1.)We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. And only include transfer from cPanel to cPanel. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. For custom designs the templates are only transferable for a fee, please ask what the fees are for your template as they vary. Also if there are any custom code elements that were requested during the build these may also be billed as part of the template. Please note that these charges are only relevant if you decide to take your website and host somewhere else.
There may also be custom extensions that we either purchased on your behalf, or developed for your website. There will be a charge imposed for such extensions if you move your website away from KLM Graphics servers. Any special coding that has already been paid for is yours to use for the website that KLM Graphics built for you. They are non-transferable and cannot be used on any other site or if you rebuild your website somewhere else. If you have any questions related to any of these charges please let us know and we will explain in detail what these charges are and why you are being charged for them.
2.) Content All services provided by KLM Graphics may only be used for lawful purposes. The laws of the State of Idaho, and the United States of America apply.
The customer agrees to indemnify and hold harmless KLM Graphics from any claims resulting from the use of our services.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
* Topsites* IRC Scripts/Bots* Proxy Scripts/Anonymizers* Pirated Software/Warez* Image hosting Scripts (similar to Photobucket or Tinypic)* AutoSurf/PTC/PTS/PPC sites* IP Scanners* Bruteforce Programs/Scripts/Applications* Mail Bombers/Spam Scripts* Banner-Ad services (commercial banner ad rotation)* File Dump/Mirror Scripts (similar to rapidshare)* Commercial Audio Streaming (more than one or two streams)* Escrow/Bank Debentures* High-Yield Interest Programs (HYIP) or Related Sites* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)* Sale of any controlled substance without prior proof of appropriate permit(s)* Prime Banks Programs* Lottery Sites* MUDs/RPGs/PPBGs* Hateful/Racist/Harassment oriented sites* Hacker focused sites/archives/programs* Sites promoting illegal activities* Forums and/or websites that distribute or link to warez/pirated/illegal content* Bank Debentures/Bank Debenture Trading Programs* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Examples of unacceptable material on all Dedicated servers include:
* IRC Scripts/Bots* Pirated Software/Warez* IP Scanners* Bruteforce Programs/Scripts/Applications* Mail Bombers/spam Scripts* Escrow* High-Yield Interest Programs (HYIP) or Related Sites* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)* Sale of any controlled substance without prior proof of appropriate permit(s)* Prime Banks Programs* Lottery Sites* Hateful/Racist/Harassment oriented sites* Hacker focused sites/archives/programs* Sites promoting illegal activities* Forums and/or websites that distribute or link to warez/pirated/illegal content* Bank Debentures/Bank Debenture Trading Programs* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
KLM Graphics services, including all related equipment, networks and network devices are provided only for authorized customer use.
KLM Graphics systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of KLM Graphics system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.)Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read our mail policies for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
KLM Graphics reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
KLM Graphics reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of KLM Graphics.
4.)Payment Information You agree to supply appropriate payment for the services received from KLM Graphics, in advance of the time period during which such services are provided. You agree that until and unless you notify KLM Graphics of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of KLM Graphics, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. KLM Graphics provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
KLM Graphics reserves the right to change the monthly payment amount and any other charges at any time.
5.) Backups and Data Lose Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. KLM Graphics is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on KLM Graphics servers.
6.) Cancellations and Refunds
KLM Graphics reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form. KLM Graphics gives you an unconditional 60 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with PayPal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
* Bank Wire Transfers* Western Union Payments* Checks* Money orders
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared accounts after the initial 60 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7.) Resource Usage
7a.) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, log-in to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
8.) Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee On dedicated servers and collocation no full refund will be honored -- the 60 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of KLM Graphics managed and shared servers carry a 60 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 60 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
10.) Shared /Semi-dedicated Servers Shared accounts may not resell web hosting to other people, Semi-dedicated servers are not backed up. You must maintain your own backups.
11.) Price Change The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on nwidesigns.com, and the right to increase the amount of resources given to plans at any time.
12a.) Indemnification Customer agrees that it shall defend, indemnify, save and hold KLM Graphics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against KLM Graphics, 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 KLM Graphics against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with KLM Graphics; (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 KLM Graphics server.
12b.) Arbitration By using any KLM Graphics services, you agree to submit to binding arbitration. If any disputes or claims arise against KLM Graphics or its subsidiaries, such disputes will be handled by an arbitrator of KLM Graphic's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Oregon. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
13.) Disclaimer: KLM Graphics shall not be responsible for any damages your business may suffer. KLM Graphics makes no warranties of any kind, expressed or implied for services we provide. KLM Graphics disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by KLM Graphics and its employees.
14.) Disclosure to law enforcement KLM Graphics may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
15.) Changes to the TOS KLM Graphics reserves the right to revise its policies at any time without notice.