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Terms of Service

All references to "KARTHOST" refer to KARTHOST.com

All payments made to KARTHOST will be handled by KARTHOST and will show up on credit card and bank statements as such.

IMPORTANT NOTICE: *All Payments to KARTHOST Are Non-Refundable, unless otherwise stated in our Guarantee*

ABSOLUTELY NO: ADULT WEB SITES (pornographic in nature) or HATE SITES (KARTHOST reserves the right to make the determination)

KARTHOST agrees to furnish services to the Subscriber, subject to the following TOS (Terms Of Service).

Use of KARTHOST Service constitutes acceptance and agreement to KARTHOST's TOS (Terms Of Service).

All provisions of this contract are subject to the TOS (Terms Of Service) of KARTHOST. The TOS may be changed from time to time at the discretion of KARTHOST. Subscriber understands that change to the TOS by KARTHOST shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas

Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that KARTHOST may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition KARTHOST shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that KARTHOST may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by KARTHOST of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by KARTHOST are subject to the current tax rate as imposed by the State of Texas which is currently 7.25%. The above applies to all accounts owned by customers in the State of Texas, and applies to services provided directly by KARTHOST.
Payments and Fees: All invoices that are more than 5 days past due are subject to a $10.00 late charge. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach more than 5 days past due. Accounts that are not collectible by KARTHOST may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay KARTHOST a "Processing and Collection" Fee of not less than $60 nor more than $190. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to KARTHOST are nonrefundable, unless stated otherwise in the guarantee. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in KARTHOST's sole discretion is a valid charge under the provisions of the TOS and /or TOS, you agree to pay KARTHOST an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: KARTHOST may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. ALL hosting accounts will automatically be suspended after 5 days of due date, and hosting service totally deleted off server(s) 21 days past due date if invoice is NOT paid, or arrangements with KARTHOST are not made.
Account Cancellation: All requests for canceling accounts must be made the following ways:

Login to the KARTHOST Customer Center at https://www.karthost.com/customercenter/ and select the package in which you wish to cancel and on the Product Details page click on the Request Cancellation button
Open a Support Ticket and request the cancellation
In writing and must arrive at KARTHOST offices at least 3 business days before due date, send written cancellation request to this address (Return Receipt highly recommended):

Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of KARTHOST and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that KARTHOST shall not be liable for any damages arising from such causes beyond the direct and exclusive control of KARTHOST. Subscriber further acknowledges that KARTHOST's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall KARTHOST be liable for any special or consequential damages, loss or injury.
New Domain Names: All new Web hosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours of the customer's order. Due to unforeseen complications, however, this process may sometimes require up to 72 hours. If the new domain is registered by the account holder, there will be no handling fee, unless canceled. If the domain is registered by KARTHOST, on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New Web hosting accounts which involve the transfer of a domain from another provider to KARTHOST. It is the customer's responsibility to make sure the domain is ready to be transferred. This includes, but not limited to making sure the email address of the Domain Record of the domain being transferred is a working email, that the domain name at the current register is unlocked, and the Authorization Code (aka, Domain Secret, EPP code) is obtain for the domains that require the Authorization Code to begin transfer. Once a transfer has begun and the Administrative Contact on the domain record that is being transferred has approved the transfer the loosing Registrar has 5 days to release the domain to the winning registrar according to ICANN regulations. If the transfer of the domain is done by KARTHOST on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
FREE Domain Names: It is understood that any domain name that is given to a customer without charge and should the customer cancel or take advantage of KARTHOST's money back guarantee, all refunds will be given minus a $15 domain name registration fee and handling fee.
Server Resources: Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to hosting package suitable to the customers real needs. KARTHOST will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Network:
- IP Address Ownership: If KARTHOST assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to KARTHOST, and Customer shall have no right to use that Internet Protocol address except as permitted by KARTHOST in its sole discretion in connection with the Services, during the term of this Agreement. KARTHOST shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by KARTHOST, and KARTHOST reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use shared IP addresses where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with shared IP based hosting.
- Bandwidth and Disk Usage: The majority of web sites usually do not come close to using the allocated bandwidth which their plan affords them. However, if your package has bandwidth bustable rights and if an occasional overage occurs KARTHOST will permit this overage, unless it's a consistent. And KARTHOST will determine this by looking at past history. If customer has a consistent overage, meaning on average you are using more than 100% of your allocated bandwidth to your web package for more than 1 month out of any three months, a request will be made to upgrade your web hosting package.
If your hosting package has "non bustable" (meaning you cannot exceed your allocated bandwidth) rights you must upgrade immediately to a package that affords more bandwidth.

