Kattare Hosting: Terms of Service

Kättare Internet Services provides web page hosting, internet access, and web site development. Kättare has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Kättare Internet Services reserves the right to suspend or cancel a customer's access to any or all services provided by Kättare when we determine that an account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Kättare Internet Services is strictly prohibited.

Any unauthorized use of accounts or computers by a Kättare Internet Services customer, whether or not the attacked account or computer belongs to Kättare Internet Services, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Kättare Internet Services has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Kättare Internet Services to be unacceptable use of Kättare Internet Services including abuse of server resources.

Shared hosting accounts may be terminated that include the following content or which have links to the following content:

Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity.
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers or colocations).
Displaying material that exploits children under 18 years of age Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Traffic (Bandwidth) Overuse

Kättare Internet Services customers are privileged to be offered liberal traffic for their web sites. The intention of Kättare Internet Services is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on a Kättare Internet Services server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Kättare Internet Services management. Any customer who violates Kättare Internet Services policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our shared hosting service the following limitations apply:

For those that go over their allotted bandwidth, normal data transfer cost of $2.50/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, email us and we may be able to work something out.

Kättare Internet Services will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

Kättare Internet Services takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through Kättare Internet Services (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

99.9% Uptime Guarantee

(1.) Coverage

This 99.9% uptime guarantee applies to any Kättare Internet Services client in good financial standing with Kättare Internet Services at the time of a service outage.

(2.) Service Level Agreement & Specifications

Kättare Internet Services endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Kättare Internet Services to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Kättare Internet Services online monitoring system. If the service in question is not being monitored by our monitoring system, the client must email support and have it added to the system before the service can be covered under the 99.9% Uptime Guarantee. Kättare Internet Services administrators will determine the end of the downtime by a test of the service from outside the Kättare Internet Services network.

(3.) Credits

a. Shared Hosting - In the event that your web site is not available for more than 99.9%, Kättare Internet Services will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

Monthly Uptime: Credit
95% to 99.8%: 10%
90% to 94.9%: 20%
89.9% or below: 50%

b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.

Minutes of continuous downtime: Credit
60: 10%
5 + 60 minute intervals: 25%

In order for you to receive a credit on your account, you must request such credit within twenty (20) days after you experienced the down time. You must request credit by sending an email message to [email protected]. For security, the body of this message must contain your account login, the dates and times of the unavailability of your website, and the service effected. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions

Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Kättare Internet Services, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Kättare Internet Services's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Kättare Internet Services "terms of service" causing a machine to fail as a result.

CGI Scripts

Each shared web hosting account comes with its own cgi-bin. (aka cgi-local) You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers)

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Kättare Internet Services Support Team. Many chat rooms tend to be large system hogs.

Abuse of the SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a single email account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account may be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis. (this section does not apply to managed dedicated servers or colocations.)

IRC

All IRC servers, clients, and BOTS must be cleared with the Kättare Internet Services Support Team prior to running them. Anyone found to be in violation of this policy risks immediate account termination.

Disk Overages

All Kättare Internet Services accounts come with quota disk space. Should you reach your quota, you can email the Kättare Internet Services Support Team at [email protected] and request more disk space. It is billed at $5/1 GB/month.

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Kättare Internet Services reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a ten (10) days of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Kättare Internet Services via email to [email protected] to request termination of services. All payment is in U.S. currency. Kättare Internet Services will bill each client $25.00 per returned check, per wire transfer received and per credit card chargeback received. All Kättare Internet Services accounts are setup on billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. (which is monthly by default) Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Please contact the accounting department at [email protected] should you wish to change your billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. Kättare reserves the right to charge your credit card for any and all service fees if you go over 60 days due. Additionally, Kättare reserves the right to charge interest at a rate of 1.5%/mo (approx 18% APR) on balances more than 60 days overdue.

Cancellation

Kättare Internet Services reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Kättare Internet Services if Kättare Internet Services institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Kättare Internet Services web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your service, you will be given a full refund of the service amount including setup fees, but excluding domain registration fees, add-on/upgrade fees and overages.No refund is available after the 30th day. If you wish to cancel you can either call, or you can email [email protected]. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Service plans with a contract in place for a given period of time will be responsible for meeting the terms of the contract. If a service cancellation is requested on a contract that is still in effect, you will be responsible for the sum Kattare would have collected in service fees until the expiration of the contract. If the service cancellation is requested because of a service interruption caused by negligence of Kattare staff, Kattare will release you from your contract obligations.

Intellectual Property Rights

Material accessible to you through Kättare Internet Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Kättare Internet Services or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Kättare Internet Services network. If you use a domain name in connection with Kättare Internet Services or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Kättare Internet Services network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Kättare Internet Services will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Server Security

Kättare Internet Services updates software on it's servers on a regular basis. We will always try to notify users at least a week in advance of upcoming software changes, however in instances where security is at serious risk, Kättare will update the software in 24 hours or less, even if it is not possible to notify you before such updates are made. Kättare will not take responsibility for service interruptions necessitated by software security updates unless the software was originally written by Kättare. This policy also applies to dedicated servers and to colocations managed by Kättare staff.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to Kättare Internet Services a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Kättare Internet Services under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Kättare Internet Services shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Kättare Internet Services and Kättare Internet Services reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay Kättare Internet Services prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Kättare Internet Services price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Kättare Internet Services reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Kättare Internet Services to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Kättare Internet Services) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Kättare Internet Services as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Kättare Internet Services will reinstate Customer's domain name registration solely at Kättare Internet Services discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

Kättare Internet Services reserves the right to refuse service to anyone. Customers may only use Kättare Internet Services servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Kättare Internet Services management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Benton County, Oregon, and any dispute will be litigated or arbitrated in Benton County, Oregon. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Benton County Courts.IN NO EVENT SHALL KATTARE INTERNET SERVICES MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD KATTARE INTERNET SERVICES HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST KATTARE INTERNET SERVICES, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS KATTARE INTERNET SERVICES AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH KATTARE INTERNET SERVICES SERVER; (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 CUSTOMER FROM KATTARE INTERNET SERVICES SERVER.

Disclaimer

KATTARE INTERNET SERVICES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. KATTARE INTERNET SERVICES MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. KATTARE INTERNET SERVICES DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY KATTARE INTERNET SERVICES AND ITS EMPLOYEES. KATTARE INTERNET SERVICES RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS, DEDICATED SERVERS, AND COLOCATIONS OF KATTARE INTERNET SERVICES MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.