Web Site Development Web Site Hosting Search Engine Optimization Services South Shore Cape Cod Boston MA

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of KHM Internet ("KHM"), a service of KHM Corporation, for web hosting services. You certify that you are at least 18 years of age. To become a KHM account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on our proposal and any policies that are or may be published by KHM.

This Agreement will become effective when accepted by KHM. By posting notice 30 days in advance at a web page available on our web site (www.KHMInternet.com/hosting_agreement.html), KHM may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered as provided under the terms of this Agreement. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services as provided in this Agreement.

1.1. This Agreement defines the terms and conditions of KHM’s services as offered by KHM in the hosting quotation executed between you and KHM and used by you, including the provision of web hosting services on KHM’s servers and connectivity to the Internet (the "Services"). KHM will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, KHM or it's partners maintain control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

1.2. You are responsible for shutting down all previous Internet Service Provider accounts. You are also responsible for domain account renewals.

1.3. KHM is responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages).

1.4. In connection with the Services, KHM may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the "Tools"). Access to these Tools may be accessed via KHM’s web site. These Tools are copyrighted and proprietary property owned by KHM and its partners, where appropriate. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

1.5 Every hosting account with KHM features a 60 day money back guarantee. If you choose to cancel your account within the first 60 days and notify us by calling the Customer Service number (888.714.5289) or using the email address, cancel@KHMInternet.com we will refund all routine account fees, exclusive of any set up or domain names fees. Accounts closed after 60 days do not qualify for refund of any pre-paid fees. KHM will confirm cancellation via email. If you do not receive a confirmation email, you have not cancelled your account.

1.6. For server restoration purposes only, KHM makes full back-ups of websites weekly, and backups of new/changed data nightly; however, KHM makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of KHM, KHM will attempt to recover the data for no charge. Otherwise, KHM will attempt to recover the data from the most recent archive for a $100 fee.

1.7. KHM reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. KHM will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not KHM’s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.8. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that KHM is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, KHM will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, KHM has a policy of terminating accountholders who are copyright infringers.

1.9. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on KHM’s servers nor the links to other websites are screened, approved, reviewed or endorsed by KHM. The text and other material on such websites are the opinion of the specific author and are not KHM’s statements of advice, opinion or information.

2.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither KHM, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. KHM is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will KHM be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability. IN NO EVENT SHALL KHM 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) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE KHM’S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF KHM’S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF KHM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KHM’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO KHM FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KHM’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

2.3. Indemnification. You agree to indemnify, defend and hold KHM 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 ownership or rights to use the Uploaded Materials, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto KHM’s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to KHM’s equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) 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 KHM’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3.1. KHM will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly and/or annual fees can be found by emailing us. It is your responsibility to check this listing from time to time during each month. KHM is not otherwise obligated to give you notice of fee increases. KHM may discontinue or add new services at any time following a posting of same at the aforementioned web site.

3.2. You agree to provide KHM with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. Payments will be made on the 1st of each month. Accounts that are established during the middle of a particular month will be billed pro rata based on a 30 day month, regardless of the month. Payments must be submitted in advance of receiving the Services.

3.3. If you decide to utilize KHM’s Automated Billing option, you acknowledge that KHM will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by KHM on an on-going basis during the term of this Agreement. All accounts will be billed at each designated interval (monthly, quarterly, or annually) automatically and without specific notice. You are responsible for terminating account(s) and associated billing except as noted here in cases of violation of KHM policies.

3.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent, and KHM will insert a message at your website indicating your suspension that visitors to your website will see. Notwithstanding any other rights KHM may have in this Agreement, all of your website contents will be deleted and destroyed if your account is delinquent for 30 days. KHM accounts continue to accrue charges while they are delinquent or if the Services are suspended.

3.5. You acknowledge responsibility for your account until payment in full is made.

4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@KHMInternet.com. KHM will confirm receipt via email.

You are responsible for all use of your website, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When KHM becomes aware of possible violations of this Agreement, KHM may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on KHM’s servers. KHM, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD KHM HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY KHM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM KHM AS A RESULT OF KHM’S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF KHM’S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, other pornography not protected as “speech” under US law, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of KHM’s servers. You may not post, upload or otherwise distribute copyrighted material on KHM’s servers without the consent of the copyright holder.

Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, snorks, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

KHM supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, KHM will not substitute itself for a court of law in deciding tort claims raised by the third party.

4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by KHM by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.

You should not send email to any user who does not wish to receive it, either at KHM or elsewhere. KHM recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. KHM may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

Violations of the KHM policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that KHM resources are affected, KHM staff may shut down your mailbox.

