1. Services and Account Management #
Subject to the terms of this Agreement, KnownHost agrees to provide web hosting and associated services as specified in the Order, contingent upon the Customer’s successful completion of KnownHost’s credit approval process. KnownHost reserves the right to modify its service offerings, with notice provided according to this Agreement.
- Account Creation and Maintenance: To use our services, the Customer must create an account (“Account”). The Customer is solely responsible for maintaining accurate, current, and complete account and contact information, including for WHOIS records when applicable. The Customer represents that all provided information is accurate and, if representing a business, designates a Primary Customer Contact authorized for all account-related matters. Any instructions received from the designated Primary Customer Contact will be relied upon by KnownHost until written notice of an update is received.
- Account Security and Responsibilities: The Customer is responsible for safeguarding account login credentials and access information, including any sub-user accounts created. Unauthorized access to the Customer’s Account due to misuse or failure to secure credentials is solely the Customer’s responsibility. KnownHost may assist in restoring access at its discretion, potentially involving administrative fees. We recommend enabling additional security measures, such as 2-Factor Authentication, and specifying a recovery email to protect account access. The Customer further agrees to comply with all applicable laws in connection with the use of KnownHost’s services and to adhere to KnownHost’s Acceptable Use Policy ("AUP"), which is incorporated by reference and subject to periodic updates.
- Information Updates: The Customer must promptly update account and WHOIS contact information to keep it accurate and complete. KnownHost reserves the right to suspend or terminate services for failure to maintain updated information. Additionally, if information is determined to be intentionally misleading, KnownHost may terminate services immediately without refund.
- Domain and WHOIS Information: The Customer agrees that WHOIS data associated with domain names may be shared with ICANN, registry administrators, and other third parties as required by ICANN policies or applicable laws. KnownHost may publish certain domain-related information in publicly accessible WHOIS databases or disclose it as required by law.
- Access and Additional Authorized Users: The Customer may create sub-accounts or designate account managers with limited or full access to specific account features. By setting up sub-users, the Customer grants these individuals authorization to manage the account as configured. The Customer is solely responsible for any changes requested or made by sub-users, including actions that may affect service settings, billing, or account security.
- Successor Access: The Customer is responsible for ensuring that designated beneficiaries or successors have appropriate access to the account in the event of the Customer’s death or incapacity. KnownHost will exercise discretion in working with beneficiaries, subject to necessary privacy and security measures. However, access may be restricted or temporarily locked to ensure account integrity.
2. Term #
The initial term of this Agreement ("Initial Term") begins on the date KnownHost sends an email to the Customer confirming account activation (the "Service Commencement Date") and lasts for the duration specified in the Order. Unless either KnownHost or the Customer provides written termination notice at least 7 days before the end of the Initial Term or any subsequent renewal period, this Agreement will automatically renew for successive terms equal in length to the Initial Term (each a "Renewal Term"). The Initial Term and any Renewal Term(s) are collectively referred to as the "Term."
3. Payments #
(a) Recurring Fees #
Renewal notices will be emailed to the Customer seven days prior to the renewal date. For accounts with a credit card on file, the card will automatically be charged two days before the renewal date. By keeping a payment method on file and not submitting a cancellation request before the renewal date, the Customer expressly authorizes KnownHost to process these automatic renewal payments. If PayPal is the selected billing method, the Customer must manually submit payment each month. All payments are non-refundable, except as provided under the 30-day refund policy.
Accounts that are more than seven days past due will be made inactive. KnownHost reserves the right to revoke this seven-day grace period if late payments become habitual or if a non-credit card payment method is selected. A $10.00 late payment fee will be applied to any account made inactive due to non-payment. Additionally, any account terminated due to non-payment is subject to a $10.00 restoration fee, payable once all outstanding invoices are settled.
The term "Account" refers to all services provided to a Customer, as identified by the primary ownership email and physical address on file.
(b) 30-Day Money-Back Guarantee and Refunds #
KnownHost offers flexible payment terms with increasing discounts for longer billing cycles (e.g., Quarterly, Semi-Annual, Yearly). All payments are non-refundable after the first 30 days of service.
30-Day Money-Back Guarantee
New KnownHost Customers may request a full refund within the first 30 days of service. This guarantee excludes Dedicated Servers, Domain Name Registrations, and SSL Certificates. A "new customer" is defined as someone who has never previously purchased services from KnownHost. Customers who purchase additional hosting packages (e.g., a 2nd or 3rd package) are not eligible for a refund on those additional packages.
