An order for hosting is deemed proof of agreement with the Terms herein.
THIS AGREEMENT is made and entered between Khimaira-GreenEarthHost hereinafter referred to as Khimaira-GreenEarthHost, and the Customer, who wishes to use the services of Khimaira-GreenEarthHost in accordance with Khimaira-GreenEarthHost’s standard application.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION:
As a World Wide Web host provider, Khimaira-GreenEarthHost, or its representatives, will provide server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web.
The application and this Agreement constitute a binding contract between Khimaira-GreenEarthHost and the Customer (or representative of company) and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations within the 30 day money back period will receive 100% of all monies paid. (Please note: if we are registering a new domain for you, monies for domain registration are not refundable.) Cancellations after that time period will receive a prorated refund. See cancellation notes below.
With respect to the service to be provided herein, the Customer acknowledges that Khimaira-GreenEarthHost makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Khimaira-GreenEarthHost shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
The utilization of any data or information received by the Customer from the utilization of the service to be provided by Khimaira-GreenEarthHost is at the Customer’s sole and absolute risk. Khimaira-GreenEarthHost specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME:
If Khimaira-GreenEarthHost shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Khimaira-GreenEarthHost, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Khimaira-GreenEarthHost for any reason. When we register a domain name on behalf of the client, the client will be listed as the owner of the domain name, with our contact email address to facilitate renewals. Our email contact will be listed as administrative, technical and billing contact so that we can handle the automatic renewal of your domain names for you, and may from time to time, decide to move to a different registrar as might be appropriate for our operations. Having our email as contact will facilitate that process. Upon request, we can set up domain with individual access for the owner and with email contact for the owner, however all costs for renewal will be then become the responsibility of the owner in this case.
If the domain owner does not transfer the billing and technical contact responsibilities of the domain to Khimaira-GreenEarthHost, Khimaira-GreenEarthHost will not be responsible for renewing domains of annual hosting customers. In such cases, Domain name renewal will be the responsibility of the domain owner, or Khimaira-GreenEarthHost may renew on behalf of the customer and charge an additional service fee plus the cost of renewal at customer’s existing registrar. Please note that for existing domain names, domain name owners are responsible for responding to our request for transfer to our registrar. Should this request be denied or not transferred properly, the owner bears all responsibility for renewing domains that remain with their current registrar. To avoid being charged for renewals, make sure Khimaira-GreenEarthHost contact email (web@Khimaira.com) is provided in the admin field of domains, or confirm our requested transfers so that we can bear the cost of renewal. Due to the differences in pricing from registrar to registrar, Khimaira-GreenEarthHost does not provide discounts for prepaid domain names.
Also, domain names are registered in the ownership of the individual/company as listed. However, password access to the domain, in most cases, will be limited to Khimaira-GreenEarthHost. This allows us to keep our prices low and to maintain the renewal and updates of your account. As noted above, we can set up domain with individual access for the owner and with email contact for the owner by request, if the account is current.
The first payment is due at the time the application is filled out and returned to Khimaira-GreenEarthHost. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. For renewals, hosting plans will be automatically renewed, with payment due within one week after renewal date. Clients should review renewal date and balance due information in their control panels, and are responsible for paying a balance due when shown. In the event that the Client fails to pay for such services within 10 days of due date, Khimaira-GreenEarthHost shall be entitled to unilaterally terminate this Agreement and may discontinue the service and suspend the website hosting until payment is made. A service fee of may also be applied to the balance due. If accounts are deleted for non payment, they may be listed on our website as a NonPaying/Delinquent Account.
7. UNILATERAL SERVICE REVOCATION:
In the event that Khimaira-GreenEarthHost may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Khimaira-GreenEarthHost may immediately discontinue such service to the Customer without liability. This will include adult content, links to adult content and/or unsolicited email (spam).
The Customer shall indemnify and hold harmless Khimaira-GreenEarthHost from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Khimaira-GreenEarthHost on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT:
Khimaira-GreenEarthHost reserves the right to make changes to the terms and conditions of this Agreement at any time. Change in service fees will be effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING:
This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
All accounts are automatically renewed annually, unless a cancellation request is submitted via fax or email and acknowledged by Khimaira-GreenEarthHost. Cancellations by phone are not accepted as we need validation of account ownership. To cancel an account, client must complete the cancellation request in the client interface (https://Khimaira.com/clients) . If an account has been past due at any point in the history of the account, no refund will be made for remaining contract time. If he client has been in good standing and cancels before the end of a contract period, the client will be charged the higher rate for monthly hosting (since the term was not completed), plus the current charge for domain name registration/renewals. If the domain name renewal has been completed by Khimaira on behalf of the client for the current or upcoming renewal year, a minimum fee of $20 for domain name renewal shall be due. Any discounts provided will also be removed if hosting is cancelled prior to completion of contract. Accounts must be current before cancellation is completed, or they will be subject to being reported as defaulted accounts. Any domain names registered or maintained by Khimaira-GreenEarthHost on behalf of the client will remain with Khimaira-GreenEarthHost accounts until customer’s account is paid in full.
12. GOVERNING LAW:
This Agreement shall be governed by the laws of Virginia in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.
- Khimaira-GreenEarthHost Does Not Host Sites With Adult Material
- Khimaira-GreenEarthHost Does Not Allow Sending of Unsolicited Email (SPAM)
- First offense will result in immediate termination of account.
- If this occurs the unused portion of your account will not be refunded.
- Khimaira-GreenEarthHost reserves the right to cancel your service with NO refunds should either of the above occur.
- Resellers are responsible for their customers content.