Terms of Service

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Where the content states: "We" includes KOMING or any party acting on KOMING's implicit
instructions. "You" includes the person purchasing the services or any party acting on the customer's
instructions. "Member" includes the purchaser of services or any party acting on the purchaser's
instructions. "The Registrant" includes the person applying for a domain name or any party acting on
the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server"
means the computer server equipment in connection with the provision of the Services. "Web Site"
means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS"
includes this agreement. KOMING reserves the right to modify this policy at any time, effective
immediately upon posting of the modification to this URL: http://www.koming.com/legal/tos.html. In
consideration of the mutual covenants herein, the parties agree to the following, which shall apply
during the term of this agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being
registered by or for you or that it will be registered in your name. You should therefore not assume
registration of your requested domain name(s) until you have been notified that it has or they have
been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use
applied by the relevant naming authority; you shall ensure that you are aware of those terms and
conditions and that you comply with them. You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any administration charge paid by you to us shall be
non‐refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between
you and any other person must be resolved between the parties concerned in such dispute. If any
such dispute arises, we shall be entitled, at our discretion and without giving any reason, to
withhold, suspend or cancel the domain name. We shall also be entitled to make representations to
the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has
been received by us.
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2. Web Site Hosting And Email
2.1 We make no representation and give no warranty as to the accuracy or quality of information
received by any person via the Server and we shall have no liability for any loss or damage to any
data stored on the Server.
2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to
data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only
for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which
infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene,
pornographic, blasphemous, profane or otherwise objectionable as determined by KOMING in any
way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offence, or which
infringes any patent, trade mark, design right, copyright or any other intellectual property right or
similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email, whether opt‐in or otherwise, from our network. Nor will you
promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources including, but not
limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource
intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you
agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be
immediate and non‐disputable.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site
without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5 You shall keep secure any identification, password and other confidential information relating to
your account and shall notify us immediately of any known or suspected unauthorized use of your
account or breach of security, including loss, theft, or unauthorized disclosure of your password or
other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no
use of the Server which is detrimental to our other customers.
2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded
to paying Members.
2.7.1 Members utilizing free hosting shall display a banner as supplied by KOMING.
2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data
protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and
informational announcements, is expressly prohibited. A Member shall not use another site's mail
server to relay mail without the express permission of the site.
2.8.2 It is contrary to KOMING policy for Members to use our servers to effect or participate in any
of the following activities:
To post to any Usenet or other newsgroup, forum, e‐mail mailing list or other similar group or list
articles which are off‐topic according to the charter or other owner‐published FAQ or description of
the group or list.
To send mass e‐mailings; whether unsolicited, opt‐in, or otherwise.
To engage in any of the foregoing activities using the service of another provider, but channeling
such activities through a KOMING provided server, or using a KOMING provided server as a mail
drop for responses.
To falsify user information provided to KOMING or to other users of the service in connection with
use of a KOMING service.
2.8.2(a) Consequences of Violation:
When KOMING becomes aware of an alleged violation of its Acceptable Use Policy, KOMING will
initiate an investigation. During the investigation KOMING may restrict Member's access in order to
prevent further possible unauthorized activity. Depending on the severity of the violation, KOMING
may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other
civil remedies. If such violation is a criminal offense, KOMING will notify the appropriate law
enforcement department of such violation.
2.8.2(b) You shall be held liable for any and all costs incurred by KOMING as a result of your violation
of these terms and conditions. This is including, but is not limited to, attorney fees and costs
resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial
mailings and/or unauthorized bulk mailings and/or news server violations. KOMING’s current hourly
rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one
(1) hour charge, plus US $1 for each bulk‐email or Usenet message sent, plus US $1 per complaint
received. Server maintenance fees of $85 per hour.
2.8.3 KOMING does not issue service credits for any outages incurred through service disablement
resulting from Policy violations.
2.9 Any access to other networks connected to KOMING must comply with the rules appropriate for
those other networks
2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server,
we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be
under no liability for non‐receipt or misrouting of email or for any other failure of email.
2.11 You may cancel the Services at any time by logging into the Ticket Desk Support System (for
verification) and requesting cancellation of services.
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3. Service Availability
3.1 We shall use our reasonable endeavors to make available to you at all times the Server and the
Services but we shall not, in any event, be liable for interruptions of Service or down‐time of the
Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without
notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of
the reason. As a reseller or sub‐client, it is your responsibility to take care of backup for sites that
may be yours or ones under you. We also reserve the right to disallow services/hosting to any client
as we feel necessary and hold no liability. Also please note that we do not offer any sort of
compensation on our network uptime guarantee.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used
by anyone other than you. No more than one log‐in session under any one account may be used at
any time by you. If you have multiple accounts, you are limited to one login session per system
account at any time; user programs may be run only during log‐in sessions. If your account is found
to have been transferred to another party, or shows other activity in breach of this sub clause, we
shall have the right to cancel the account and terminate the Services and/or this Agreement
immediately.
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4. Payment
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and
rates published from time to time by us on our web site and shall be due and payable in advance of
our service provision. We reserve the right to change pricing at any time although all pricing is
guaranteed for the period of pre payment.
4.2 Payment is due each anniversary month, quarter or year following the date the Services were
established until closure notice is given. If you choose to pay by credit or debit card you authorize
KOMING to debit your account renewal fees from your card.
