Terms of Service (TOS)In this document, the terms "we", "us", "our", and "Korax" refer to Korax Inc. The terms "you", "your", and "Customer" refer to the individual or organization purchasing or using Korax services.
This document sets forth the terms and conditions under which you agree that Korax will provide services to you, the Customer. Your use of Korax services signifies that you have read, understood, and agreed to all of the following terms and conditions.
- Korax is a provider of Internet services, offering website hosting, email services, server rental, data storage, file transfer services, and related services.
- Korax will make every reasonable effort to ensure that its services are available at all times.
- Korax provides its services as a common carrier or passive conduit. Korax makes no effort to monitor, regulate or control the content of any information passing through its systems.
- Parts of the Internet may occasionally experience downtime. Korax cannot guarantee connectivity to networks outside of its control at any given time.
- Use of services advertised as "unlimited":
- Korax may at any time offer services advertised as "unlimited".
- The term "unlimited" shall mean that no specific predetermined usage limit is imposed, or no tracking of usage for billing purposes.
- Korax reserves the right to monitor usage patterns and impose reasonable limits on use of its services, notwithstanding the offer of "unlimited" services.
- Any Internet Protocol (IP) addresses assigned to you are the property of Korax, and are assigned on a strictly temporary and as-needed basis. Any such addresses may be changed or withdrawn by Korax at any time and without prior notice, for reasons of administrative or technical nature, or for any other reason as deemed appropriate by Korax.
- Where the service includes an allotment of monthly traffic, you agree that you will be charged $1/GB for traffic in excess of the allotted amount.
- Korax reserves the right to modify, suspend, limit, or restrict access to any service at any time, either during the normal course of system management, or if Korax deems such action necessary to protect its network or servers from harmful activity, or if it has reason to believe that such service is being abused or used for malicious purposes.
- Domain registration services and SSL certificate orders are processed
through Tucows Inc. and are subject to the following Terms and
- Domain name registration services and Whois privacy services are provided in accordance with Tucows Registration Agreement, Exhibit A: http://www.opensrs.com/docs/contracts/exhibita.htm
- Domain name registration services are subject to the ICANN Uniform Domain Name Dispute Resolution Policy (UDRP): http://www.icann.org/udrp/udrp.htm
- GeoTrust SSL certificates are provided in accordance with the applicable GeoTrust Subscriber Agreement: http://www.geotrust.com/resources/repository/legal/
- Domain name renewal reminder notices are sent via email to the listed Administrative Contact email address at 90 days, 60 days, 30 days, and 5 days before expiry. A final notice is sent at 3 days after expiry as mandated by ICANN for generic top-level domains only.
- Domain name registration services are subject to the prices currently in effect as posted at the Korax website.
- Your Obligations
- You are required to maintain complete, correct and up to date contact information with Korax at all times. It is your sole responsibility to maintain this contact information, and to promptly update it in Korax's records when it changes. All communication with you regarding your account, including but not limited to renewal reminder notices, billing issues, technical issues and abuse issues shall take place via email to your contact email address as listed in Korax's records at the time such notice is sent. Under no circumstances will Korax be liable for damages arising from de-activation of your services or deletion of your files, data or email as a result of invalid or outdated contact information.
- You are responsible for all use of and charges resulting from your use of Korax services.
- You agree to promptly notify Korax of any unauthorized use of your account, and to take such steps as are reasonably required to prevent its further occurrence. Should you fail to take appropriate steps to safeguard the reasonable security of your account, Korax reserves the right to suspend the account without notice.
- You are responsible for acquiring and maintaining all equipment and software necessary to connect to and make use of Korax services. Korax specifically disclaims any liability or responsibility for any equipment or software you use to connect to and make use of Korax services.
- You are responsible for maintaining current and complete backups at all times of all of your files, data, electronic mail (email), and any other information stored on Korax's servers.
- All software available on Korax's servers is offered as-is, without any guarantee. It is your responsibility to be knowledgeable in the use of the software and to keep up to date with changes in its functionality, and Korax has no responsibility to instruct you in the use of the software.
