This Agreement explains the terms and conditions governing your use of the services made available to you by Oksima Plus s.r.o., hereinafter called "Oksima Plus" or "We". It represents the whole agreement and understanding between Oksima Plus and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement". The "KSM Host" is label owned by Oksima Plus.
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Oksima Plus may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Oksima Plus believes is harmful to the business of Oksima Plus or the use of the Service by others or is harmful to any other party.
Oksima Plus reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this web site - http://ksmhost.net. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Oksima Plus provides basic web hosting and email services to all Members who purchase domain registration services from Oksima Plus for the duration of their domain registration term (see Section 3) or have paid the one-time Transfer Hosting Fee.
All Members should respect limitations of all listed hosting plan and do not exceed quota limits. If any Member exeeds any limit declared in the appropriate hosting plan this is the subject for switching to a greater hosting plan or additional payments for over-used quotas. Access to the web and email server space must be returned to Oksima Plus upon expiry of the "Service".
Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.
All Oksima Plus web hosting accounts point to a "Coming Soon" web page by default when activated. This page informs visitors that the Member has recently setup their account with Oksima Plus. The Coming Soon web page may be removed by the Member at any time once they have access to the web server. The "Coming Soon" web page may include such things as, without limitation (i) links to additional products and services offered by Oksima Plus, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
All page error requests (such as 403 errors or 404 errors) direct traffic to a default Oksima Plus error page. This page informs visitors that the page they are looking for cannot be found and it may include such things as, without limitation (i) links to additional products and services offered by Oksima Plus, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
Oksima Plus's email service provides you with the capability to send and receive email via the Internet. The service includes the ability to use several email accounts each (depends on selected hosting plan) with hosting plan depandable email storage space. Oksima Plus retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As owner and/or operator of the equipment and other resources utilized to provide services, Oksima Plus has the legal right to block electronic communications from other entities on the Internet.
Oksima Plus relies on the support of its sponsors and advertisers to help offset the cost of Services offered to Members. You acknowledge that as part of your Oksima Plus service, advertisement sponsored email newsletters may be sent to Members and Oksima Plus email service email accounts.
All outgoing email messages being sent from Oksima Plus servers may carry an email footer "Trailer Message" which may identify Oksima Plus as your service provider as well as promote services offered by Oksima Plus or services offered by third parties.
Domain Forward is service provided to all Oksima Plus Members which provides the capability to re-direct visitors from a Oksima Plus hosted website to another website or URL (uniform resource locator) location "Forward Destination" via HTML meta tag function.
You acknowledge and agree that your use of Domain Forward is subject to the terms of this Agreement. You further acknowledge and agree that you may use Domain Forward to link your domain name to a Forward Destination, but you may not use Domain Forward for unlawful purposes, in violation of any applicable laws or regulations, in violation of Oksima Plus rules or policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid Forward Destination.
As part of the Service, Oksima Plus may provide its Members with access to the Oksima Plus Hosted Applications. The Oksima Plus Hosted Applications include, but are not limited to, the following:
Oksima Plus offers Members basic web hosting and email services for the duration of the domain registration period purchased from Oksima Plus.
Members who transfer their domain registration to another service provider and do not renew domain registrations with Oksima Plus are not eligible to further receive Services without payment of the one-time $35.00 Transfer Hosting Fee.
Oksima Plus offers domain registration and renewal services in partnership with ICANN accredited registrars MindGenies Inc. Oksima Plus processes domain registration and renewal services through this respective registrar at its discretion.
In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries. Domain Registration Agreements can be found on the website of our domain registration service provider MindGenies Inc. at: http://www.in2net.com/Legal/DRA/
Members who have purchased domain name registrations from other service providers may receive Oksima Plus Services, without any term restriction, upon the payment of the one-time Transfer Hosting Fee (referred to as "Transfer Hosting Fee", all prices and fees can be found at our price list ).
Transfer Hosting Fee DOES NOT include transfer of domain registration to Oksima Plus and does not extend domain registration term. Domain renewal remains the responsibility of each Member and their respective domain registration service provider.
All Oksima Plus fees and charges are quoted and billed in US dollars, Euros, or Czech Korunas unless otherwise noted.
Members have the option to pay services fees in US dollars, Euros, or Czech Korunas, or any other currency which is supported by the payment processor used by Oksima Plus to process online payments. If not liasted billing currency is selected, Member will be charged the Czech Korunas equivalent of the currency total at an exchange rate which is the subject to be set by a payment processor used by Oksima Plus
Hosting services provided to EU Members (where a EU Member address is listed) are subject to VAT (Value Added Tax). Hosting services provided to BC Members (where a BC Member address is listed) are also subject to PST (Provincial Sales Tax). .CZ domain name registrations and renewals are subject to VAT.
