This policy represents the Knight & Owl (formerly 3rd Host) Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service that all Knight & Owl customers agree to when they sign-up for any of the Knight & Owl website hosting services. Knight & Owl reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using website hosting services offered by Knight & Owl agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Knight & Owl. Knight & Owl retains the sole discretion to make a judgment regarding any violation by any Knight & Owl customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Knight & Owl maintaining one or more accounts (each “Account”), you, as the Knight & Owl customer, agree to the following terms of service.
Definitions
- “We,” “Us,” “Provider,” “3rdhost,” “knightandowl.com,” “Knight & Owl,” “KO” &emdash; Knight & Owl
- “You,” “Your,” “Client,” “Customer,” or “Member,” &emdash; Each person or entity who applies for web hosting service, or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
Website hosting relies on a complex network of hardware, software, network services, and physical utility providers. Due to the need for an aggregate of all of these providers and service companies working properly, not all services may be available to you at all times.
Knight & Owl, however, offers a 99.9% uptime guarantee. This is valid for only the Knight & Owl data server providers and our primary co-location internet connection. Knight & Owl shall pursue partnerships with all tier-1 resources and channels available to maintain maximum uptime. Currently, Knight & Owl obtains tier-1 website hosting from Green Geeks. Both Knight & Owl and Greek Geeks are not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of their capability to directly correct. A simple example would be service interruptions due to weather, or electrical utility power failures.
Knight & Owl clients are diverse and their websites and the functions of those websites are diverse, and Knight & Owl cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, becoming the target of a DDOS attack, or any other internet or cyber attack.
KNIGHT & OWL MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Knight & Owl nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Knight & Owl, even if Knight & Owl has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL KNIGHT & OWL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF, OR IN RELATION TO, THIS AGREEMENT OR YOUR USE OR INABILITY TO USE KNIGHT & OWL SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF KNIGHT & OWL SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF KNIGHT & OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KNIGHT & OWL’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO KNIGHT & OWL FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KNIGHT & OWL’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold Knight & Owl and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Knight & Owl. servers. Such liabilities may include but are not limited to, those arising from the following:
- with respect to your business,
- infringement or misappropriation of any intellectual property rights;
- defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
- spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
- any damage or destruction to Knight & Owl. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;
- any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Knight & Owl. gross negligence or willful misconduct; and
- any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the Province of Ontario without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Ontario Court of Justice of the Province of Ontario, City of Brampton. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defence of any kind related to jurisdiction or venue.
Services Provided By Knight & Owl
Knight & Owl will provide internet server space rental (“the Service”) to its clients for the express purpose of allowing customers to provide HTTP Internet content to the general public. The Service allows Knight & Owl clients to maintain internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Knight & Owl clients will use the provided services in a manner consistent with any and all applicable laws. Knight & Owl provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content or data other than as necessary to provide such Services. Knight & Owl reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the violations described throughout this agreement are committed, Knight & Owl can terminate the client’s account without notification.
Knight & Owl provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with Knight & Owl you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Knight & Owl and any employee or contractor of Knight & Owl.
Knight & Owl may send e-mails from time to time regarding your account. You may not unsubscribe from these e-mails as they may contain information critical to the functionality of your account.
Client Content
As a Client you agree that web pages and files uploaded to Knight & Owl servers will not violate any provincial, national, or foreign, laws or regulations; infringe on any intellectual property rights of Knight & Owl or any third party; contain sexually explicit material; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Knight & Owl or any third party. Customers may not run IRC, bots or clients.
Clients may not use Knight & Owl servers for file storage unrelated to the client’s website, storage Space is for active web pages only.
You may not act as a reseller of Knight & Owl services, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Knight & Owl.
Unacceptable uses also include, but are not limited to, bulk emailing, unsolicited emailing, newsgroup spamming, pornography or links to related sites, copyrighted content of any kind, illegal content, copyright infringement, trademark infringement, warez, torrents, cracks, software serial numbers, proxy(ies), image/file sharing websites, and hate speech/crimes or the promotion of.
