This agreement represents the complete agreement and understanding between KustomByKris.com (hereinafter called KBK) and the customer (hereinafter called ACCOUNT HOLDER) and supersedes any other written or oral agreement. KBK reserves the right, in its sole discretion, with or without notice, to modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. ACCOUNT HOLDER must comply with KBK’s current “Terms and Conditions,” as updated from time to time by KBK, which can be viewed at the KBK website.
Submission of your account order shall constitute your acceptance of these Terms and Conditions.
1. Provision of Services
a. Service means – Any act of serving the ACCOUNT HOLDER, being provided by KBK, regardless of its duration and whether it’s a paid service or a free service.
b. Without limiting the scope of item 1.a. above, KBK will provide services on its host computing systems, shared server to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
c. KBK’s fee does not include the initial domain registration fee and renewal fee thereafter, or any other regional registrar domain registration fees.
d. Be advised that upon registering a domain name, you will be subject to the Terms and Conditions of the domain registrar or other registries as applicable.
2. Use of Services
a. The ACCOUNT HOLDER agrees to use the services provided by KBK as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any KBK policy.
b. KBK reserves the right to refuse service to any new or existing customers.
c. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at KBK. The ACCOUNT HOLDER represents and warrants to KBK that it holds the necessary rights to permit the use of any of the items on his/her web site, and that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -
2.1. The ACCOUNT HOLDER will not violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law.
2.2. ACCOUNT HOLDER agrees to indemnify and to hold KBK, and any third party entities related to KBK, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
The ACCOUNT HOLDER’S breach of any of the forgoing representations and warranties, or
any other third party claim with respect thereto.
d. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER’S website is at the sole discretion of KBK. KBK may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that KBK deems to be in violation of Section (3c.) of these Terms and Conditions.
e. KBK accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
f. Use of other organizations networks or computing resources is subject to their respective permission and usage policy.
3. Use of Material
a. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using KBK services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
b. As provided by United States federal law, Canada federal law and by International law, copyrighted materials (e.g., images, text, and programs) may not be uploaded using KBK services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
4. Password Security
a. The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.
a. The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify KBK, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, from any claims, including attorney’s fees, resulting from the ACCOUNT HOLDER’S use of KBK’S services.
6. Limited Liability
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL KBK BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF KBK’S SERVICES, EVEN IF KBK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KBK’S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF KBK’S SERVICES.
b. The ACCOUNT HOLDER acknowledges that KBK makes an honest effort to keep the information available on KBK’S systems accurate. However, KBK can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through KBK is at the risk of the ACCOUNT HOLDER.
c. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. ACCOUNT HOLDER has no ability or authority over the material. ACCOUNT HOLDER can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through KBK services is at the risk of the ACCOUNT HOLDER.
d. The ACCOUNT HOLDER understands, agrees and acknowledges that KBK makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, KBK can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. KBK specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through KBK, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.
e. The ACCOUNT HOLDER understands, agrees and acknowledges that KBK will use its best efforts to maintain a full time Internet presence for ACCOUNT HOLDER. The network may be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. ACCOUNT HOLDER agrees that these events may or may not occur and ACCOUNT HOLDER will hold KBK, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Uses of KBK services is at the risk of the ACCOUNT HOLDER.
7. Payment of Fees & Penalties
a. KBK billing cycle renews each month on the account’s anniversary.
b. Service payments will be charged in advance of receiving services.
c. The service contract will be automatically renewed at the end of its term and the service payment for the renewal term will be charged automatically to ACCOUNT HOLDER’S credit card without KBK obtaining ACCOUNT HOLDER’S permission after the initial charge. ACCOUNT HOLDER shall notify KBK of any changes in PayPal account for payment purposes. If the credit card is not honored for any reason, KBK will attempt to notify the ACCOUNT HOLDER by using the e-mail address on file. It is the ACCOUNT HOLDER’S responsibility to keep a valid e-mail address on file with KBK. If an alternative payment arrangement has not been made within 14 days, the account will be terminated. ACCOUNT HOLDER’S credit card information will be kept on file throughout the length of the account’s billing cycle or until ACCOUNT HOLDER cancels account. Upon account cancellation, ACCOUNT HOLDER’S credit card information will be destroyed. Note: KBK’S authorized billing name of “KUSTOMBYKRIS” will show on your credit card statement.
d. Payment is due at beginning of each accounting cycle. It is the ACCOUNT HOLDER’S responsibility to make payment before the account becomes overdue without reliance on KBK for a reminder. Overdue accounts are those that remain unpaid four (4) days after the beginning of the accounting cycle. A $5 late fee is charged to overdue accounts. Accounts that are unpaid for six (6) days will be suspended. Accounts that are unpaid for fourteen (14) days will be terminated immediately with or without notice. There is a service reconnection charge of $5 to reactivate accounts from suspended status.
e. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
f. There is a $25.00 service charge for each check that is not honored and a $50.00 service charge for any disputed credit card charge not authorized by you following the guidelines quoted in 7c.
g. The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. KBK has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.
h. No refund will be administered on all paid and pre-paid services after the first 30 days of account activation.
