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This document describes our Terms Of Service and Acceptable Use Policy.

– IMPORTANT — PLEASE READ –

Refunds

Running a business, whether online or offline, requires an investment. You are NOT guaranteed any results from your efforts, or ours. Your response to your marketing efforts and website will depend highly on your product, your methods, and specifically your website design for online marketing campaigns. KNR IT Solutions, LLC ONLY provides the template, hosting, dedicated servers and/or VPS for your website and/or blogs, not the content or marketing.

Therefore, because of the nature of this business we cannot offer refunds for services performed on your behalf. Obviously we strive to get you the best results possible, but that doesn’t always happen. Should there be any issues at all with our services, all we ask is that if this type of situation arises, you give us a chance to “make things right”.

ANY company that says they can guarantee you specific results (or any results at all), is lying to you plain and simple … run as far and as fast as you can in the other direction.

KNR IT Solutions, LLC^tm Terms & Conditions and Acceptable Use Policy Agreement

1] Term and Payment for Services

2] Use of Services

3] Enforcement

4] Intellectual Property Rights

5] Warranty: Warranty Disclaimer

6] Limitation and Exclusion of Liability

7] Indemnification

8] Customer Domain Registration Product Agreement

9] Miscellaneous

10]Appendix A

11]Appendix B

You must accept the terms of this Agreement in order to use any of our Services.

NOTWITHSTANDING, BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

 

KNR IT Solutions, LLC^tm reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the KNR IT Solutions, LLC^tm Web site (the “Site”). Your continued use of Services following KNR IT Solutions, LLC^tm ‘s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. Term and Payment for Services

1.1. Term

This Agreement shall be for an “Initial Term” as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide KNR IT Solutions, LLC^tm with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.

1.2. Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) KNR IT Solutions, LLC^tm will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of KNR IT Solutions, LLC^tm ‘s standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to KNR IT Solutions, LLC^tm in the manner described in Section 1.1. KNR IT Solutions, LLC^tm may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If KNR IT Solutions, LLC^tm terminates this Agreement, KNR IT Solutions, LLC^tm will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to KNR IT Solutions, LLC^tm on your behalf, no refunds shall apply and you will be held liable for such fees.

1.3 Default and Cure

In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

1.4. Charges

You agree to pay for all charges attributable to your use of the Services at the then current KNR IT Solutions, LLC^tm prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on KNR IT Solutions, LLC^tm ‘s net income.

1.5. Payment

All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize KNR IT Solutions, LLC^tm to charge your credit or debit card to pay for any charges that may apply to your account. You must notify KNR IT Solutions, LLC^tm of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit KNR IT Solutions, LLC^tm from charging your account. KNR IT Solutions, LLC^tm may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to KNR IT Solutions, LLC^tm the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to KNR IT Solutions, LLC^tm. In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and KNR IT Solutions, LLC^tm may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, KNR IT Solutions, LLC^tm may, delete any and all content from the KNR IT Solutions, LLC^tm Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest.

1.6. Chargebacks

If you ever feel that KNR IT Solutions, LLC^tm incorrectly charged your credit card you must contact our billing department and allow us to try and resolve any issue before requesting a chargeback through your credit card issuer. Failure to follow this procedure will be cause for immediate termination of your account at our discretion. We prefer to work things out directly with our clients and request that you give us that opportunity first before taking any other action.

 

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2. Use of Services

 

2.1. Applicable Use Policy

The KNR IT Solutions, LLC^tm Acceptable Use Policy (the “Usage Policy”) govern the general policies and procedures for use of the Services. The Usage Policy is posted on KNR IT Solutions, LLC^tm ‘s Web site (or such other location as KNR IT Solutions, LLC^tm may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. KNR IT Solutions, LLC^tm RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements

Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on KNR IT Solutions, LLC^tm ‘s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by KNR IT Solutions, LLC^tm. KNR IT Solutions, LLC^tm will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, KNR IT Solutions, LLC^tm has the option at any time to reject this material. KNR IT Solutions, LLC^tm will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of KNR IT Solutions, LLC^tm. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not KNR IT Solutions, LLC^tm ‘s responsibility to provide this knowledge or customer support outside of the Services agreed to by you and KNR IT Solutions, LLC^tm.

