1.1 These TOS apply to all Services provided by kCore Cloud to you throughout the entire Term or Renewal Term. The TOS consist of the following: Terms of Service, Acceptable Use Policy (AUP), Domain Registration Agreement, and Copyright/Trademark Infringement Policy (DMCA Policy). Collectively these documents are referred to herein as the "TOS." They are referred to by their individual names if a particular paragraph applies to that document alone.

1.2 The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and kCore Cloud. Sending an Order to kCore Cloud constitutes acceptance by you of these TOS. Continued use of our services also constitutes acceptance of these TOS, including any changes that may be made.

1.3 In addition to these TOS, all registrations of domain names are subject to the terms and conditions set out in our Domain Registration Agreement, an integral part of these TOS. The Domain Registration Agreement incorporates by reference the terms and conditions of the respective Registrar, its rules and regulations.

2.1 In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an .Order.. First-time customers must purchase our Service(s) through our website. Existing customers may purchase or renew Services through the kCore Cloud User Area, or by contacting our customer support team via chat, phone or ticket. You acknowledge and agree that all conversations with our customer support team shall be recorded and records of such conversations shall be treated as an Order for purchase or renewal of the respective Service(s).

2.2 Your Order will be deemed to be an offer by you to purchase the Service(s) from us subject to these TOS. No Order shall be deemed to be accepted by kCore Cloud until we send you an email notification of our acceptance of the Order.

2.3 The date on which kCore Cloud will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Service(s) will commence as of the Effective Date. Upon expiry of the Term it can be renewed as described in our Renewal Policy.

2.4 You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with kCore Cloud.

2.5 If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms "you" or "your" shall refer to such legal entity. In the event that kCore Cloud establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.

2.6 By placing an Order to purchase our Services you declare that there is no other restriction to enter into an agreement with kCore Cloud and you are not subject to trade sanctions, embargoes, and other restrictions.

2.7 You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.

2.8 By submitting an Order for purchase of our Service(s) you agree and expressly authorize us to use all personal data you provide in order to perform compliance and anti-fraud checks. You agree and expressly authorize us to disclose your personal data to third-parties or to obtain information about you from third parties, including but not limited to your credit/debit card number, in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization.

2.9 Orders that fail our Fraud Screen will not be approved and Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled and Service(s) are not activated, kCore Cloud will reimburse you for all pre-paid fees within seven (7) working days as of the date of kCore Cloud’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen. No interest or other charges will accrue on the advance paid amounts.

kCore Cloud reserves the right to decline an Order at any time and for any reason. kCore Cloud is under no obligation to provide a reason for denying an order, nor is kCore Cloud obligated to act reasonably in choosing whether to accept or deny and Order. We will notify you upon cancellation of any Order and will return any prepaid fees within seven (7) working days of the notice of cancellation.

3.1 kCore Cloud may process personal data as part of the Service, to which certain data protection of privacy law may apply, including the European Union’s General Data Protection Regulation (“GDPR”).

3.2 Under the GDPR the Customer may qualify as the “controller” and kCore Cloud may qualify as the “processor” for personal data that kCore Cloud stores, transmits or manages for the Customer. By uploading and storing content on our servers you acknowledge and agree that kCore Cloud shall act as a data processor regarding your content. Customer must inform kCore Cloud if it (a) intends to use or access the Services relating to activities establishing Customer as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believes that the GDPR or other data protection or privacy laws apply for other reasons.

4.1 For the purposes of these TOS "Service" or "Services" means any and all services provided by kCore Cloud under these TOS including, without limitation, any of our subscription plans for hosting services, additional features, website migration services, domain name registration services, support services, third-party products and services, any any other services which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages)..

4.2 The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.

4.3 To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on “as-is basis”. The hardware configurations may vary. kCore Cloud may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by kCore Cloud in order to ensure the quality and security of the Services.

4.4 The proprietary and third-party software we offer as part of the Service(s) will be provided as-is and will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Such software may have terms and conditions that are in addition to those set out in these TOS. You must agree to those terms to use the software. If you fail to do so, you will not be able to use the Service(s). Terms and conditions concerning the above mentioned third party software are incorporated by reference and links to any such terms and conditions are available in an appendix to these TOS.

4.5 We may assign an Internet Protocol ("IP") address for your use. You shall have no right to use that IP address except as permitted by kCore Cloud in our sole discretion in connection with the use of our Service(s). We shall retain ownership of all IP addresses assigned to you by kCore Cloud. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by kCore Cloud shall be used by other customers as well.

4.6 We provide certain Services designed to filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it may be available as an additional paid Service. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.

5.1 kCore Cloud's Service Level Agreement sets out the performance you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

5.2 We guarantee network uptime 99.9% on an annual base. If we fall below the guaranteed network uptime, we will compensate you as follows:

If your total uptime is less than 99.9% but more than 99%: 1 month free hosting An additional month of free hosting for every 1% of uptime lost below 99.00%.