8. Cancellation Requests
a. This agreement will commence upon the ACCOUNT HOLDER’S acceptance of it and continue on a month-to-month basis.
b. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY – “CANCELLATION” requests for KBK accounts must be sent to Billing through the ACCOUNT HOLDER’S private KBK account via support ticket and received by KBK 14 days before the ACCOUNT HOLDER’S next billing date, in order to be processed before another payment is due. This will prevent an automatic renewal charge.
c. For ACCOUNT HOLDERS that pay with a PayPal subscription ONLY (monthly or annually) – “CANCELLATION” must be sent to Billing through the ACCOUNT HOLDER’S private KBK account before the next billing cycle. If ACCOUNT HOLDER does not cancel the account prior to receiving the payment request, payment must be made. KBK is not responsible if ACCOUNT HOLDER does not cancel the account before this point and no refunds will be administered.
d. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (12 months) – “CANCELLATION” requests for KBK accounts must be sent to Billing through the ACCOUNT HOLDER’S private KBK account and received by KBK, 14 days before the account’s anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge.
e. All KBK accounts must be paid in full before the transaction will be considered complete.
f. Cancellations after the first 30 days of account activation will NOT generate ANY refund.
9. Abuse of Services
a. Any use of the KBK system resources that disrupts the normal use of the system for other KBK customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, KBK forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.
b. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by KBK. Spamming activities will result in immediate termination of services to Account Holder.
c. Unethical and criminal offenses are violations of KBK conditions of use. You are expected to report to KBK any information you may have concerning instances in which the conditions of use have been or are being violated. When KBK becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, KBK may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of KBK, following payment of a reconnection charge equal to the current setup fee.
10. IP Address
a. KBK maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. ACCOUNT HOLDER will have no right to use the assigned IP numbers except as allowed by KBK in its sole discretion in connection with the plan ACCOUNT HOLDER has selected, during the term of this agreement.
a. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with KBK, either in whole or in part, without the prior written consent of KBK. KBK may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of KBK’S assets or other corporate reorganization.
b. If the ACCOUNT HOLDER chooses to transfer the hosting account to another person, written notice must be provided to KBK prior to the transfer. At the time of the transfer, the NEW ACCOUNT HOLDER will be required to submit personal information in order to complete the transfer of the account to the NEW ACCOUNT HOLDER. The NEW ACCOUNT HOLDER will not be able to take advantage of the 30-day money back guarantee even if the account was created less than 30 days prior to the transfer. All payments made by the ORIGINAL ACCOUNT HOLDER will not be refunded to the ORIGINAL ACCOUNT HOLDER, or the NEW ACCOUNT HOLDER at any time. Payment for the account will remain on the same schedule as when the account was created with balances being due on the original due date each month and payments expected from the NEW ACCOUNT HOLDER.
12. Governing Law & Severability
a. Any Agreement arising from the business relationships between KBK and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the State of Oklahoma, United States of America, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in the State of Oklahoma, United States of America, and consent to personal jurisdiction and venue in that state. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.
13. Age of Majority
a. KBK cannot accept agreements and payments from persons under the age of 18 years. Therefore, KBK requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.
14. Free Website Hosting Promotion
a. Participation in the KBK Free Website Hosting Promotion is limited to current Kustom By Kris website hosting subscribers only. Anyone who qualifies for a KBK website hosting plan may participate in the promotion after their 30 day money-back guarantee trial has expired. Participants receive one month of free website hosting for each qualified new website hosting account created when the participant’s promotional code is supplied during the purchase process.
b. This promotion is only valid on the purchase of the first website hosting plan by a KBK client. Payment of the second month of website hosting must be received in full before the one month of free website hosting will be applied to the qualifying participant’s account.
c. There is no limit to the number of referrals or free months of website hosting qualified participants may receive, but KBK reserves the right to refuse, forfeit, or discontinue this promotion at any time for any reason or no reason at all.
d. Use of qualifying coupon/promotional codes is limited to once per customer.
15. Complete Understanding & Modification
a. These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and KBK, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by KBK.