(c) Changes to Billing Cycles and Refund Exclusions #
- Billing Cycle Adjustments: If the Customer initially purchases a Quarterly, Semi-Annual, or Yearly plan and requests a switch to a Monthly plan within the first 30 days, any remaining balance may be refunded to the original payment method, or issued as an account credit. After the first 30 days, any billing cycle change requests will result in an account credit rather than a refund.
- Adjustment Before Renewal: Customers may adjust payment terms before the renewal date without charge, provided the renewal payment has not been processed. For cancellations of Quarterly, Semi-Annual, or Yearly plans before renewal, the service will be pro-rated to the nearest Monthly cycle, with any remaining balance credited to the account.
- Refund Exclusions The 30-day money-back guarantee is void if the Customer exceeds the bandwidth limit or violates the TOS or AUP within the first 30 days. Any cancellation resulting from a violation of the TOS or AUP is non-refundable. KnownHost reserves the right to deny refunds if, at its sole discretion, evidence of abuse of services is found.
(d) Payment Issues and Chargebacks #
If a chargeback is initiated or if KnownHost suspects an imminent chargeback, we may suspend all account access, including domain registrations. Reinstatement of services is at KnownHost’s discretion and may require payment of all outstanding fees, any related chargeback fees incurred and a reinstatement fee. To avoid service interruptions, contact KnownHost directly if you have any concerns with a charge before initiating a chargeback with your payment provider.
(e) Credit/Debit card and your Address on File #
When an order is placed using a credit or debit card, the card information will be securely stored on file, and the Customer authorizes KnownHost to automatically charge this card for subsequent renewals, two days before the service due date. For security, the billing address on file with KnownHost must match the card’s billing address. If there is a mismatch, the payment gateway will decline the transaction.
For credit cards, a declined transaction may appear as a pending charge but will not be processed. For debit cards, if the transaction is declined due to an address mismatch, the bank may temporarily withdraw the funds but will refund them back to the account. We recommend using a credit card instead of a debit card to avoid potential holds on funds.
(f) Payments by Electronic Check (eCheck or ACH) #
KnownHost accepts electronic check (eCheck) or ACH payments from U.S.-based banks, payable in U.S. dollars only. KnownHost does not accept paper checks as a form of payment. When you provide eCheck or ACH information, it is securely stored on file, authorizing KnownHost to automatically debit the invoiced amount every month, two days before the due date. If you wish to disable recurring payments for your ACH account, please follow the directions here: knownhost.com/kb/how-to-add-ach-payments
It is the Customer's responsibility to ensure sufficient funds are available in the account to cover all invoices. KnownHost is not liable for any fees, overdraft charges, or penalties arising from insufficient funds. KnownHost will attempt to process the ACH payment up to two (2) times per month; if both attempts fail, the auto-debit feature will be disabled. A $5 fee applies for each failed payment attempt, and a $35 fee applies for any chargeback associated with an ACH payment.
(g) Taxes #
At KnownHost’s request, the Customer shall remit to KnownHost any applicable sales tax, VAT, or similar taxes imposed on the provision of services, excluding income taxes owed by KnownHost. This obligation applies even if KnownHost does not collect the tax at the time the services are provided.
(h) Payments Dedicated Servers #
The 30-day money-back guarantee does not apply to Dedicated Servers. Renewal notices are emailed seven days before the service due date. If you have a credit card or ACH account on file, it will be automatically charged two days before the renewal date. If PayPal is your billing method, you must manually pay your invoice each month by the due date at 12 PM EST.
All renewals processed via credit card are expected to succeed on the charge date. If payment is not received by the due date, KnownHost reserves the right to suspend your entire account. The term “Account” includes all services provided to the Customer, as identified by the primary ownership email and physical address.
If payment is still not received by the 7th day past the due date, KnownHost reserves the right to terminate the service entirely and reformat the server.
(i) Service Upgrades #
The Customer agrees to maintain any service or license upgrades for a minimum of 30 days or one full billing cycle, whichever is shorter. This requirement applies to purchases of add-on software, license upgrades, package upgrades, and physical upgrades to dedicated servers, such as hard-disk or RAM upgrades.