5.3 You may check the status of your hosting server uptime from your User Area. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.

5.4 The following events do not count towards our calculation of uptime:

• Scheduled maintenance;
• Emergency maintenance, hardware and software failure remedied under 1 hour;
• Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
• Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
• Downtime caused by you, your own configuration, or third-party applications you use;
• Downtime caused when you reach the maximum resources allocation for your plan;
• Downtime caused by your violation of these TOS or any other policy announced on our website;
• Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources;
• Downtime during processing of your technical support request(s); or
• Force majeure or any event beyond our control.

5.5 Our calculation of network availability is based on our internal records, which records are the sole standard by which a determination regarding your uptime will be made. We will not accept reports by you or any other third party as evidence that you are entitled to a compensation under this SLA.

6.1 You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order.

6.2 The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between kCore Cloud and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. kCore Cloud reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.

6.3 All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.

6.4 In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. kCore Cloud has no control over such fees.

6.5 Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to kCore Cloud. Domain name registration fees must be paid in full before your domain name registration will be processed.

6.6 In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize kCore Cloud to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to kCore Cloud, this will be considered a non-payment and we will not be liable for not provisioning the Service(s).

6.7 In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.

6.8 You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any kCore Cloud Service(s) you purchase or renew.

6.9 Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.

6.10 You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the kCore Cloud User Area.

6.11 You represent that any payment method you use and/or add on file is yours or that you have been specifically authorized by the owner of the card to use it for the purchase.

6.12 In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by kCore Cloud, including without limitation, any court and legal fees and kCore Cloud's reasonable attorneys' fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).

6.13 You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.

6.14 Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third parties. Upon Termination of your Agreement such Service(s) will also be terminated.

6.15 Invoices are due immediately upon receipt. kCore Cloud reserves the right to suspend and/ or terminate the Services until payment is made.

6.16 By accepting these TOS, you hereby authorize kCore Cloud to send you invoices electronically at the email address specified in your User Area. If you would like to receive a paper invoice, please contact us through your User Area.

6.17 Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.

6.18 If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a "chargeback" based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.

6.19 Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. kCore Cloud is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

6.20 With your prior consent we may process a refund as credit added to your Customer Account (kCore Cloud Wallet) to be used for future purchases and/or renewals of our Service(s). kCore Cloud Wallet amounts can be reimbursed upon your explicit request.

7.1 All our Services are by default set to renew automatically, with the exception of Reseller Shared Hosting accounts and upgrades. You can adjust the renewal settings and/or renew Services manually from the kCore Cloud User Area at any time before a Service is terminated.

7.2 All available Renewal Terms and the respective Renewal Fees are set out in your User Area. From time-to-time special promotions may be available only for manual renewal of your Services.

7.3 We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s):

• five days prior to expiration of the current Term for Cloud and Dedicated Server Services as well as Services on a monthly/quarterly billing cycle;
• fifteen days prior to the expiration of the current Term for all other Services.

7.4 If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.

7.5 You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.

7.6 You acknowledge and agree the Service(s) shall be terminated upon expiry of the term, unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that kCore Cloud shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.

8.1 If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time. Cancellation requests must be posted through your User Area.

8.2 Our Money Back Policy covers initial and renewal Orders for Shared Hosting and Cloud Services and any other services which are listed as being covered by this Policy on our website. A full refund will be issued for any service for which refunds are available if cancelled within the Cancellation Period for that service. The Cancellation Period for Shared Hosting Accounts and Services is 30 days. The Cancellation Period for Cloud Accounts is 14 days. The Cancellation Period for other Services is the Cancellation Period listed on our website for that Service and is subject to change. The Cancellation Period is calculated starting from the activation date of the Service. For renewal fees we will issue a full refund, if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the renewal Term. Refunds are processed within ten (10) business days after a Service is cancelled.

8.3 Reseller packages are eligible for a refund only if the complete Reseller package is cancelled/terminated within 30 days after your Customer Account is activated. The Money Back Policy does not apply to termination of individual accounts in a Reseller package.

8.4 Services that are tailor-made to you are not covered by our Money Back Policy. These include Domain name registrations, Dedicated Server Services, SSL certificates, Paid support services, including Backup Creation and Backup Restore, and third-party Services. In any case, domain name fees are not refundable and may be due upon cancellation even if waived initially as part of a special promotion.

8.5 To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.

9.1 You can choose to upgrade or downgrade the Hosting Services at any time. All available Upgrade options are listed in your User Area and are subject to the fees set out on the respective Product Pages (Upgrade Fee). Upon upgrade to a Shared Hosting Service, the Upgrade Fee covers the difference in fees between the two plans.

