Koomohost’s Terms of Service (TOS) apply to all customers and must be accepted, along with the Acceptable Usage Policy (AUP), prior to engaging in Koomohost’s services. The TOS may change at any time and is applicable as soon as changes are posted.
Koomohost is a provider of web hosting, email, and other related services. It maintains dedicated servers, equipment, and software that is integrated with the Internet. Information is transmitted via these servers in relation to the Internet. Koomohost’s web services are for customers who desire the use of Koomohost’s resources for the creation of an Internet presence.
This TOS agreement and your application constitute a legal and binding contract between you and Koomohost. This agreement does not extend to any other person or entity.
Regarding the services provided herein, you make acknowledge that Koomohost provides no express or implied warranties whatsoever. You agree that Koomohost will not be held liable to you for any damages, claims, or loss of profit you or any other entity may suffer as a result of any type of damages arising out of, or in relation to the services provided herein.
Any and all utilization of data and/or information provided to you as a result of the services Koomohost provides shall be at your sole and absolute risk. Koomohost denies any responsibility for the accuracy, quality, and/or completeness of any information obtained through its services.
Payment is due according to the fee schedule of the hosting plan chosen by you, the customer. Billing occurs immediately following the establishment of services by Koomohost, and continues to be billed the same day each month until service is terminated. Koomohost reserves the right to suspend and/or terminate service in the event you do not pay.
Koomohost will charge a US $25.00 fee for any credit card chargeback. Should you initiate a credit card chargeback, your account will be immediately suspended until the chargeback is reversed or you pay your bill in full.
All billing takes place on a monthly basis, and you will continue to be billed until you email a request to cancel. The email for cancellation must be received the day before your next billing cycle in order to prevent you from being billed another month. Further information can be found at the web hosting cancellation page.
Please refer to Koomohost’s Acceptable Usage Policy.
Unilateral Service Revocation
Koomohost reserves the right to suspend service at any time and without warning should it suspect you of engaging in any unlawful and/or prohibited activities as outlined in the Acceptable Use Policy. Failure to pay will also result in Koomohost electing to suspend service.
Koomohost shall be held harmless and indemnified by you (the Customer) from any and all loss, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be brought against Koomohost and its officers, directors, and employees for any service provided to you by Koomohost that includes web space content that violates any state and federal regulations, copyright, proprietary right of person, or contains any libelous or scandalous material.
Terms of Agreement Changes
Koomohost reserves the right to make any necessary changes to the terms and conditions of the TOS agreement at any time, with all pricing changes taking place on your next billing cycle. Use of Koomohost’s services by you is deemed to be acceptance of the changes.
Entire Agreement and Understanding
The services provided by Koomohost, as well as this document shall constitute the entire working agreement between the parties and represents the complete understanding of the parties in regards to the subject matter of the TOS.
The parties are two separate and independent entities, and you are not bound to Koomohost as an employee, partner, independent contractor, agent, or other similar entity.
The laws of the United States of America shall govern this agreement. In the event any action is brought to interpret or enforce this TOS agreement, the prevailing party shall be entitled to reasonable costs, including, but not limited to, attorney fees.
Should a court of competent jurisdiction hold any provision of this TOS agreement to be illegal, unenforceable, or invalid, any remaining provisions shall remain in full force and effect.
You acknowledge that any information including, but not limited to, computer programs, source code, inventions, and algorithms not generally known by or disclosed to the public are the property of Koomohost and are prohibited from being utilized or released without the express written consent of Koomohost.
All words, phrases, and format used in this TOS agreement shall have the meaning generally understood by the software/telecommunications/Internet industries. This TOS agreement shall be construed in accordance with its fair meaning and not against the drafting party.
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. By placing an order telephonically, in writing and/or electronically.