4. Cancellation and Early Termination #
The Customer acknowledges that service fees are based on their commitment to pay for the entire Initial Term or any Renewal Term, as applicable. If KnownHost terminates this Agreement due to the Customer's breach under Section 5 (Termination), or if the Customer terminates the service for any reason other than a material breach by KnownHost under Section 5, all unpaid fees for the remainder of the Initial or Renewal Term will be due on the next business day following termination.
To avoid incurring charges for the next term, the Customer is required to submit a cancellation or downgrade request prior to the upcoming renewal date. Cancellation requests are subject to the following requirements:
- Must be submitted to KnownHost's billing department.
- Must come from the primary email address on file.
- Must include the main IP address and hostname of the hosting plan to be canceled.
5. Suspension and Termination #
KnownHost reserves the right to suspend or terminate services for violations of applicable laws, the AUP, or any policy incorporated by reference in this Agreement, with or without notice, and without liability. Services may be suspended or terminated for causes such as payment irregularities, policy violations, or any action deemed harmful to KnownHost’s network. The Customer may terminate this Agreement before the end of the Initial or Renewal Term if KnownHost materially fails to provide services as specified and does not resolve the issue within ten (10) days of receiving a written notice detailing the failure. Termination by the Customer under these terms does not relieve the Customer of any outstanding payment obligations for the Initial or Renewal Term.
Both parties may terminate this Agreement with five (5) days' advance notice if the other party admits insolvency, assigns assets for creditors’ benefit, files for bankruptcy, or has a trustee or receiver appointed over significant assets.
6. Expiration and Renewal of Services. #
The Customer is solely responsible for monitoring expiration dates for all domain registrations and other services, as well as ensuring that payment information is accurate and up-to-date for any services set to auto-renew. KnownHost may, as a courtesy only, send renewal notices via email or within the Customer’s account; however, this is not guaranteed, nor is KnownHost liable if such notices are not received. Renewal fees must be paid using a valid credit card, account funds, PayPal, or other approved payment methods.
For services designated for auto-renewal, KnownHost may attempt to process renewal payments before the expiration date, but only if current billing information is available. It is the Customer’s full responsibility to maintain updated billing information to avoid service interruptions. KnownHost is under no obligation to contact the Customer if payment processing fails due to outdated or inaccurate billing details. Failure to maintain accurate billing information may result in the lapse or cancellation of services without further notice.
7. Bandwidth Usage #
Each hosting package includes a specific monthly bandwidth allowance, which varies by package. If your account exceeds this allowance, KnownHost reserves the right to:
- Suspend the account until the next monthly allocation begins;
- Suspend the account until additional bandwidth is purchased at an extra fee;
- Suspend the account until you upgrade to a higher-tier package;
- Terminate the account; and/or
- Charge an additional fee for bandwidth overages.
Bandwidth overages are billed at a rate of $20 per TB. Unused bandwidth does not carry over to the following month. Exceeding the bandwidth limit within the first 30 days of service voids eligibility for the 30-day money-back guarantee, and the Customer is responsible for any overage charges.
8. Domain Services #
KnownHost acts as a reseller for NameSilo, which means all KnownHost customers purchasing or transferring a domain through us are subject to NameSilo’s terms and policies. By using our domain services, you acknowledge these conditions as binding.
- Domain Registration and Renewal: Domain name registrations are effective only once confirmed by the registry administrator and apply for limited terms ending at the expiration date. You will receive a renewal notice from KnownHost, and it is your responsibility to renew your domain before it expires to prevent losing ownership. Domains not renewed within 25 days post-expiration may be permanently lost or auctioned. If available, expired domains may be redeemable up to 30 days post-expiration for a $125 fee.
- Domain Expiration and Forfeiture: If a payment dispute or chargeback occurs, access and rights to your domain will be immediately forfeited. To regain access, you must settle any outstanding balance and pay a $125 reinstatement fee if within the original expiration period.
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Domain Cancellation, Renewal, and Refund Policy
- Cancellations: Domains may be canceled within three (3) days of purchase for a full refund (minus transaction fees). No refunds are issued after the three-day period. Refunds will be applied to the original payment method, less any transaction fees incurred.
- Renewal Cancellations: Domain renewals (excluding certain automatic renewals) can be canceled within three (3) days of renewal for account credit. Domains canceled post-renewal are deleted and placed into a redemption period, requiring a restoration fee if reinstatement is desired. Refunds are not available if the domain enters a non-reversible status due to registry policies.
