The use of
services from
KnowItAll-WebHosting.com
[hereafter referred to as "KnowItAll-WebHosting"]
constitutes agreement to
these terms.
1.) Account Setup /
Email on file
We will setup your
account after we have
received payment and we
and/or our payment partner(s)
have screened the order(s)
incase 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.
2.) Content
All services provided by
KnowItAll-WebHosting may
only be used for lawful
purposes. The laws of the
State of Florida, the State
of Texas, and the United
States of America apply.
The customer agrees to
indemnify and hold harmless
KnowItAll-WebHosting from
any claims resulting from
the use of our services.
Use of our services to
infringe upon any copyright
or trademark is prohibited.
This includes but is not
limited to unauthorized
copying of music, books,
photographs, or any other
copyrighted work. The offer
of sale of any counterfeit
merchandise of a trademark
holder will result in the
immediate termination of
your account. If you believe
that your copyright or
trademark is being infringed
upon, please email
abuse@KnowItAll-WebHosting.com
with the information
required.
Examples of unacceptable
material include:
IRC Bots, Proxy Scripts /
Anonymizers, Pirated
Software / Warez, ".img" /
image hosting only sites
that do not host an actual
domain name, Escrow,
High-Yield Interest
Programs(HYIP), Bank
Debentures, Bank Debenture
Trading Programs, and Prime
Banks Programs, lottery
sites, muds / rpg's, hate
sites, hacker focused
sites/archives/programs,
sites promoting illegal
activities
We reserve the right to
refuse service to anyone.
Any material that in our
judgment that is obscene or
threatening is prohibited
and will be removed from our
servers 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.
If in doubt regarding the
acceptability of your site
or service, please contact
us and we will be happy to
assist you.
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.
Resellers: we will suspend
the site in question and
will notify you so you may
terminate the account. We
will further monitor your
activity; more than one
infraction of this type may
result in the immediate
termination of your account.
Direct customers: Your
services will be terminated
with or without notice.
Violations will be reported
to the appropriate law
enforcement agency.
3.) Zero Tolerance
Spam Policy
We take a zero tolerance
stance against sending of
unsolicited e-mail, bulk
emailing, and spam. "Safe
lists" and "double opt-in"
will be treated as spam. Any
user who sends out spam will
have their account
terminated with or without
notice.
Please read
http://www.KnowItAll-WebHosting.com/mailpolicy.html
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.
KnowItAll-WebHosting
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.
KnowItAll-WebHosting
reserves the right to charge
the holder of the account
used to send any unsolicited
e-mail a clean up fee. This
cost of the clean up fee is
entirely at the discretion
of KnowItAll-WebHosting.
4.) Payment
Information
You agree to supply
appropriate payment for the
services received from
KnowItAll-WebHosting, in
advance of the time period
during which such services
are provided. You agree that
until and unless you notify
KnowItAll-WebHosting of your
desire to cancel any or all
services received, those
services will be billed on a
recurring basis.
KnowItAll-WebHosting
reserves the right to change
the monthly payment amount
and any other charges at
anytime.
5.) Backups and Data
Loss
Your use of the service is
at your sole risk.
KnowItAll-WebHosting 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
KnowItAll-WebHosting
servers.
6.) Cancellations and
Refunds
KnowItAll-WebHosting
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.
KnowItAll-WebHosting gives
you an unconditional 30 day
money back guarantee on
managed shared hosting, and
reseller solution's. There
are no refunds on dedicated
servers, administrative
fees, install fees for
custom software, or domain
name purchases. Refund
requests after 30 days will
not be valid.
Only first-time accounts
are eligible for a refund.
For example, if you've had
an account with us before,
cancelled 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
User may not:
a) Use 25% or more of system
resources for longer then 90
seconds. There are numerous
activities that could cause
such problems; these
include: CGI scripts, FTP,
PHP, HTTP, etc.
b) Run any type of
interactive real-time chat
applications that require
server resources.
Remotely-hosted services are
fully allowed.
c) Run stand-alone,
unattended server-side
processes at any point in
time on the server. This
includes any and all
daemons, such as IRCD.
d) Run any software that
interfaces with an IRC
(Internet Relay Chat)
network.
e) Run any bit torrent
application, tracker, or
client.
f) Participate in any
file-sharing/peer-to-peer
activities
g) Run any gaming servers
such as counter-strike,
half-life, battlefield1492,
etc
h) Run cron entries with
intervals of less than 15
minutes
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.
9a.) Money back
Guarantee
On dedicated servers and
colocation no full refund
will be honored -- the 30
day money back guarantee
does not apply. We reserve
the right to refund a
prorated amount or no refund
at all.
Each of
KnowItAll-WebHosting's
managed shared and reseller
servers carry a 30 day
unconditional money back
guarantee on them. If you
are not completely satisfied
with our services within the
first 30 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.
9b.) Uptime Guarantee
If your shared / reseller
server has a physical
downtime that is not within
the 99.9% uptime you may
receive one month of credit
on your account. Approval of
the refund is at the
discretion of
KnowItAll-WebHosting
dependant upon justification
provided. Third party
monitoring service reports
may not be used for
justification due to a
variety of factors including
the monitor's network
capacity/transit
availability. The uptime of
the server is defined as the
reported uptime from the
operating system of the
server which may differ from
the uptime reported by
individual services. To
request a refund, please
contact sales@KnowItAll-WebHosting.com
with justification. All
requests must be made in
writing via email. Uptime
guarantees only apply to
shared / reseller solutions.
Dedicated servers are
covered by a network
guarantee in which the
refund is prorated for the
amount of time the server is
down which is not related to
our uptime guarantee.
10.) Reseller: Client
Responsibility
Resellers are responsible
for supporting their
clients.
KnowItAll-WebHosting does
not provide support to our
Reseller's Clients. If a
reseller's client contacts
us, we reserve the right to
place the client account on
hold until the reseller can
assume their responsibility
for their client. All
support requests must be
made by the reseller on
their client's behalf for
security purposes. Resellers
are also responsible for all
content stored or
transmitted under their
reseller account and the
actions of their clients.
KnowItAll-WebHosting will
hold any reseller
responsible for any of their
clients actions that violate
the law or the terms of
service.
11.) Shared
(non-reseller accounts)
Shared accounts may not
resell web hosting to other
people, if you wish to
resell hosting you must use
a reseller account.
12.) 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
KnowItAll-WebHosting.com,
and the right to increase
the amount of resources
given to plans at any time.
13.) Indemnification
Customer agrees that it
shall defend, indemnify,
save and hold
KnowItAll-WebHosting
harmless from any and all
demands, liabilities,
losses, costs and claims,
including reasonable
attorney's fees asserted
against KnowItAll-WebHosting,
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
KnowItAll-WebHosting against
liabilities arising out of;
(1) any injury to person or
property caused by any
products sold or otherwise
distributed in connection
with KnowItAll-WebHosting;
(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
KnowItAll-WebHosting's
server.
14.) Disclaimer
KnowItAll-WebHosting shall
not be responsible for any
damages your business may
suffer. KnowItAll-WebHosting
makes no warranties of any
kind, expressed or implied
for services we provide.
KnowItAll-WebHosting
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
KnowItAll-WebHosting and its
employees.
15.) Disclosure to law
enforcement
KnowItAll-WebHosting 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.
16.) Changes to the TOS
KnowItAll-WebHosting
reserves the right to revise
its policies at any time
without notice.