4.3 All payments must be in US Dollars.
4.4 If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned
check" charge of $45.
4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is
not paid on or before the due date, we shall be entitled forthwith to suspend the provision of
Services to you.
5. Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or
terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate
this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an
administrator or administrative receiver or enter into a voluntary arrangement with your creditors,
we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without
notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In
the event of this You will a be entitled pro rata refund based upon the remaining period of
membership.
5.6 You may cancel the Services at any time by logging into the Ticket Desk Support System (for
verification) and requesting cancellation of services.
5.7 During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of
domain name registration, dedicated server, data transfer fees, and excessive support requests
should you decide to cancel the Services for just cause. KOMING shall be the sole arbitrator as to the
validity of your claim of just cause. And will subtract the aforementioned fees from any monies due
you.
5.7.1 During the first fourteen days of service you are entitled to a full, no questions asked refund
excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in section 2
above. For the remaining time your refund will be prorated and factored at the full discretion of
KOMING.
5.7.2 Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been
deemed excessive at the discretion of KOMING. Such accounts are often more resource intensive
than standard shared hosting accounts and, therefore, do not qualify under our standard 30 day
guarantee details.
5.7.3 You will not be entitled to a refund on these basis if you have previously had an account with
KOMING under any plan or service.
5.7.4 Allow 30 (thirty) days for refund payments to process. If you have not received refund within
this time allotment; please contact us.
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the
same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately
to block your Web Site and to remove all data located on it.
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6. Indemnity
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any
breach by you of these terms of business and any claim brought against us by a third party resulting
from the provision of Services by us to you and your use of the Services and the Server including,
without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered or incurred by us in
consequences of your breach or non‐observance of this Agreement.
7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this
Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub
clause.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury
resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising
out of or in connection with the provision of the Services shall be limited to the charges paid by you
in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of
it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated
savings or for any other indirect or consequential or economic loss whatsoever.
7.6 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily
done from your Control Panel. If you go over the amount indicated in your current plan; you will
assessed a surcharge as set forth in our pricing structure.
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8. Notices
8.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded
delivery to the address of the other party as appearing in this Agreement or ancillary application
forms or such other address as such party may from time to time have communicated to the other in
writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day
it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served two days following the date of
posting.
9. Support
9.1 On our site you will find links to all the information to get your web site up and running. All
information pertaining to your account should have been included in the Welcome Letter you
received when we created your account. If you did not receive a welcome letter email, please
contact our Support Team. There are several reasons an email may not reach you; first and foremost
is if the domain you have contracted services for is the same domain your welcome email was sent
to.
9.2 The support feature of our service at present time consists of our Support System solving server
related problems only.
9.2.1 If you require support for your scripting, there are several online tutorials available we can help
you find. You may purchase our technicians' services at the rate of $80 per hour, with one half hour
minimum billed. We reserve the right to wave this fee at any time.
9.3 Support can only be addressed in English through our Support System.
9.4 All Support requests are to be processed through our Support System. Any other request for
support, except as noted in Section 9.5, will be considered a breach of our TOS.
9.5 In the event of a server outage or other such emergency, you are free to contact us in any
manner.
10. Law
10.1 This Agreement shall be governed by and construed in accordance with United States law and
the laws governing the state of Michigan. You hereby submit to the non‐exclusive jurisdiction of the
U.S. courts.
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11. Headings
11.1 Headings are included in this Agreement for convenience only and shall not affect the
construction or interpretation of this Agreement.
12. Torturous Conduct
12.1 No one shall post defamatory, scandalous, or private information about a person without their
consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other
intellectual property rights.
12.2 Any abuse towards any KOMING employee will not be tolerated. You are expected to request
and respond to support and other issues in a professional manner. When emailing KOMING or
utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other
forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at
KOMING or it's employees shall be considered a violation of this TOS.
12.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards
KOMING or any of it's employees, partners, equipment, and concerns shall be construed as a
violation of this TOS.
12.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. KOMING
will be the sole arbitrator in regards to what is deemed a violation.
12.5 No refunds shall be given when the contents of this section necessitates removal of the
account.
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13. Cancellation of Services
13.1 You may cancel the Services at any time by logging into the Ticket Desk Support System (for
verification) and requesting cancellation of services.
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14. Entire Agreement
14.1 These terms and conditions together with any documents expressly referred to in them,
contain the entire Agreement between us relating to the subject matter covered and supersede any
previous Agreements, arrangements, undertakings or proposals, written or oral: between us in
relation to such matters. No oral explanation or oral information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to these terms and conditions, you have
not relied on any representation other than those expressly stated in these terms and conditions
and you agree that you shall have no remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.
14.2 KOMING reserves the right to amend these TOS at any time.
14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
15. Freedom to use these Terms
15 You (anyone viewing this page) are free to use these terms as a template for writing your own.
Please have it reviewed by a local attorney to make certain it conforms with your applicable laws.
You will also wish to confirm that the terms you create using this form as a template conform to
your upstream provider.
15.1 KOMING releases rights to this document text to the reader, free of encumbrance. Except as
noted in this section (15.3).
15.2 In no form can you hold KOMING responsible for any and all actions arising out of your use of
these terms as your own.
15.3 If you choose to use these terms as your own, this section (15) must remain intact of content;
save for our name. You agree to let others use these terms as a guide.
15.4 Our release of this text material in no way assigns rights of any images viewed herein.