4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at KHM or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, KHM reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. KHM will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.5. System Resources. System abuse includes any use of KHM resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of KHM’s system resources is an undue burden on KHM’s system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a KHM server without KHM’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of KHM's servers.

Due to their use of flat files instead of databases, KHM does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums may result in system performance degradation, and cannot be allowed in our shared server environment. KHM suggests using VBulletin or phpBB as more efficient, database-driven alternatives to these bulletin boards.

(a) KHM reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that KHM, in its sole discretion, believes violates this Agreement or is otherwise harmful to KHM’s interests or the interests of other accountholders. (b) KHM also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

6.1. You must cancel your KHM account by sending an email to cancel@KHMInternet.com. KHM will confirm cancellation via email. Accounts closed after 30 days of initiation or annual renewal are subject to an early termination fee.

6.2. All KHM accounts must be paid in full before the cancellation will be considered complete.

6.3. If your account is suspended or terminated for any reason permitted by this Agreement, KHM may, at its sole discretion, permanently delete your website contents from KHM servers, and KHM will not be able to reopen or restore such content.

7.1. Except for KHM’s compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by KHM pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of KHM’s servers, such controversy or dispute shall first be presented for resolution by KHM and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Boston, Massachusetts, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the Commonwealth of Massachusetts (without regard to conflicts of laws principles).

7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the enforcement of the arbitration requirement contemplated by this Section 7.

You may not assign your rights and obligations under this Agreement without the prior written consent of KHM, which may be withheld at KHM’s discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of KHM to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by KHM of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by KHM. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and KHM and supersede and govern all prior proposals, agreements, or other communications.

KHM has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.

The following guidelines also apply:

Content
All services provided by KHM may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless KHM from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all KHM servers. This includes sites that may infer sexual content or links to adult content elsewhere. KHM will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to KHM servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
> Pirated software
> Hacker programs or archives
> Warez sites

KHM will be the sole arbiter as to what constitutes a violation of this provision.

Changing primary account domain name, $100.
There is a one-time fee of $100 for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes.

Changing account type, $100.
There is a one-time fee of $100 for changing an existing account type: as in changing a Resold account to a Stand-Alone (also called Common) account, or vice-versa. This includes changing any account to a Parent or Main account from any other type.

Chargeback fee, $50.
There is a fee of $50 for credit card chargebacks, returned or refused checks, or any other form of refused, returned, or denied payment.

Unsuspension fee, $100.
There is a fee of $100 automatically applied to all suspended accounts which must be paid in order to have accounts unsuspended.

Early Termination of Annual/2 Year Accounts, $200
There is fee of $200 for Annual/2 Year accounts ended before the renewal date.

> Standard Plan - 750MB storage & 10 GBs of bandwidth
> Professional Plan - 1GB storage & 15 GBs of bandwidth
> Premier Plan - 2GB storage & 25 GBs of bandwidth
> Dedicated Plan - Custom configured for each client

Bandwidth usage is a simple equation - number of visits times information sent in each visit. Since the average web page is about 50K in size, 5GBs equals roughly 100,000 page downloads a month! Larger files will increase traffic usage, but 5GBs bandwidth provide enough capacity for 99% of all web sites on the Internet, and if your site is becoming the next Yahoo, simply go to your control panel and click the Upgrade button and either buy more bandwidth or upgrade to a larger account that comes with more.

To maintain the integrity of our service, the following restrictions also apply:

> Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
> Sites using more than 20% of system resources.

KHM will be the sole arbiter as to what constitutes a violation of this provision

Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a KHM server or using an email address or domain that is maintained on a KHM machine as reference is STRICTLY prohibited.

KHM will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms
KHM does not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. Should you require this service, it will require an upgrade to KHM’s Premier Plan. Please contact your KHM Client Representative for more details.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers. Should you require this service, it will require an upgrade to KHM’s Large Enterprise Hosting Plan. Please contact your KHM Client Representative for more details.

Domain Pointing
Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing Web hosting account served by KHM or any other provider.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of KHM is strictly prohibited, and will result in immediate termination or prosecution. By clicking the "Submit Order" button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the "Submit Order" button is the legal equivalent of your signature on a written contract.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Billing Problems and Termination
Accounts paid by credit cards which are rejected by our online card processor are grounds for termination. If you need to replace your credit card info you can contact us at 781.210.2011 (please have your username and password handy). Because of the risk of credit card fraud, any account which offers two bad credit cards within any 6 month period will be subject to immediate termination.

All Sub-Networks, distributive hosting sites and dedicated servers of KHM must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without refund.

Your authorization of charges allowing KHM to begin the services indicates your agreement to process and pay for these services.