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Refund Restrictions:
- No refunds are issued for services suspended or terminated for cause, including abuse or policy violations. Refunds are also unavailable for Bitcoin purchases, premium domains, completed transfers, and marketplace or auction purchases.
- At KnownHost’s discretion, refunds may be denied for accounts engaged in high-frequency cancellations (e.g., domain tasting). KnownHost may issue a warning before restricting refunds, but this is not guaranteed.
- Domains transferred within 45 days of renewal may not qualify for refunds or time extensions.
- Account Termination and Suspension: If KnownHost suspends or terminates services for cause under this Agreement, we may also suspend or terminate all related domains and services within your account without refund. KnownHost reserves the right to transfer the service to a third party if necessary.
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WHOIS Information and Privacy:
You must keep accurate WHOIS and contact information for your domains. KnownHost provides a WHOIS privacy option that replaces your contact details with our default information; however, your responsibility to maintain accurate records remains unchanged. WHOIS privacy is unavailable for certain domain types (e.g., .us).
KnownHost and our WHOIS privacy partners may discard postal mail and email sent to the public WHOIS address and will offer limited forwarding based on our discretion. We may release your information or suspend the WHOIS privacy service in cases of Agreement breaches, court orders, UDRP actions, or if continued service may result in liability for KnownHost or its affiliates.
- Domain Disputes and Legal Orders: KnownHost complies with UDRP decisions, court orders, and actions initiated by relevant authorities. If you contest a UDRP decision, you are responsible for following UDRP procedures within the specified time frame. KnownHost may, but is not obligated to, place a transfer lock pending dispute outcomes.
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Dispute Resolution Policy:
The Customer agrees to be bound by all ICANN consensus policies and policies of relevant registries, including but not limited to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), available at ICANN UDRP Rules and ICANN UDRP Policy, along with any UDRP Rules and Supplemental Rules of UDRP providers. ICANN or its successor may modify the UDRP at any time.
If a third party challenges your domain registration, you are subject to the UDRP provisions in effect at the time of the dispute. In such cases, you agree to indemnify and hold KnownHost harmless in accordance with UDRP terms. Should your domain become the subject of litigation, KnownHost may transfer control of your domain record to the relevant judicial authority by providing a registrar certificate, thereby placing it under judicial jurisdiction.
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Transfers:
Domain transfers are governed by ICANN's transfer policy and the UDRP as referenced in this Agreement. To transfer your domain, log in to your Account to lock/unlock your domain or obtain the EPP "AuthCode" required by EPP registries (e.g., .org). Only the registrant and administrative contacts in WHOIS may approve or deny transfer requests. Transfers are restricted within 60 days of initial registration, a prior transfer, unresolved disputes over domain ownership, bankruptcy, or unpaid fees.
KnownHost follows ICANN procedures for both gaining and losing registrars. Transfers initiated close to the expiration date may fail if services expire before the process completes. If transfer requests are canceled, a refund (minus fees) will be issued if canceled within 59 days. KnownHost reserves the right to expedite outbound transfers upon approval and to approve transfers anytime during the process.
Certain transfers may not qualify for a 1-year extension typically provided on completion. Domains recently renewed or already registered for more than nine years may not receive an additional year due to registry limitations.
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Services Provided at Will; Termination or Suspension of Services
KnownHost reserves the right to reject your domain registration application or discontinue providing services for any reason within 30 days of initiating or renewing a service. By using KnownHost’s services, you acknowledge and agree that violations of these terms may result in immediate suspension or termination of services. Beyond this period, KnownHost may terminate or suspend services at any time for cause, including but not limited to the following reasons:
- Prohibited Domain Names: Registration of domain names that violate applicable laws or KnownHost’s policies.
- Service Abuse: Engaging in activities that abuse the services provided.
- Payment Issues: Any irregularities or unresolved issues with payment.
- Illegal Conduct: Involvement in unlawful activities or content.
- Inaccurate Information: Failure to maintain accurate and up-to-date account or WHOIS information.
- Non-Response: Failure to respond to KnownHost inquiries within three (3) calendar days or payment inquiries within 24 hours.
- Third-Party Rights Violations: Involvement in activities that infringe upon third-party rights or violate acceptable use policies, including but not limited to spam transmission, copyright infringement, or distribution of malware.
- Compliance with Legal or Regulatory Requirements: To comply with applicable court orders, laws, government regulations, law enforcement requests, or dispute resolution processes.