2.3. Bandwidth and Storage Usage

You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a KNR IT Solutions, LLC^tm Server is not owned by KNR IT Solutions, LLC^tm ; therefore Data preservation is the ultimate responsibility of you, the client. KNR IT Solutions, LLC^tm is in no way responsible for the client’s data and or the backup of that data.

 

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3. Enforcement

 

3.1. Investigation of Violations

KNR IT Solutions, LLC^tm may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. KNR IT Solutions, LLC^tm will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions

KNR IT Solutions, LLC^tm reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party’s rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, KNR IT Solutions, LLC^tm may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on KNR IT Solutions, LLC^tm ‘s systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by KNR IT Solutions, LLC^tm which, in KNR IT Solutions, LLC^tm ‘s sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes KNR IT Solutions, LLC^tm to civil or criminal liability or public ridicule. It is KNR IT Solutions, LLC^tm ‘s policy to terminate repeat infringers. KNR IT Solutions, LLC^tm ‘s right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If KNR IT Solutions, LLC^tm takes corrective action due to such possible violation, KNR IT Solutions, LLC^tm shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect KNR IT Solutions, LLC^tm ‘s systems and customers, or to ensure the integrity and operation of KNR IT Solutions, LLC^tm ‘s business and systems, KNR IT Solutions, LLC^tm may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on KNR IT Solutions, LLC^tm ‘s servers and systems. KNR IT Solutions, LLC^tm also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

 

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4. Intellectual Property Rights

 

4.1. Your License Grant to KNR IT Solutions, LLC^tm

You hereby grant to KNR IT Solutions, LLC^tm a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to KNR IT Solutions, LLC^tm a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

4.2. KNR IT Solutions, LLC^tm Materials and Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by KNR IT Solutions, LLC^tm or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by KNR IT Solutions, LLC^tm to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of KNR IT Solutions, LLC^tm or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by KNR IT Solutions, LLC^tm during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

4.3. Trademarks

You hereby grant to KNR IT Solutions, LLC^tm a limited right to use your trademarks, if any, for the limited purpose of permitting KNR IT Solutions, LLC^tm to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

 

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5. Warranty: Warranty Disclaimer

 

5.1. Customer and/or Third Party Acts

KNR IT Solutions, LLC^tm is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, KNR IT Solutions, LLC^tm is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond KNR IT Solutions, LLC^tm ‘s reasonable control.

5.2. No Express or Implied Warranty

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY KNR IT Solutions, LLC^tm UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT KNR IT Solutions, LLC^tm EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH KNR IT Solutions, LLC^tm ‘s COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. KNR IT Solutions, LLC^tm DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, KNR IT Solutions, LLC^tm DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.

5.3 Your Warranties and Representations to KNR IT Solutions, LLC^tm

You warrant, represent, and covenant to KNR IT Solutions, LLC^tm that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

 

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6. Limitation and Exclusion of Liability

 

6.1. Limitations

IN NO EVENT SHALL KNR IT Solutions, LLC^tm HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO KNR IT Solutions, LLC^tm , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. KNR IT Solutions, LLC^tm SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF KNR IT Solutions, LLC^tm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF KNR IT Solutions, LLC^tm TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO KNR IT Solutions, LLC^tm BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY KNR IT Solutions, LLC^tm UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE KNR IT Solutions, LLC^tm FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

6.2. Interruption of Service

You hereby acknowledge and agree that KNR IT Solutions, LLC^tm will not be liable for any temporary delay, outages or interruptions of the Services. Further, KNR IT Solutions, LLC^tm shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

6.3. Maintenance

You hereby acknowledge and agree that KNR IT Solutions, LLC^tm reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. KNR IT Solutions, LLC^tm will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

 

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7. Indemnification

 

You will defend, indemnify and hold harmless KNR IT Solutions, LLC^tm and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an “Indemnitee”) from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys’ fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by KNR IT Solutions, LLC^tm ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

 

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8.0 Customer Domain Registration Product Agreement

KNR IT Solutions, LLC (hereinafter referred to as "Parent") AND you (hereinafter referred to as “Customer”) HAVE entered into a Customer Master Agreement ("Agreement") effective from the date of domain registration of which this "Domain Registration Product Agreement Extension" is a part.