9.2 Resources that are not renewed will be scaled down upon expiration of their Term.

9.3 You can choose to downgrade your Service(s) only if:

• your Service was not previously upgraded from that plan because it had exceeded the parameters of that plan;
• and your Content does not require Server setup different from the standard Server setup.

Different Server setup includes, but is not limited to, space size, installation of special PHP or Perl modules, open special ports, different MySQL versions, and/or SSH access.

9.4 You can request a downgrade through our Help Desk. We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for your website. Any additional or free Services that are not included in or are not compatible with the new plan will be terminated. Upon downgrade we will prorate the difference in Fees between the two plans for any full months remaining from your Term, and will apply that as extra time to your new plan. If no full months remain, your Service will keep its current Term.

10.1 If you are a new customer, upon purchase of our Services we will create a Customer Account for you. Your Customer Account contains your personal details and grants you access to our User Area where you can access, review, update and manage your Services, payments and contact information.

10.2 If you purchase Services on behalf of another person or entity, you warrant that you will administer their Customer Account in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the Account in ways that are adverse to the End User and result in any claim against us.

10.3 Login to the User Area requires the use of username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes, kCore Cloud highly recommends that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.

10.4 As an additional security measure, you are required to set up two-factor authentication (2FA) for your User Area. Follow the instructions in your User Area in order to enable 2FA. If you choose to install and use a 2FA application on a device (e.g. phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk.

10.5 You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure. You shall notify kCore Cloud immediately of any breach of security or unauthorized use of your Account to the following email address: privacy@kcore.net.

10.6 You are responsible for providing and maintaining true, current, complete and accurate information. If you fail to do so, we accept no liability in the event that we grants access to the account to another person.

10.7 For avoidance of doubt, the individual or entity whose personal data is listed in the 'My Details' section of the User Area is considered by us to be the owner of the account (Account Owner). Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending.

10.8 It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

11.1 You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You shall implement any restrictions necessary in order to prohibit use of the Services by any third party or in any jurisdiction, as required to comply with such laws.

11.2 You must ensure that each of your End users complies with these TOS, and to any policies and agreements that are incorporated by reference.

11.3 You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent's consent in the case of a minor). If you use the Services to upload, store, publish, display or otherwise disclose such information, you represent that you have obtained the prior consent of the said parties.

11.4 You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. Please refer to our Acceptable Use Policy for detailed information on the rules and guidelines for using our Services.

11.5 You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of an organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

11.6 You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services.

11.7 You declare that (i) you have technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them. kCore Cloud does not provide any technical training or education, and is not responsible for any loss you incur due to your lack of proficiency with or knowledge of kCore Cloud’s Services.

11.8 You acknowledge and agree that if you resell our Services or administer Services on behalf of others, you must ensure that each of your clients and/or End Users complies with these TOS. You understand and agree that you are responsible for all content uploaded, stored or transmitted on or through the Services and any acts or omissions of your clients or End Users that violate these TOS or the law.

11.9 When using the Services, you will ensure that neither you nor any of your End Users make use of the Server resources to kCore Cloud's detriment or that of other kCore Cloud customers. Such uses may include, but are not limited to: creating security vulnerabilities, using more shared resources than allocated, engaging in illegal activity, or engaging in any activity that may result in an interruption of service to other kCore Cloud customers.

11.10 You shall indemnify, defend and hold harmless kCore Cloud, and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your or your End Users’ acts or omissions.

11.11 You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). When accessing or using our Services you may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s).

11.12 You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on, or transmitted through the Services.

11.13 If you use any third-party software on the Services, you warrant to kCore Cloud that you are duly licensed to use the software, and that the license grants sufficient rights to kCore Cloud to provide the Services. You agree to provide us with such license(s) upon request. If you fail to provide reasonable evidence of licensing, kCore Cloud, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.

11.14 You acknowledge and agree that kCore Cloud may periodically run a series of scripts (audit) on your Service(s) to determine what third-party software is installed on the Service(s) and how many Users have access to each piece of software. You authorize us to disclose the results of such audits to third parties. You shall indemnify kCore Cloud against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of use of third-party software.

11.15 You shall provide to kCore Cloud, at your cost, any information, resources or facilities reasonably requested by kCore Cloud for the delivery of the Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with kCore Cloud to such aim.

11.16 Any instructions supplied by you to kCore Cloud must be complete and accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete and accurate information. It is your obligation to follow our instructions and to cooperate with us for the proper provision of our Services.

11.17 You acknowledge and agree not to make any modification or alteration of any part of our Service(s) or related technologies.

11.18 You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorized by us.

11.19 You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements.

11.20 You are responsible to make backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup.

12.1 The Services provided by kCore Cloud will not comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"), hence kCore Cloud is not HIPAA compliant. You acknowledge and agree that our Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material breach of thеsе TOS, and grounds for immediate termination of the Agreement. kCore Cloud will not sign "Business Associate Agreements" and you acknowledge and agree that we are not a Business Associate or subcontractor of yours pursuant to HIPAA.