- Risk Management: To avoid potential civil or criminal liability for KnownHost, its affiliates, subsidiaries, officers, directors, and employees.
- DNS Integrity and Security: To protect the stability and security of the Domain Name System (DNS).
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Prohibited domain names and activities include, but are not limited to:
- Domains and websites prohibited by U.S. laws or laws of other jurisdictions where business is conducted.
- Domains and websites promoting illegal activities, such as hate crimes, terrorism, or child exploitation.
- Domains and websites that invade third-party privacy or encourage tortious conduct.
- Domains and websites targeting or exploiting minors unethically or unlawfully.
- Domains and websites transmitting unsolicited emails (spam).
- Domains and websites generating unauthorized, repetitive, high-volume inquiries into services by KnownHost or third parties.
- Domains and websites infringing on copyright and/or trademark rights.
- Domains transferred without prior authorization from the previous registrant.
- Indemnification and Liability: You agree to indemnify and hold KnownHost, ICANN, and registry operators harmless from any claims related to your domain registrations, WHOIS privacy usage, or alleged violations of third-party rights. We disclaim liability for losses or damages arising from your use of domain services or WHOIS privacy, and our obligations to forward communications are provided on a best-effort basis only.
9. Backup Copy #
KnownHost strongly recommends that all customers maintain up-to-date, off-site backups of their data for disaster recovery purposes. While KnownHost may offer complementary backup services for certain product lines, the Customer is ultimately responsible for ensuring their data is backed up. KnownHost does not guarantee the availability, integrity, or functionality of any backups.
- VPS Customers: KnownHost provides complementary backups taken every other day, stored for approximately 7-14 days. Despite this courtesy service, the Customer agrees to maintain an independent backup of all content.
- Cloud Customers: KnownHost performs complementary backups every other day, retained for approximately 7 days. The Customer is responsible for maintaining a separate backup of all data.
- Shared/Reseller/Semi-Dedi and WP Customers: KnownHost provides one weekly and two recent daily backups. Customers are still expected to keep their own up-to-date backup copies of hosted content.
- Dedicated Server Customers: Dedicated server customers are encouraged to install a secondary drive for backups and may purchase external storage packages from KnownHost. KnownHost does not provide automated backups for dedicated servers.
- Unmanaged Customers: KnownHost does not offer backup services for unmanaged product lines. Customers are solely responsible for creating and maintaining backups of their data.
Backup Exclusions
To preserve server performance and backup functionality, certain file types are excluded from KnownHost’s backup services. Excluded files may include, but are not limited to:
- Local cPanel or Softaculous backups stored on the server.
- Temporary backup files and temporary cache files or folders generated by CMS systems or plugins.
- Large error logs or log files not essential to website functionality.
- Redundant backup logs and any files deemed non-essential for core website operations.
Customers should regularly download and store essential backups locally, as KnownHost does not guarantee preservation of these excluded files in its automated backups.
All backups provided by KnownHost are intended as a courtesy for disaster recovery purposes only. KnownHost disclaims any warranty for the availability, integrity, content, or operability of these backups.
10. Request for Full Rebuild or Data Restoration #
During any service term, the Customer may request up to two free full rebuilds related to control panel changes and one free full rebuild or data restoration for any other reason. Additional full rebuilds or data restorations beyond these allowances will incur a one-time fee of $10.00 per request.
Partial data recovery may be offered at KnownHost’s discretion for a fee of $20.00 per request.
11. Indemnification. #
The Customer agrees to indemnify and hold harmless KnownHost, its affiliates, and each of their respective officers, directors, agents, and employees from any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, interest, expenses, and disbursements of any kind (including reasonable attorneys' fees) arising from or related to the use or alleged use of the Customer’s services in violation of applicable law or the AUP. This indemnification applies to claims brought by any third party and covers any actions by persons using the Customer's login information, whether or not such use was authorized by the Customer.
12. Disclaimer of Warranties #
KNOWNHOST MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KNOWNHOST DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS, SUBJECT TO APPLICABLE LAW.
13. Limitation of Damages #
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED WITH REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF KNOWNHOST AND ITS EMPLOYEES, AGENTS, OR AFFILIATES UNDER ANY LEGAL THEORY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR INFRINGEMENT) SHALL NOT EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR ONE MONTH OF SERVICE.