Service Fees are due at the time of order or on the day of renewal. All fees must be paid in full.
If payment cannot be processed for new domain registration or optional feature upgrade requests, Members will have the opportunity to update payment information. The request will be declined if payment cannot be successfully processed in 72 hours.
If payment cannot be processed for the Transfer Hosting Fee or optional feature renewal, Members will have the opportunity to update payment information. The account will be suspended if payment cannot be successfully processed in 72 hours. Re-activation service charges will apply (see below).
Members using optional feature who upgrade their hosting services will have the pro-rated value of their prepaid fees credited towards the new service fees.
Oksima Plus reserves the right to modify service fees and rates effective upon posting on the Oksima Plus website and/or on this Agreement.
Oksima Plus uses an automated payment processing system and only accepts credit card payment at this time. All Members are required to provide the payment processor with valid a credit card number for processing of any applicable Service Fees.
Oksima Plus does not collect any credit card numbers or any private payment information. We totally relay on the third parties payment processor to perform all payment related transaction and verify all payment details provided by Members.
Invoices for all Oksima Plus services can be found in the Member Zone control panel located at https://services.ksmhost.net/.
Billing inquiries and disputes should be brought to Oksima Plus attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate.
If chargeback or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to chargeback service charges.
Furthermore, if chargeback or charge dispute notices are received for a domain registration fee or domain renewal fee payment, Oksima Plus retains the right to take over the ownership of the corresponding domain name until the chargeback or dispute issue has been resolved.
Oksima Plus offers Members basic web hosting and email services for the duration of the domain registration period purchased from Oksima Plus. Members who have paid the Transfer Hosting Fee have no term restriction to Services.
Optional Feature(s) or paid hosting service(s) are paid services with 6 months term unless noted otherwise. Renewal notices will be sent to you approximately 2 weeks prior to service expiry. In the absence of cancellation notification from you, the Service will be renewed for a successive term.
You may request to cancel your Oksima Plus hosting account(s) at any time without any fees or obligations. Domain registrations purchased through Oksima Plus cannot be cancelled. Domains will remain active until the end of the registration term.
Domain names which have opted in to the automatic domain renewal service will be automatically renewed for the minimum term available for that domain type at the normal renewal rate five (5) days prior to domain registration expiry date. You will be solely responsible for all renewal costs and for any other costs in doing so.
Your Service may be terminated by Oksima Plus under the following circumstances (non-exclusive list):
In such termination(s) all Member Services are removed from Oksima Plus servers including data contents.
When you apply to use Oksima Plus services, you will be asked to select a Member ID and password. The Member ID and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and password you select from any unauthorized use. IN NO EVENT WILL OKSIMA PLUS BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.
You are responsible for maintaining accurate account information at all times including contact information.
Oksima Plus does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the Oksima Plus network or promoting information on websites hosted by Oksima Plus will be considered in breach of this Agreement and Suspended from the Service immediately.
Your use of the Service must be in compliance with Czech laws and laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.
The following is a non-exclusive list of content and behavior prohibited by the Service:
You agree that, unless other instructions are posted on Oksima Plus's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by United Parcel Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Oksima Plus posted on the Oksima Plus website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
The Oksima Plus Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL: http://www.ksmhost.net/.
Email newsletters will only be sent directly from Oksima Plus and Member information is not disclosed or sold to any third parties.
Oksima Plus reserves the right and sole discretion to:
(i) Censor any website hosted on its servers that is deemed inappropriate;
(ii) Review any accout for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;
(iii) Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information;
(iv) Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Oksima Plus or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
(v) Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar distructive activities; and other activities whether lawful or unlawful that Oksima Plus determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
(vi) Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. Oksima Plus makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Oksima Plus is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Oksima Plus.
For greater certainty and without limitation to the generality of the following:
(i) in no event will Oksima Plus be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
(ii) Oksima Plus, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
(iii) in no event shall Oksima Plus be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Oksima Plus harmless from and against, and to reimburse Oksima Plus with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Oksima Plus by reason of or arising out of or in connection with:
(i) any breach of this Agreement by you or;
(ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
(iii) illegal, pornographic, or discriminatory content on your website.
Oksima Plus will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
Oksima Plus does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
These Terms and Conditions, as may be updated from time to time and posted at, http://www.ksmhost.net/terms.html, represent the complete agreement and understanding between us with respect to the Service and supercedes any other written or oral agreement.