13.1 You may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the Services ("User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or disclosing User Content on or through the Services, you represent and warrant to kCore Cloud that (i) you have all necessary rights to display and disclose such content, and (ii) your posting or disclosure of User Content does not violate the rights of kCore Cloud or any third party.

13.2 Solely for purposes of providing our Services, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to: (i) use, modify, publicly perform, publicly display, reproduce, excerpt (in whole or in part), publish, distribute User Content, including to make back-up copies of User Content and User Websites without any payment. Except for the rights expressly granted herein, kCore Cloud does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

13.3 kCore Cloud shall not exercise control over and accepts no responsibility for User Content or any other information passing through our Services. kCore Cloud may monitor User Content, but is under no obligation to do so. If you or your End Users post or publish any material in violation of these TOS, or otherwise violate these TOS, in order to resolve the issue kCore Cloud reserves the right to review your Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Websites, suspension or termination of any and all Services with no refund. You hereby agree that kCore Cloud shall have no liability due to or arising out of any corrective action that kCore Cloud may undertake.

14.1 Technical support services:

14.1.1 We provide technical support for issues related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.

14.1.2 We aim to deliver support in a fast and efficient manner, however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.

14.1.3 You may request technical support through our Help Desk. Technical support will be provided via phone, chat and/or ticket. Depending on the issue, we may not be able to provide assistance over all communication channels, but will recommend one or two where support can be delivered.

14.1.4 If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.

14.1.5 If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.

14.1.6 To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of kCore Cloud’s control, or your failure or refusal to implement changes recommended by kCore Cloud. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

14.2 Scope of free technical support

14.2.1 We provide free technical support for issues related to our hosting platforms and features:

• Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;
• Issues related to the proper functionality of kCore Cloud User Area, including tools and features provided by kCore Cloud, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, and other;
• Assistance related to settings and proper usage of the tools and features provided by us;
• Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from kCore Cloud to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.

14.3 Issues outside the scope of free technical support

14.3.1 Certain issues are outside the scope of our free technical support:

• Issues related to the installation of third-party scripts/applications not provided by kCore Cloud;
• Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;
• Issues related to web design, web development and/or customization;
• Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions;
• Website security audits and malicious code clean-up issues.

14.3.2 If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.

15.1 You acknowledge and agree that it is your responsibility to regularly back up all your Content in order to prevent potential data loss. We will use commercially reasonable efforts to back up data stored on your Hosting account. We will not back up files containing temporary or transient data which cannot be restored in a useful state.

15.2 You agree that you will keep independent backup copies of your Content in addition to those we maintain. If you use our Backup Services, you acknowledge and agree that due to technical reasons a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.

15.3 We keep a limited number of backup copies of your account as set out on the respective Product Page. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous plan and start new backups of your data.

15.4 We may host your account and the backups of your data in different datacenter locations. You acknowledge and agree that for service provisioning purposes, your backups may be stored on servers in a different state, country or continent and in case of emergencies may be restored on servers outside your data center location of choice.

15.5 You agree to notify us through your User Area in case the Backup Service malfunctions and allow us reasonable time to resolve the issue. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only obligation is to restore your data from a backup copy.

15.6 To the maximum extent applicable under national law and without affecting your rights as a Consumer, our Backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.

16.1 kCore Cloud retains ownership of all intellectual property rights related to the provisioning of the Service(s). kCore Cloud grants to you a non-exclusive, non-transferable limited license to access and use the Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans (“kCore Cloud’s content”) used by kCore Cloud are owned by or licensed to kCore Cloud. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store kCore Cloud’s content for purposes other than using our Services, without our express prior written consent.

Unless otherwise set out in these TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.

16.2 You are welcome to provide us with a written or verbal testimonials of our Services in connection with your use of the Services. You acknowledge and agree that we may, at our discretion, use the testimonial to promote our Services online and in social media. Further to our use of your testimonial, you hereby agree and give your consent to kCore Cloud to publish your name, voice or likeness, profession, website, video and/or contact information in connection with the publication of the testimonial. If you would like to withdraw your consent, please send your request to privacy@kcore.net.

17.1 Our site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that kCore Cloud has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. kCore Cloud shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute endorsement of such websites, their content, or their operators. kCore Cloud includes these links only for your convenience.

17.2 You acknowledge and agree that third-party links on our website may contain affiliate tracking and kCore Cloud may collect a share of sales or other compensation from such links.

To the maximum extent allowed by applicable law and without affecting your rights as a Consumer, you acknowledge and agree that the Services are provided by kCore Cloud as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that kCore Cloud makes no representation or warranty with respect thereto. kCore Cloud hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, kCore Cloud expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require kCore Cloud to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No kCore Cloud employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties kCore Cloud shall not be bound by them.