KARTHOST reserves the right to take corrective actions. KARTHOST may, in the interest of keeping customers site online automatically upgrade the customers hosting package to the next package that affords the needed bandwidth and automatically place a charge against customer's credit card on file with KARTHOST.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the KARTHOST Network. Violations of system or network security may result in civil or criminal liability. KARTHOST will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a Web site or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
CGI Scripts: Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. KARTHOST does not permit CGI script sharing with domains not hosted by KARTHOST or any scripts that may be abused for UCE purposes.
Chat Rooms: KARTHOST does not allow Web Hosting and Ecommerce customers to install their own chat rooms, without prior permission. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option unless preapproved. If you have any doubt, open a Support Ticket in the Customer Center.
Background Running Programs and Cron Jobs: If your plan on running any background scripts please contact Support and advise support of your desire to do so. In most cases this will not be a problem. Most all our hosting packages allow Cron Jobs to be run and are necessary for some web based scripts/programs. However Cron Jobs that place an undo load on the resources of our servers will be terminated immediately. If you're not sure contact Support.
IRC: KARTHOST does NOT allow IRC or IRC bots to be operated by Web Hosting and Ecommerce Customers.
Multimedia Files: Multimedia files are defined as any audio, video or graphics files. KARTHOST Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files. We will advise you of this violation and recommend some alternative solutions.
Databases: Any database (ex, MySQL, MSSQL, etc) stored on KARTHOST's servers will be limited in size to 20% of the total disk space allotted for that particular web sites hosting package.
Support Boundaries: KARTHOST provides 24 x 7 technical email support to our subscribers (except for few holidays and short company meetings when we close our center.) While we strive to answer tech support tickets as quickly as possible, please allow 12 hours for your ticket to be answered during business days and 24 hours on weekends. We limit our technical support to our area of expertise. The following is our guidelines when providing support: KARTHOST provides support related to virtual site physical functioning. KARTHOST does not offer tech support for application specific issues such as cgi programming, html or any other such issue. If you are able to get online we encourage you to log-in to our Customer Center and submit a support ticket.
SPAM and Unsolicited Commercial Email (UCE): KARTHOST takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of KARTHOST may not use or permit others to use our network to transact in UCE. Customers of KARTHOST may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including immediate termination of service.

Violation of KARTHOST's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, KARTHOST will initiate an immediate investigation (within 48 hours of notification). During or before the investigation, KARTHOST may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, KARTHOST may, at its sole discretion, restrict, suspend or terminate customer's account. Further, KARTHOST reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. KARTHOST will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $200 per hour that KARTHOST personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the KARTHOST network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:

Notification of Violation:

KARTHOST is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
First violation: Any User, which KARTHOST determines to have violated any element of this Terms of Service Policy, shall receive an email, informing them of the violation. The service may be subject at KARTHOST's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that KARTHOST determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: KARTHOST reserves the right to suspend network access to any customer if in the judgment of the KARTHOST network administrators the customer's Web site is the source or target of the violation of any of the other terms of the TOS or for any other reason which KARTHOST chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Amendments: KARTHOST reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed Web sites of KARTHOST must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification: KARTHOST wishes to emphasize that in agreeing to the KARTHOST Terms of Condition (TOS), customer indemnifies KARTHOST for any violation of the Terms of Condition (TOS) that result in loss to KARTHOST or the bringing of any claim against KARTHOST by any third-party. This means that if KARTHOST is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against KARTHOST, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by KARTHOST of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of KARTHOST. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
KARTHOST takes no responsibility for any material input by others and not posted to the KARTHOST Network by KARTHOST. KARTHOST is not responsible for the content of any other Web sites linked to the KARTHOST Network; links are provided as Internet navigation tools only. KARTHOST disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
KARTHOST is not responsible for any damages your business may suffer. KARTHOST does not make implied or written warranties for any of our services. KARTHOST denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by KARTHOST.
Responsibility for Content: You, as KARTHOST's customer, are solely responsible for the content stored on and served by your KARTHOST Web site.