- You are solely responsible for taking any and all necessary steps to protect the privacy and security of your files and data, and to prevent unauthorized access thereto. Such steps may include, but are not limited to, the use of password protection, restrictive file and folder permissions, data encryption, and data storage outside of publicly accessible locations. It is your responsibility to become acquainted with the proper steps necessary to protect your data from unauthorized access, and you agree that Korax has no responsibility to instruct you in this regard.
- You are solely responsible for keeping your domain registration data correct, complete and up to date, and to promptly update the registration data with any changes. All communication with you regarding domain registration matters, including but not limited to registration renewal reminder notices, shall take place via email to the Administrative Contact email address listed in your domain name registration at the time such notice is sent.
- You are solely responsible for renewing your domain name registration before the expiration date listed in the domain name registration record, regardless of whether you have received any notice of expiration or renewal reminder from Korax.
- Under no circumstances will Korax be liable for damages arising from de-activation, expiration, deletion or loss of any domain name as a result of invalid or outdated contact information, non-delivery of any notice of expiration or renewal reminder, or failure to renew the domain name registration before the expiration date for any reason.
- Notwithstanding the above, you agree that Korax may, at its option, modify and update the details of your domain name registration on your behalf, as deemed necessary by Korax for the proper maintenance and operation of the domain name.
- You may resell Korax services to your own clients, in accordance with these Terms.
- You will act as the single point of contact for Korax with respect to your clients.
- You acknowledge that this agreement exists solely between Korax and you. You agree that your clients are not a party to this agreement, and that Korax has no obligation whatsoever toward your clients. You assume all liability and responsibility toward your clients or any other third parties to whom you resell or otherwise provide the use of Korax services.
- You assume responsibility for your clients' use of Korax services, including any fees incurred. You agree that any act or omission by any of your clients which would constitute a breach of these Terms and Conditions if committed by you will be deemed a breach by you.
- You agree to fully indemnify, hold harmless, and defend Korax and Korax's owners, officers, employees, agents and representatives from any liabilities and costs arising from (i) any act or omission by any of your clients, and (ii) any claim by any of your clients against Korax or Korax's owners, officers, employees, agents and representatives, with respect to the services provided to you by Korax under this agreement.
- The terms of this Reselling section shall survive the termination, cancellation or expiration of this agreement.
- Indemnity and Limitation of Liability
- Your access to and use of Korax's services is solely at your own risk. Korax does not warrant that its services will meet your requirements, and provides no guarantee of fitness for any particular purpose. Korax disclaims any and all warranties, either express or implied, not specifically described herein.
- Your compensation for non-delivery of service will be limited to that defined in the Service Level Agreement as set forth in this document. You agree that the total amount of any liability or compensation in any event and under any and all claims will not exceed the total fees you have actually paid to Korax to receive the service during the one month period giving rise to such claim.
- Korax is not responsible for any demands, liabilities, losses, costs, and claims, including lawyers' fees, asserted against it or against you as a result of any service or product published or sold through its service, and you agree to defend, indemnify, and hold Korax harmless from any and all such claims.
- Claims for which Korax is not responsible include, but are not limited to, injury to persons or property arising out of services or products published or sold through Korax's service, material infringing on the rights of a third party, copyright or trademark infringement claims, and claims based on the unlawful publication of any material.
- You assume full responsibility and liability for all material published on the Internet through your use of Korax services.
- You agree to fully indemnify, hold harmless, and defend Korax and Korax's owners, officers, employees, agents and representatives in any legal action arising out of your use of Korax services.
- You agree that Korax will not be liable for any damages or consequences resulting from breaches of security or denial of service attacks, delayed delivery or non-delivery of email, harm to your computer system, loss of any files, data, email, or other information, or other harm arising from your use of Korax services, for any reason whatsoever.
- While every reasonable effort is made to ensure privacy of customers' files, data, and email, Korax cannot guarantee privacy.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, KORAX AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSSES, COSTS, CLAIMS, OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR PROFIT, LOSS OF DATA, GOODWILL, REPUTATION, OR OTHER TANGIBLE OR INTANGIBLE LOSS, ARISING FROM (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) NON-DELIVERY OR INTERRUPTION OF THE SERVICES FOR ANY REASON; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, DATA, EMAIL OR OTHER INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR UNDER ANY OTHER LEGAL THEORY OR CLAIM, EVEN IF KORAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- The terms of this Indemnity and Limitation of Liability section shall survive the termination, cancellation or expiration of this agreement.