To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold kCore Cloud, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer or third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including kCore Cloud’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

You acknowledge and agree to indemnify, defend and hold harmless kCore Cloud defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of these TOS, our policies or documents which are incorporated herein, or any law; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS. For the purpose of this clause only, the term "you" as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services. The terms of this Article shall survive the termination of the Agreement.

21.1 The Term for each Service you purchase shall be set out on the Order. The Term may be extended as described in our Renewal Policy or may be terminated as described below. For avoidance of doubt, “Term” shall include the initial Term and any Renewal Term.

21.2 You may terminate a Service at any time through the User Area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will continue to be charged to any payment method on file. You are responsible for payment of any fees that arise out of your failure to complete a Cancellation Request. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable, as set out in our Money Back Policy.

21.3 If you are a Consumer, you have the right to withdraw from this Agreement, informing us of your decision to withdraw through the User Area (Cancellation Request) or by means of a clear declaration (e.g. a letter sent via post, fax or email). You can also use the model withdrawal form enclosed below, which—however—is not mandatory.

21.4 You acknowledge and agree that any domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including kCore Cloud) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.

21.5 Without prejudice to the provisions laid down in other clauses of thеsе TOS, kCore Cloud shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you breach these TOS, our Acceptable Use Policy or any other policy incorporated herein by reference, or any law and fail to cure that breach within 48 hours after receipt of written notice; (iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you or your End User(s) which damage kCore Cloud servers and facilities or the servers and facilities of other network hosts or Internet users; (iv) you disclose false or misleading allegations that may negatively impact our reputation and (v) transfer all or part of your obligations and/or rights under this Agreement to third parties, without our prior written consent.

21.6 kCore Cloud may also terminate this Agreement if (i) according to kCore Cloud's reasonable opinion, you do not have basic technical knowledge to use the Service(s) without excessive ongoing technical support; (ii) kCore Cloud determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason. Notice of such cancellation will be provided in writing, and cancellation will be effective after fifteen (15) days of the date of the notice.

21.7 kCore Cloud may discontinue provisioning of certain Service(s) or terminate this Agreement, if a third party ceases to make components of the Service available to us.

21.8 You understand that certain Services are provided only as a bundle. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of other aspects of the Services that are integral to the Hosting Account Service. Upon termination any information, data, content and files stored by you on our server shall be deleted. We may keep backup data for terminated Services for up to sixty (60) days after termination and provide you with access to that data upon request and subject to availability. IP addresses and server space are recycled. It is your obligation to ensure that you arrange to migrate your website(s) or content off our servers and relinquish use of the IP address assigned to you in connection with the use of our Service(s) prior to termination. We have no obligation to provide any Service(s) to you including forward of email(s) following termination.

21.9 Model Withdrawal Form

If you wish to withdraw from this Agreement, please fill in the form below and send it back to us:

"To
kCore Cloud, LLC
8524 Highway 6 North, Suite 532
Houston, TX 77095-2103

Email: legal@kcore.net

I/we () hereby withdraw from the agreement concluded by me/us () on the purchase of the following goods () / the rendering of the following services ():

Ordered on (date) / received on (date):

Name(s) of the consumer(s): ()

Address of the consumer(s): ()

Signatures of the consumer(s) (only in case of notification on paper)

Date: (date)

(*) Delete as applicable.”

22.1 If for any reason you are not satisfied with our Services, you may send your complaint to us via: (1) email at support@kcore.net, or (2) opening a support ticket, chat through the Help Desk in your User Area, or (3) registered mail to the following address:

22.2 You may have the option to escalate a chat or support ticket to a Supervisor/Manager. You should include any tracking numbers or other references from your previous correspondence with us in order to be able to recover the full history of your complaint.

22.3 We will take care to review, investigate and respond to any complaint(s) fairly and thoroughly. All complaints must be in writing and clearly indicate the name and contact details of the complainant. If you have relevant documentary evidence to support your complaint, it should be enclosed with the complaint. Evidence submitted should be as concise as possible and relevant to the complaint.

22.4 Complaints made over the phone shall be recorded, but wherever possible, should be confirmed in writing. Anonymous complaints will not be reviewed.

22.5 When you submit a complaint, kCore Cloud will acquire any and all personal data included in the complaint. In order to follow up on your complaint, kCore Cloud may need to provide your complaint enclosed with evidences to a person subject of the complaint and third parties as consultants and subcontractors. kCore Cloud shall process all personal data included in the complaints in compliance with our Privacy Policy.

22.6 kCore Cloud will review the complaint and will provide a written answer within 10 (ten) business days from receipt of the complaint. If the complaint requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when you can expect a final reply.

23.1 In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and kCore Cloud shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.