Knight & Owl will be the sole and final arbiter as to what constitutes a violation of this policy. Knight & Owl does not normally monitor the contents of clients’ servers, however, if suspicion occurs, Knight & Owl reserves the right to investigate and terminate the clients’ subscription to the service.
No “Spam”
UCE/UBE or “Spam” originating from a server located on our network or associated with a Knight & Owl’s server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Knight & Owl network but is sent from an e-mail address not associated with that Knight & Owl account. Clients shall not use their Knight & Owl services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Knight & Owl reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Excessive Exploits
Knight & Owl allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is your responsibility to maintain the latest exploit free version of said scripts. If a script you’ve uploaded to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” any site(s) it is your responsibility to either remove that script or Knight & Owl (and/or Knight & Owl’s hosting supplier, GreenGeeks) reserves the right to terminate that clients’ account and provide them with a prorated refund.
False Information
Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service providers contact Knight & Owl concerning unethical, false or unlawful activities by you, Knight & Owl reserves the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third-party software in connection with Client’s use of the Services.
Backup Files
Knight & Owl provides the tools needed to create backups of account data. Knight & Owl’s hosting provider, GreenGeeks, also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed-up data. Knight & Owl does not provide or keep records or copies of our clients’ website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. Knight & Owl does not offer backup of virtual private servers and/or Dedicated Servers.
Payment Obligations
Full payment is required in advance before hosting service is established. Knight & Owl sends out invoices that are due every pay period (typically annually). You are given seven (7) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Knight & Owl may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Knight & Owl prior to the renewal date. Although Knight & Owl sends renewal notices prior to the renewal date, because of the ability for a customer to change their contact email addresses without notifying Knight & Owl, the customer is ultimately responsible for remembering their renewal date and making sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
Currency
All prices are in Canadian Dollars ($), for all services. Servers are located in the USA unless otherwise specified.
Cancellation, Refunds, & Data Downloading
Should you become dissatisfied with our services within the first 30 days of your account activation, Knight & Owl will refund your hosting fee subject to the money-back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may, however, cancel your account at any time to ensure that your account is not renewed. You will need to contact us and verify the information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts that have negative balances will be required to pay the said balance or be sent to collections and all services will be terminated.
In addition, refunds are not available for additional services such as, but not limited to SSL certificates, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
Website files are the responsibility of the Knight & Owl customer and should a customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Knight & Owl servers prior to requesting that Knight & Owl cancels their account. Once the cancellation request has been submitted to Knight & Owl a cancellation of the website hosting service may occur any time after the request is received by Knight & Owl and when a cancellation request is completed the client’s hosting account with Knight & Owl and their website files are permanently and irreversibly removed from the Knight & Owl servers. Therefore the client must ensure that they have downloaded their website files and any emails from the server before their cancellation request.
99.9% Service Level Agreement “SLA”
By way of its tier-1 hosting provider, GreenGeeks, Knight & Owl offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Knight & Owl will try to maintain maximum uptime. Knight & Owl is not responsible for any downtime caused by the client.
30-Day Money-Back Guarantee
Knight & Owl offers an unconditional 30-day money-back guarantee that covers cancellations on shared hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. The customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement.
Any questions regarding the 30-day money-back guarantee should be forwarded to hello at knightandowl.com.
Unlimited Features
What we mean by “unlimited disk space and bandwidth/data transfer”
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited.” We want you to have the resources available to you to build a great online presence. This is done within reason and is subject to change at any time as Knight & Owl obtains this service from Green Geeks, our tier-1 hosting provider.
Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to the normal operation of a personal or small business website.
If a customer’s hosting account is found to have violated the client Excessive Resource User Policy and/or is storing files for archiving purposes, the contents will be removed. While we put forth our best efforts to contact customers beforehand, removal can occur without notice.