IF ANY LAWSUIT, ARBITRATION, OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, KNOWNHOST, LLC SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL REASONABLE COSTS AND EXPENSES INCURRED, INCLUDING ATTORNEYS’ FEES, BOTH IN PREPARATION AND ON APPEAL, WHICH SHALL BE INCLUDED IN ANY JUDGMENT OR AWARD.
14. Requests for Customer Information #
The Customer agrees that KnownHost may, without prior notice, (i) report to relevant authorities any conduct by the Customer or their end users that KnownHost reasonably believes violates applicable law, and (ii) provide information about the Customer or their end users in response to a formal or informal request from law enforcement or regulatory agencies, or in response to a civil action request that meets applicable legal requirements.
15. Changes to KnownHost's Network #
KnownHost reserves the right to make upgrades and other changes to its network, including but not limited to modifications to software, hardware, and service providers. Such changes may affect the display or functionality of the Customer’s hosted content or applications. KnownHost will implement these changes at its commercially reasonable discretion and is not liable for any resulting impact on the Customer’s content or services.
16. Notices #
Notices to KnownHost under this Agreement must be sent via email to billing@knownhost.com or submitted through our online ticketing system at my.knownhost.com/client/login/. All notices, including support and billing requests, must come from the registered email address on file for the Customer's account.
Notices to the Customer will be sent to the email address listed as the Primary Contact on the Customer's account. It is the Customer’s responsibility to ensure that all contact information is accurate and kept up to date. Notices are considered received on the day they are transmitted, or, if sent on a non-business day, on the next business day.
The Customer may update their contact information by providing notice in accordance with this section.
17. Force Majeure #
KnownHost will not be considered in default of any obligation under this Agreement if its failure to perform is due to events beyond its control. Such events include, but are not limited to, significant power grid failures, major internet disruptions, natural disasters, war, riots, insurrections, epidemics, strikes or other organized labor actions, terrorist activities, or any other events of a scale or nature for which industry-standard precautions are insufficient.
18. Binding Arbitration #
As a Customer of KnownHost, you agree to submit to binding arbitration for any controversy or claim arising out of or related to this Agreement, including alleged breaches. Such disputes shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and any award rendered by the arbitrator(s) may be entered in any court with jurisdiction.
The location of the arbitration will be determined by KnownHost at the time of the dispute. No arbitration demand may be made after the expiration of the applicable statute of limitations for legal or equitable proceedings related to the claim or dispute.
The arbitrator is not authorized to award punitive or other damages beyond the prevailing party’s actual damages. Each party will bear its own costs, fees, and expenses associated with the arbitration.
19. CHANGES TO THIS AGREEMENT #
This Agreement may be updated from time to time to reflect changes in our services, policies mandated by ICANN, or new applicable laws. For any material changes, we will notify you via email to your address on file or by posting the updated terms on our website. If you do not agree with the changes, your options are to (a) discontinue use of the affected services, (b) transfer your domain registrations to another provider, or (c) cancel any remaining services with us. By continuing to use any of our services after receiving notice, you accept these updated terms. Unless specified otherwise, changes take effect: (1) 30 days after notice or (2) immediately if required by ICANN or applicable law.
20. Miscellaneous #
Each party retains exclusive ownership of its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other’s name or trademarks without prior written consent. The relationship between the parties is that of independent contractors, not a partnership, joint venture, or employer/employee. Neither party is an agent for the other, nor has authority to bind the other to any agreement.
This Agreement may only be amended through a formal, written agreement signed by both parties. Terms on the Customer’s purchase order or other forms are not binding on KnownHost unless expressly included in a signed agreement. Failure or delay by either party in enforcing any provision of the Agreement does not constitute a waiver of rights under that provision or any others. Waivers of rights apply only to the specific occurrence and do not extend to similar future events.
The section titles in this Agreement are for convenience only and are not part of the Agreement itself. Provisions regarding fees, indemnity, liability limits, warranties, intellectual property, and any other provisions intended to survive termination will remain in effect after the Agreement expires or is terminated. This Agreement creates no third-party beneficiaries, and neither insurers nor customers of resellers are intended beneficiaries.
The Customer may not assign this Agreement without KnownHost’s prior written consent. KnownHost’s approval is contingent on the assignee meeting KnownHost’s credit requirements. KnownHost reserves the right to assign this Agreement, in whole or in part.
This Agreement, along with the Order and AUP, constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes any prior or concurrent agreements, oral or written.
Last updated on 11/07/2024