23.2 This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You acknowledge and agree that, by entering into this Agreement, you and kCore Cloud are waiving the right to a trial by jury. If you initiate litigation or any other proceeding against kCore Cloud in violation of agreed arbitration procedure, you agree to pay us reasonable costs and attorneys' fees incurred in connection with our enforcement of the articles regulating the arbitration proceeding.

23.3 This Article 23.2. will not apply to domain name and intellectual property infringement disputes.

23.4 Notwithstanding the provisions of Article 23.2., nothing in these TOS will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (ii) seek injunctive relief in a court of law; or (iii) to file suit in a court of law to address an intellectual property infringement claim.

23.5 Any arbitration between the Parties will be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting kCore Cloud. If there is a discrepancy between AAA Rules and the rules set forth in these TOS, the rules specified in the TOS shall apply. You are entitled, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state or local law, as limited by Limitation of Liability agreed in Article 19 of these TOS. All disputes subject to arbitration shall be resolved by one neutral 1 arbitrator, and the Parties shall have opportunity to participate in the selection of the arbitrator. The arbitrator shall be bound by these TOS. The place of the arbitration at the AAA location shall be chosen by kCore Cloud in the City of Houston, Texas but if claim is for less than 0,000, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing in City of Houston, Texas. English language shall be used as the written and spoken language for all matters connected with all references to arbitration. During the arbitration, the amount of any settlement offer made by each of the Parties will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The decision of the arbitrator shall be made in writing containing the essential findings and conclusion on which an award, if any is based. The decision of the arbitrator shall be final and binding on the Parties, save in the event of fraud, manifest mistake or failure by the arbitrator to disclose any conflict of interest. The decision of the arbitrator may be enforced by any court of competent jurisdiction and may be executed against the person and assets of the losing party in any jurisdiction. For the avoidance of doubt, such court includes any court that is authorized to make such an order by virtue of any treaty or legislation relating to the reciprocal enforcement of foreign arbitral awards or judgments.

23.6 A party who intends to initiate an arbitration procedure to settle the dispute must first notify the other Party by sending a written notice to legal@kcore.net or sending the notice by U.S Postal Service certified mail to kCore Cloud LLC, 8524 Highway 6 North Suite 532, Houston, TX 77095-2103. The notice must contain full contact details: name, address and e-mail, the nature and basis of the dispute/claim and the relief requested. In the event of a dispute between the Parties arising out of or in connection with these TOS the Parties hereto shall use their best efforts to resolve the dispute in an amicable manner. If the Parties may not reach an agreement to resolve the dispute within 60 days following the receipt of the dispute notice, each Party may initiate an arbitration procedure under the Article 23.2 of these TOS. You may find a copy of a Demand for Arbitration at www.adr.org: Consumer Arbitration Rules. Any claim or dispute to which arbitration procedure apply must be filed within one year of the date you could first file the claim, unless your local law requires a longer time to file claims. If the claim or dispute is not filed within that time, then it is permanently barred.

23.7 Both Parties agree that each of them may bring claims against the other Party only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

23.8 The AAA rules will govern payment of filing fees and the AAA/s and arbitrator’s fees and expenses, unless the Parties agree on them.

23.9 If you do not wish to be bound by the arbitration clauses set forth in these TOS, you may send us an opt-out notice within thirty (30) days following the date you accept these TOS, unless a longer period is required by the applicable law. You may send your opt-out notice to us at legal@kcore.net or sending the notice by U.S Postal Service certified mail to kCore Cloud LLC, 8524 Highway 6 North Suite 532, Houston, TX 77095-2103. In the event you opt-out from the arbitration procedure, all other terms contained herein shall continue to apply, including those related to the applicable law and the court in which claims may be filled.

23.10 Both Parties agree that any disputes not subject to arbitration procedure and class action waiver provisions in this Article 23.2 (other than an individual action filed in small claims court) shall be brought before the U.S. District Court for the Southern District of Texas (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the appropriate state court located in Harris County, Texas, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. Any claim related to this Agreement, must be filed within one year of the date you could first file the claim, unless your local law requires a longer time to file claims. If the claim is not filed within that time, then it is permanently barred.

23.11 State law issues concerning construction, interpretation and performance of these TOS shall be governed by the substantive law of the State of Texas, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.

23.12 Your local consumer laws may require some local laws to govern or give you the right to resolve disputes in another forum despite these TOS. If so, the provision regulating the choice of law and dispute resolution apply as much as your local consumer laws allow.

Each Party will comply with all applicable federal, state and local laws and regulations.

24.1 We will send notices to you using the contact information in your Customer Account. We may send you notices by email, a ticket in our Help Desk or a notice posted in your User Area. We have no responsibility for notices not delivered due to outdated or inaccurate contact information.