- You acknowledge that this Indemnity and Limitation of Liability section in its entirety is a material condition of this agreement, and that Korax will not enter into this agreement or provide any services to you in its absence.
- All services offered by Korax are prepaid. No service shall be provided without prior payment for that service. Payment must be received in full with funds available one business day prior to the start date of any new billing period.
- On the purchase of any service by credit card, you agree that Korax may submit charges to the credit card issuer or its agent for service fees on, prior to, or after the first day of each billing period, regardless of the cycle of that period. If payment is not received by Korax from the card issuer or its agent, you agree to pay all amounts owing on demand. You will promptly update the designated credit card in Korax's records with any changes to the account number and/or expiration date. Under no circumstances will Korax be liable for damages arising from de-activation of your services or deletion of your files, data or email as a result of invalid or outdated credit card information.
- All invoices, bills, sales receipts, or otherwise, shall be generated electronically and delivered to you via email or via the Korax website, or as otherwise decided upon by Korax. You agree that all such electronically published material shall constitute your binding record of payment received by or payment owing to Korax.
- You acknowledge sole responsibility for monitoring the balance and activity of your billing account. Your account shall expire and all services become unusable when you have not made sufficient prepayment toward the account, either through neglect, the non-acceptance of credit card charges by your credit card issuer, or for any other reason. You agree that Korax shall not in any way be responsible for any damages resulting from any suspension of service due to insufficient prepayment.
- For Canadian customers, applicable sales taxes will be added to the Customer's amount due.
- Any cheque returned to Korax by the Bank for non-sufficient funds will incur a service charge of $25.00, and Korax reserves the right to require some or all subsequent payments to be made by certified cheque or electronic payment methods.
- Domain registration and renewal fees, SSL certificate purchase and renewal fees, and setup fees are not refundable under any circumstances.
- Any account paid by credit card shall be renewed automatically.
- Some services cannot be renewed automatically. Notice will be sent to you prior to the expiry of such services, and you will be required to take explicit action to renew such services.
- Accounts shall continue to incur regular charges while suspended due to non-payment, violation of the Acceptable Use Policy, or for any other reason. No credit or refund will be provided for account suspension. To reactivate an account suspended for non-payment, the amount owing on the account must be paid in full.
- Notice by Korax to you shall ordinarily be provided via electronic mail to the individual(s) designated as your administrative or technical contact persons in our customer records. Notice by you to Korax shall be provided via the "Send a help request" facility in the Korax account control panel.
- Non-enforcement of this agreement by Korax in whole or in part does not constitute consent, and Korax may enforce this agreement at its sole discretion.
- Lack of use of any service, regardless of reason, shall not relieve you from the terms of this agreement.
- If any term of this agreement is determined to be unenforceable, such term will be revised to the minimum extent necessary to render it enforceable, preserving to the fullest extent permissible the original intent, and all other terms of this agreement will remain in effect.
- This agreement is and shall be binding upon your successors and assigns.
- This agreement may be terminated by Korax at any time by giving you thirty days written notice. If Korax elects to terminate this agreement for any reason other than a violation of these Terms, Korax shall return the remaining pro-rated portion of any pre-paid amount to you, and shall have no further liability to you. Otherwise, the remaining portion of any pre-paid amount is not refundable.
- Korax may terminate this agreement immediately, without refund and without any liability to you in the event of repeated or severe violation of these Terms and Conditions or of the Acceptable Use Policy, or if you are in default of payment.
- You may request termination of your services by providing written notice of cancellation to Korax. Notice of cancellation must be received by Korax prior to the end of your account's current billing period, and shall be effective as of the end date of the current billing period. Your account will remain active until the end of the current billing period. Partial refunds will not be provided, regardless of the date on which you provided notice of cancellation.
- Cancellation as of any date other than the end date of a billing period shall be solely at Korax's discretion.
- Notice of cancellation shall not release you from this agreement until the account has expired and has been closed by Korax.