WHEREAS, Parent is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘B’;

WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for the list of TLDs mentioned within APPENDIX ‘B’ through Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

8.1] Definitions

(1) "TLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN, .BZ, .CC, .TV and .CN

(2) "gTLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA and .TEL

(3) "Domain Order" refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension

(4) "Registrant" refers to the registrant/owner of a Domain Order as in the OrderBox Database.

(5) "Registrar" refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record;

(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order;

(7) "Whois Record" refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry;

8.2] Obligations of the Customer

(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar’s terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar’s terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants’ noncompliance with such terms and conditions.

(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.

(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.

8.3. Rights of Parent

Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

8.4] Survival

In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive

 

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9. Miscellaneous

9.1 Confidentiality

The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. “Confidential Information” means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

9.2. Notices

All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

9.3. Choice of Law and Forum

THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW JERSEY, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN NEW JERSEY, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

9.4. Entire Agreement

This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

9.5. No Fiduciary Relationship

No Third-Party Beneficiaries KNR IT Solutions, LLC^tm is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

9.6. Assignments

You may not transfer or assign your rights, duties, or obligations under this Agreement without KNR IT Solutions, LLC^tm ‘s prior written consent. KNR IT Solutions, LLC^tm may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

9.7. No Waiver

KNR IT Solutions, LLC^tm ‘s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of KNR IT Solutions, LLC^tm ‘s right to subsequently enforce such provision or any other provisions under this Agreement.

9.8. Severability

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

9.9. Survival

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

 

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Appendix ‘A’

Privacy Protection Service Specific Conditions

A.1] Description of Services

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

A.2] Implementation Details

(1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, and

(1) any mail received via post at this Address would be rejected;

(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;

(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.

(2) Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

(3) Customer understands that the Privacy Protection Service is only available for certain TLDs

(4) Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement

(5) Customer understands and acknowledges that Parent in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to -

(1) if Parent receives any abuse complaint for the privacy protected domain name, or

(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or

(3) for the resolution of disputes concerning the domain name

(4) or any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services

A.3] Obligations of the Customer

Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer’s nondisclosure of these terms to Registrant of Domain Order.

A.4] Indemnity

Customer and Registrant agree to release, defend, indemnify and hold harmless Parent, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Privacy Protection services provided hereunder.

 

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Appendix ‘B’

List of TLDs Parent is Authorized to Provide Domain Registration and Management Services For

* .COM, .NET (through Registrar NetEarthOne, LLC)
* .ORG (through Registrar NetEarthOne, LLC)
* .BIZ (through Registrar NetEarthOne, LLC)
* .INFO (through Registrar NetEarthOne, LLC)
* .NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar NetEarthOne, LLC)
* .US (through Registrar NetEarthOne, LLC)
* .IN (through RegistrarNetEarthOne, LLC)
* .EU (through Registrar NetEarthOne, LLC)
* .UK (through RegistrarNetEarthOne, LLC)
* .TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
* .WS (through Registrar NetEarthOne, LLC)
* .COOP (through Registrar NetEarthOne, LLC)
* CentralNIC (through Registrar NetEarthOne, LLC)
* .MOBI (through Registrar NetEarthOne, LLC)
* .ASIA (through Registrar NetEarthOne, LLC)
* .ME (through Registrar NetEarthOne, LLC)
* .TEL (through Registrar NetEarthOne, LLC)
* .MN, .BZ (through Registrar NetEarthOne, LLC)
* .CC, .TV (through Registrar NetEarthOne, LLC)
* .CN (through Registrar NetEarthOne, LLC)

 

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Revisions To This Policy

KNR IT Solutions, LLC^tm reserves the right to revise, amend, or modify this TOS/AUP, and our other policies and agreements at any time and in any manner, with or without prior notice.

If you have questions about our Terms of Service and Acceptable Use Policy, please use our Contact and Support Suite or contact us by postal mail at:

KNR IT Solutions, LLC^tm

800 Louise Drive

Springfield, PA 19064

USA