Web hosting and email service terms and conditions
Definition of terms
“TechKnowPartners” means “TechKnowPartners, LLC,” an Arizona Limited Liability Company with primary place of business at 4659 South Lakeshore Drive, Suite K, Tempe, Arizona 85282. In this agreement, “us” and “we” refers to TechKnowPartners.
“Customer” and/or “client” - recipient of products and/or services provided by TechKnowPartners. This agreement relates to customers of TechKnowPartners' Host Star web hosting and email services.
Acknowledgment and acceptance of terms and conditions of services
These terms and conditions comprise the entire agreement between TechKnowPartners and the customer for the Host Star service. The use of TechKnowPartners' Host Star service constitutes an affirmative agreement by the customer to be bound by these terms and conditions. The agreement is in effect from the day the customer initiates the service.
Agreement
The customer accepts that use of the service signifies that they have read, understand, acknowledge, and agree to be bound by this agreement, and TechKnowPartners general terms and conditions, which are bound in by reference. Nothing in this agreement is deemed to confer any rights or benefits to any party. A customer should not use the Host Star service if they do not agree to be bound by these terms and conditions.
Modifications to scope of services and terms and conditions of services
TechKnowPartners may at our own discretion modify the scope of or discontinue of services and the associated pricing from time-to-time without notifying customers, and will issue a new services rate card. We shall not be liable to any party as a consequence of modifying or discontinuing our services and associated pricing.
Best efforts basis
TechKnowPartners provides services on a best efforts basis.
Description of the Host Star service
TechKnowPartners provides the Host Star service to its customers for a monthly fee. Through Host Star, TechKnowPartners provides web hosting and email services to its customers, provided that they abide by these terms and conditions. The Host Star service may include the use of third-party applications, such as blogging, content management, customer relationship management, web development tools, wikis, etc. for which TechKnowPartners makes no warranties whatsoever.
TechKnowPartners grants the customer a non-exclusive, royalty-free license to display and transmit website content via the internet on a global basis from servers operated by us. By using the service, the customer accepts this license.
Availability of the Host Star service
TechKnowPartners attempts to provide the service on a twenty four (24) hour per day, seven (7) day a week basis throughout the monthly fee period. However, the customer acknowledges and agrees that the service may be inaccessible or inoperable from time to time for any reason including hardware, network, and software failures, power outages, routine maintenance, and unscheduled maintenance. TechKnowPartners may have no control over any or all of such circumstances. TechKnowPartners is not responsible for problems arising from the customer's inability to access their site, due to connectivity and network problems at their internet service provider or across the internet in general.
TechKnowPartners offers a service uptime guarantee of 99.9% of available time as calculated by TechKnowPartners on a monthly basis. If TechKnowPartners fails to maintain this level of service availability, the customer may request a 5% credit of the monthly hosting fee for that month, to be applied to further or future products and/or services provided by TechKnowPartners, exclusive of applicable taxes. This credit does not apply to scheduled maintenance performed by TechKnowPartners or our suppliers, customer initiated errors, and causes beyond TechKnowPartners control.
The Host Star service is provided on a monthly pre-paid basis, unless otherwise negotiated. Upon expiration of the pre-paid period, TechKnowPartners will automatically renew using the same payment method for the same period of time. It is the customer's responsibility to terminate the service and inform TechKnowPartners as such. It the customer fails to renew, TechKnowPartners has the right to destroy all materials associated with the customer's website. However, TechKnowPartners will make reasonable efforts to contact the customer before doing so.
In every respect, the service rendered under this agreement is intended for web hosting only, and is not intended to be for any other service. In no way should any web hosting interfere with the operation of TechKnowPartners' servers.
Content of hosted websites
The customer is entirely responsible for providing the content for their website including, but not limited to audio, data, graphics, text, video, domain names and code. However, the customer acknowledges that it may be necessary for TechKnowPartners to modify the website, including removing material, in order to comply with this agreement and/or to function properly. Customer agrees that under no circumstances shall the website or any related email contain illegal content, or material related to gambling, hacking, pornography, or hate-related violence.
The customer bears the full responsibility for the storage of materials on their website and their related security. TechKnowPartners' hosting servers are not an archive. The customer bears the full risk of damage or loss, and is fully responsible for backing up their site on a regular basis including web content and databases. The customer is fully responsible for protecting usernames and passwords and preventing unauthorized access to their site. TechKnowPartners does not provide any backup service on behalf of customers unless separately negotiated.
Use of backup services
TechKnowPartners may provide additional features, such as the use of backup services. The customer acknowledges that there may be downtime associated with the installation and use of such services. The customer acknowledge that the use of such services may be subject to the availability of bandwidth and disk storage according to the level of service offered. Such services are an integral part of the Host Star service.
Indemnification
The customer agrees to indemnify and hold harmless TechKnowPartners and its affiliates (and their respective agents, dealers, directors, employees, members, and managers) against and from any and all actions, claims, damages, judgments, and losses resulting from their breach of this agreement; infringement of intellectual property rights; failure to comply with applicable laws and regulations; and acts of omission.
Limitations of liability
TechKnowPartners shall not be liable for any delay or failure in performance due to causes beyond our control. We reserve the right to cancel a customer's account and refund any payments made, in whole or in part, if we believe that we are unable to perform the work due to functional or technical limitations.
We shall not be liable for any consequential or incidental damages resulting from the use or inability to use our services including without limitation loss of use, loss of data, loss of functionality, loss of capital, and loss of equipment, no matter however caused, whether by our negligence or otherwise.
Disclaimer of warranties unless otherwise stated
The customer agrees that the use of any TechKnowPartners' service is at their sole discretion and risk. All services are provided on an “as is or available” basis.
Termination
Either TechKnowPartners or the customer (or both) may terminate any service offered by us for any reason by giving written notice to the other party. Upon termination, the customers right to benefit any service immediately ceases. The customer shall have no rights to any service that has been terminated and we shall have no obligations thereafter.
Time zone
All times are quoted as Mountain Standard Time unless otherwise stated.
Governing law
The terms and conditions of service shall be in accordance with the laws of the State of Arizona. Both the customer and TechKnowPartners agree to the exclusive jurisdiction of the courts in Phoenix, Arizona.
Both the customer and TechKnowPartners agree that any cause of action arising from or related to our services must commence within one year after the cause of action arose; or else such cause of action is permanently barred from the courts.