- Accounts are subject to termination and removal at any time and without notice after expiration or suspension. This includes all files, data, email, and any other content belonging to the account.
- It is your sole responsibility to retrieve all files, data and email from Korax's servers before requesting termination or allowing your account to expire. It will not be possible to retrieve files, data or email from an account which has expired, been suspended or terminated.
- Your obligations
- You may use Korax services only for their intended purpose. Korax grants you access to its servers to perform maintenance work on the websites you are hosting at Korax, and any other use will be deemed inappropriate use. Korax reserves the sole right to determine inappropriate use of its services and to impose restrictions or suspend accounts found to be in violation of this clause.
- You are responsible for maintaining a safe and secure working environment free of viruses, spyware or malware. Korax reserves the right to suspend your access to its services if it suspects unauthorized disclosure or misuse of your account credentials.
- You are responsible for ensuring that all programming code and applications you install on Korax's servers are free of security vulnerabilities. You are required to promptly apply any security updates or patches and to take any other corrective action as necessary to eliminate any known security vulnerability. Korax reserves the right to block access to, disable, or remove any known or suspected vulnerable or malicious software from its servers.
- Access to other services, computing systems or networks through Korax's services must comply with the rules, terms, and conditions applicable to those other services, systems or networks.
- You will contact Korax if you require any clarification prior to engaging in any activity which may be prohibited by this Acceptable Use Policy.
- Prohibited activities
- You may not use Korax services for unlawful purposes. Transmission, publication, or storage of any material in violation of federal, provincial, or local laws is prohibited.
- You may not use Korax services to store, copy, communicate, publish,
promote, distribute, disseminate, circulate, or sell, or receive for the
purpose of the aforementioned, any of the following:
- Unauthorized copyrighted or trademarked material, material infringing on the intellectual property rights of a third party, or material protected by trade secrets.
- Material which is libelous, defamatory, obscene, racist, threatening, or harassing, or which advocates or promotes genocide, or incites hatred against or fear of any identifiable group.
- Any software designed to facilitate the sending of unsolicited mass email ("spam"), or lists of email addresses collected for the purpose of sending spam.
- Any software designed to facilitate attacks of any kind against any computing system or network.
- Any software or data intended to facilitate the circumvention of copy protection.
- Any items, goods, or services whose advertisement, sale, or possession is restricted or prohibited by Canadian law.
- You may not use Korax services in connection with the sending of unsolicited mass email ("spam"). You may not engage in the sending of spam via any means for the purpose of advertising, promoting, or otherwise directing traffic to any website or domain name to which Korax is providing services. Failure to comply with this clause will result in immediate termination of the account without refund, and you will be required to pay a mandatory spam clean-up fee of $200.00 CAD for each incident.
- You may not use Korax shared hosting or Managed Server services to provide access to or use of Korax facilities or services for free to the general public, or to enable, provide services to, or otherwise support the functioning of any software, server, service, or website external to your Korax account.
- You may not use Korax services to operate any service which enables transmission of data between one or more external location(s) via the Korax network ("proxy" service).
- You may not use Korax services in connection with any of the following
- Any actionable activity.
- Any activity which may subject or expose Korax to any liability.
- Any activity which may subject or expose Korax's network, facilities, or services to attack, interference with normal operations, or other hostile intent.
- Any activity which violates the privacy rights of any individual.
- Any activity which may be damaging to Korax's public image, reputation or goodwill.
- You may not use Korax services to impersonate another person or entity or misrepresent authorization to act on behalf of another person or entity. This includes forging or masking of email addresses or otherwise falsifying your identity in any way and for any purpose whatsoever, except where altering such information is expressly permitted. All email sent from your account must have a valid and correct sender email address.
- You may not use Korax services to attempt to undermine the security, integrity, or availability of any computing system or network, or to attempt to gain unauthorized access thereto.
- When using services, facilities, or resources which are shared with other customers, you may not use them in a manner which adversely affects their availability to other customers. The installation or use of "server" processes or background processes on shared servers is specifically forbidden. Korax, at its sole discretion, may at any time limit or suspend your use of its shared services if such action is considered necessary by Korax to ensure equitable use of resources.
