations) shall be performed by KnowledgeGuard and shall incur an additional labor fee of $125 per hour.
  24. 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' account.
  25. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access KnowledgeGuard.
  26. KnowledgeGuard makes no representations, warranties or assurances that the Customer' equipment will be compatible with the KnowledgeGuard service.
  27. Bandwidth pricing and measurement frequency is subject to change at KnowledgeGuard' discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by KnowledgeGuard.
  28. KnowledgeGuard is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, KnowledgeGuard, or KnowledgeGuard' upstream providers.
  29. Customer agrees 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 KnowledgeGuard mid-way through the term.
  30. Hardware upgrades to an existing ‘platform&' (platform defined as a motherboard/chassis combination) will be performed by KnowledgeGuard and shall incur an additional one-time labor fee of $100 as well as an increase to Customer' standard monthly rate.
  31. Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by KnowledgeGuard and shall incur an additional one-time labor fee of $100 for each incident.
  32. KnowledgeGuard reserves the right to alter the dedicated server packages advertised on its website at its discretion. KnowledgeGuard is not required to upgrade Customers&' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
  33. For managed servers, KnowledgeGuard is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). KnowledgeGuard may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
  34. For unmanaged servers not using a “DreamCatcher” monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
    1. the kernel will be patched within 7 days of any announced security hole relating to the kernel
    2. any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
    KnowledgeGuard 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 refund. KnowledgeGuard reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of KnowledgeGuard' network.
  35. 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.

    36. Termination

  36. This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. KnowledgeGuard will accept termination by electronic mail to info@knowledgeguard.com. Notwithstanding the above, KnowledgeGuard 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. KnowledgeGuard reserves the right to charge late fees and reinstatement fees.
  37. For your privacy, all data and files from terminated and canceled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your KnowledgeGuard account.

    38. Indemnification

  38. Customer expressly agrees that use of KnowledgeGuard' Server is at Customer' sole risk. Neither KnowledgeGuard, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that KnowledgeGuard's 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 KnowledgeGuard Server service, unless otherwise expressly stated in this contract.
  39. Under no circumstances, including negligence, shall KnowledgeGuard, its offices, agents or any one else involved in creating, producing or distributing KnowledgeGuard' Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the KnowledgeGuard 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 KnowledgeGuard' records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on KnowledgeGuard' Server service.
  40. Customer agrees that it shall defend, indemnify, save and hold KnowledgeGuard harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney' fees asserted against KnowledgeGuard, its agents, its customers, 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 KnowledgeGuard against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with KnowledgeGuard; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a KnowledgeGuard server.
  41. Notwithstanding the above, Customer' 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.
  42. IF LAWSUIT(S) ARE THREATENED AGAINST KnowledgeGuard. If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney' fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
  43. Governing Law. These Terms shall be governed by the laws of the State of Pennsylvania without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of KnowledgeGuard (Knowledgeguard System Corp.), Subscriber agrees that all disputes, if any, involving KnowledgeGuard (Knowledgeguard System Corp.) shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Pennsylvania; provided, further, that all action brought against KnowledgeGuard (Knowledgeguard System Corp.) in State Court must be brought in Clinton, Pennsylvania and, if in Federal Court, in State of Pennsylvania. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving KnowledgeGuard (Knowledgeguard System Corp.). Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Florida's long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against KnowledgeGuard (Knowledgeguard System Corp.) outside the State of Pennsylvania; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Pennsylvania, shall be deemed to support and to stipulate to a motion made by KnowledgeGuard (Knowledgeguard System Corp.) to dismiss said lawsuit with respect to KnowledgeGuard (Knowledgeguard System Corp.).
  44. Customer agrees that it shall defend, indemnify, save and hold KnowledgeGuard harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys&' fees, (“Liabilities”) asserted against KnowledgeGuard, its agents, its customers, servants 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 KnowledgeGuard against Liabilities arising out of
    1. any injury to person or property caused by any products sold or otherwise distributed in connection with KnowledgeGuard' 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 KnowledgeGuard Server.

    45. Promotions

  45. By using a promotional (“promo”) code you waive the option to indicate who referred you to KnowledgeGuard.
  46. You may not change/submit a promo code or referrer after you&'ve finished signing up.
  47. 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 KnowledgeGuard.

 

Disclaimer

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

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

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.

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

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 to by the both parties upon renewal of services.

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