- You may not use any information of other customers, such as user names or other identifiers, which may be visible on Korax's servers in the normal course of operation in any manner whatsoever. You agree that Korax will not be held liable should such use occur, and you will promptly notify Korax of any suspected malicious or abusive activity.
- Use of email services
- You will monitor your email accounts and retrieve all new email at least once every ninety days. Korax reserves the right to impose a maximum email storage limit, to refuse further acceptance of new mail if this limit is exceeded, and to deactivate or remove any unmonitored email account. Korax specifically disclaims any liability for any consequences arising from refusal of email or deactivation or removal of unmonitored email accounts.
- Each email account is intended for use by a single individual end-user. Email accounts are not intended to be shared or used by multiple persons at different locations simultaneously.
- Korax services may not be used to facilitate the sending of email from any automated system, server, service, or website external to your Korax account, or to relay outbound mail from any server. Use of any Korax server as a "relay host" or "smarthost" is specifically forbidden.
- The sending of volume email via any Korax server is prohibited, except
as described herein. Mailing to a compiled list of recipients is
permissible provided all of the following conditions are met:
- The mailing is of a genuine business nature; for example, a periodic newsletter to customers or members of an organization.
- All recipients have provided their email addresses directly to the organization and have consented to receive the mailing.
- Every mailing contains: (a) a permission reminder section which clearly states how the recipient's email address was obtained and why the mail was sent to the recipient, and (b) a link to a functioning automated self-serve unsubscribe mechanism.
- The "from" address is a valid, monitored address at the organization's domain name, and the organization's domain name is hosted in your account.
- Notwithstanding the above, to prevent abuse and ensure reliable deliverability of outgoing mail, Korax reserves the rights to impose maximum hourly and daily sending limits, to impose recipient limits, and to disallow any mailing activity which has caused blocking or blacklisting of any Korax server, or which has generated complaints or which in Korax's opinion is likely to generate complaints.
- Sending mail of a primarily advertising nature, sending mail to any list containing email addresses which were purchased or otherwise obtained from a third party, or sending bulk mail under any other circumstances, is specifically forbidden.
- Remedies and indemnification
- Korax reserves the exclusive right to determine when a violation of this Acceptable Use Policy has occurred.
- In the event of a violation of this Acceptable Use Policy, Korax may,
in its sole discretion, take any of the following remedial actions,
depending on the nature and severity of the violation:
- Issue a warning.
- Suspend or restrict your use of the service.
- Remove any material from its servers which is in violation of this Policy.
- Terminate your service without refund.
- You agree to fully indemnify, hold harmless, and defend Korax and Korax's owners, officers, employees, agents and representatives from any costs, claims, losses, or damages arising from any consequences of any violation of this Policy, including any remedial action taken by Korax under this Policy.
This Service Level Agreement (SLA) guarantees that your service will be available at all times. If your service is unavailable according to the conditions described below, you are entitled to a credit to your billing account to be applied to future payments.
To receive SLA credits, customers must make a request using the "Send a help request" function of Control Panel within two days of the outage. The customer's billing account will be credited the pro-rated amount for one day of the regular monthly charge of the affected service, for each hour or portion of one hour during which the service was unavailable. The maximum SLA credit amount will be the amount of the regular monthly charge of the affected service. Credits are issued to customer billing accounts, to be applied to any future bill. SLA credits are not cash redeemable.
Unavailability of service is defined as inability of website visitors to access hosted websites through the HTTP protocol, and is limited to unplanned outages within the Korax network. Issues beyond the control of Korax for which SLA credits aren't issued include force majeure, outages outside the Korax network or in the Internet at large, latency on the Internet path between the Korax network and another location, breaches of security or denial of service attacks, any failure caused by software, hardware, or configuration under the customer's control, or for scheduled maintenance.
Scheduled maintenance is work that may cause service interruptions, and which is scheduled to be performed by Korax with at least twenty four hours of advance notice. Official notice of scheduled maintenance will be posted at the Korax website.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. These Terms and Conditions and the services they describe, and all fees for such services, may change at any time and without notice, and such changes shall become binding once posted at the Korax website. The Customer is responsible for reviewing these Terms and Conditions periodically. Use of Korax services constitutes full acceptance and binding agreement to these Terms and Conditions.