24.2 Any notices to us related to issues governed by our Privacy Policy shall be addressed to us at legal@kcore.net or to our Data Protection Officer who can be reached at privacy@kcore.net.

24.3 Any notice related to copyright/trademark infringement shall be address to our Designated Agent:

24.4 You may send us notices, requests, claims, consents, waivers, demands or any other communication related to this Agreement by (i) opening a ticket through the Help Desk in your User Area; (ii) email; (iii) first-class mail; or (iv) internationally recognized courier.

Please address your notices to:

24.5 Notice shall be considered duly given and effective: (i) if sent by ticket, on the date the ticket is recorded in the Help Desk; (ii) if sent by email, on the day when received in the designated email account; (iii) if sent by first-class mail, on the date of delivery by the appropriate postal service; (iv) if sent by internationally recognized courier, on the date of delivery by such courier.

25.1 Export Laws. You must comply with all domestic and international export and import control laws and regulations that apply to the software and/or Services, and, in particular you will not use the Service to export or re-export data or software without all required United States and foreign government licenses. You assume full legal responsibility for any access and use of the Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be yours responsibility to obtain the same, and in case of any breach of this duty resulting in legal claims against kCore Cloud, you shall defend, indemnify and hold kCore Cloud harmless from all claims and damages arising therefrom.

25.2 Waiver. If at any time during the term of this Agreement we fail to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated by you in writing.

25.3 Assignment. Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without our prior explicit written consent. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that kCore Cloud may assign its rights and obligations under this Agreement, and may engage subcontractors in performing its duties and exercising its rights hereunder, without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees.

25.4 Independent Contractors. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

25.5 Severability. If any one or more of the provisions contained herein or of the applicable policies of kCore Cloud shall, for any reason, be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement and the policies announced on our site shall not be affected.

25.6 Force Majeure. With the exception of Customer’s payment obligations, neither Party will be responsible for any interruption, delay or other failure to fulfill any obligation under this Agreement resulting from acts of God, storms, flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond the control of that Party.

In the event of an occurrence of a Force Majeure, the Party whose performance is affected thereby shall give to the other Party notice of suspension as soon as reasonably practicable, stating the date and extent of such suspension and the cause thereof, and such Party shall resume the performance of such obligations as soon as reasonably practicable upon the cessation of such Force Majeure and its effects.

During a Force Majeure event, you shall be entitled to seek an alternative hosting provider at your own cost with respect to the affected Services. If a Force Majeure event continues to exist for more than twenty (20) consecutive days, each Party shall be entitled to terminate the Agreement for affected Services.

kCore Cloud may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email and via notices in your User Area. kCore Cloud shall not be liable for your failure to receive an email notification due to an inaccurate email address.

If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us.

To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and kCore Cloud, unless you have sent us a termination notice.

Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.

Articles 5, 11.10., 15.6., 18, 19, 20, 23, 24, 25.5 and 27 shall survive the termination of this Agreement.

The kCore Cloud Acceptable Use Policy (AUP) sets out the rules and guidelines for using our Services. Adherence to this Acceptable Use Policy is part of the agreement between kCore Cloud LLC (“kCore Cloud”) and you, your employees, assigns, agents, subsidiaries, executors, and successors. You further agree that if you allow any end users, employees, agents, customers, or other third parties to use services hosted by kCore Cloud, you will ensure that they do so under compliance with the kCore Cloud Terms of Service, this AUP, and any other applicable agreement between you and kCore Cloud.

You agree that each of the following constitutes a Prohibited Activity, and that you will not use any hardware, software, or any other product or service provided to you by kCore Cloud under the terms of any agreement therewith to engage in any of the following activities:

• Violating any applicable local, state, national or international law, including, but not limited to, regulations, ordinances, rules or any requirements of any applicable national or local authorities/regulator;
• Transmitting any unsolicited commercial or bulk email. You will not engage in any spamming activities, nor will you use bulk email as a method for a Denial of Service (DoS) attack (Mail Bombing);
• Transmitting any email or other electronic message containing advertising or other commercial solicitation that does not include a way for the recipient to opt out of receiving any such messages in the future.
• Violating the terms of service, code of conduct, end-user license agreement, or any other such agreement of any other software, social media site, website, service, or company;
• Making, attempting, or allowing any unauthorized access to any other third party website, server, hosting account, or computer;
• Allowing any third party not authorized under the terms of your agreement with kCore Cloud to access or attempt access to any website, server, or hosting account provided to you by kCore Cloud;
• Allowing any remote code execution of malicious software;
• Causing or allowing denial of service attacks, port scans or other endangering and invasive procedures against kCore Cloud servers and facilities or the servers and facilities of other network hosts or Internet users. You agree to abide by industry best practices in preventing any malicious software to either perform a denial-of-service attack on kCore Cloud’s servers and facilities or to use kCore Cloud’s servers and facilities as a host for launching such an attack;
• Forging the signature or other identifying mark or code (including cryptographic signatures, keys, or certificates) of any other person or entity or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
• Displaying, storing, distributing or otherwise making available any content or material that you are not authorized to display, store, distribute, or make available, whether because prohibited by law, agreement, or any other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;
• Displaying, storing, distributing or otherwise making available any "protected health information" as defined under the Health Insurance Portability and Accountability Act ("HIPAA") and any other applicable federal, state, or local laws, regulations, or statutes;
• Hosting websites or other services related to High-risk Activities without the express written consent of kCore Cloud. High-risk Activities are defined as activities carried out using kCore Cloud's services that, should any interruption or malfunction of service occur, could result in injury, death, serious property damage, interruptions to infrastructure, or other serious or wide-reaching repercussions. Examples of High-risk Activities include but are not limited to: health or vital signs monitoring; running any sort of healthcare equipment; hosting high-speed trading algorithms, brokerage software, or other sensitive financial software; or monitoring or running infrastructure such as power plants, water control, traffic control, or air traffic control. In the event you choose to host any High-risk Activities with kCore Cloud, you represent that you understand that no provider can guarantee one-hundred percent uptime, and that interruptions to service can happen at any time and for a variety of reasons not in the control of kCore Cloud. You represent that you have sufficient backup and/or redundant systems in place to prevent serious injury to property, people, or any other interest in the event of an interruption to your service with kCore Cloud. You understand that kCore Cloud will only agree to host or otherwise service your High-risk Activities on condition of these representations. You agree that kCore Cloud retains exclusive discretion to deny for any reason hosting or otherwise servicing any activity it deems high risk, that kCore Cloud is under no obligation to provide a reason for choosing to deny services to any High-risk Activity, and that kCore Cloud is not obligated to act reasonably in denying a request to host or service High-risk Activities.
• Impersonating any person or entity;
• Harming or seeking to harm minors in any way;
• Hosting or operating an audio and/or video streaming service;
• Hosting websites that make use of cryptopools, contain mining scripts, promote cryptocurrency money-making schemes, or are crypto exchange or crypto airdrop sites;
• Hosting any website, content, links or advertisements of websites that:
• infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
• contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;
• contain Illegal software, Hacking/Phreaking Software (Warez), or any other malicious or illegal software;
• contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
• contain any kind of proxy server or other traffic relaying programs;
• promote money making schemes such as pyramid schemes or ponzi schemes, multi-level marketing, or similar activities;
• contain Torrent trackers, Torrent Portals or similar software;
• are used to operate and contain peer-to-peer network systems and file sharing systems;
• contain, provide, or describe any adult content, pornographic, obscene, or unlawfully harassing material.
• contain, provide, or describe any child sex abuse material (CSAM);
• contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent's consent in the case of a minor);
• advertise, encourage or give any kind of support to the use and/or sale of drugs and any related substances without permission by the government or other authority;
• contain any data, material, or content that is unlawful, abusive, threatening, harassing, or defamatory;
• contain fake news, misleading, untruthful or inaccurate information;
• promote, encourage or give any kind of support to violence and terrorism.

Examples of unacceptable content, data, materials, websites on all kCore Cloud servers include but are not limited to:

IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.

Hosting or otherwise servicing any website containing any of the above is a Prohibited Activity and may result in the termination of your services with kCore Cloud.

Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers.

You are solely responsible for ensuring that all programs and scripts installed or used on any service, server, or website provided to you under the terms of your agreement with kCore are secure and the permissions of directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity while using the Services, including any compromise of login credentials.

You agree to keep all your login credentials secure at any time. We reserve the right to carry out audits to determine the security level of login credentials. In the event that we determine your login credentials have been compromised (e.g. were brute-forced, hijacked, stolen, etc.) and are being used or were used for uploading, maintaining, running unacceptable content, data materials or websites, we may suspend access to the compromised Service (including but not limited to Customer Account, hosting service, user accounts, website, FTP service, Email service). We will notify you if such actions are taken against your hosting account.

kCore Cloud shall not provide legal advice referring to compliance of content and materials uploaded on or transmitted through our Services. You shall be solely responsible for verifying whether your content and materials comply with any applicable law, including laws in jurisdictions where your content and/or materials are uploaded, hosted or accessed. kCore Cloud shall not bear any liability if your use of the Services violates any law or regulation.

If your use of the Services results in violation the AUP, we may take immediate corrective action without prior warning, including deletion of content or suspension of services. Repeated violations of the AUP will result in termination of the Agreement with no refund. You agree that amounts not refunded shall be reasonable liquidated damages and not a penalty. kCore Cloud shall not be liable for any loss or damage arising from our measures taken against actions causing harm to kCore Cloud, other kCore Cloud customers or any third party.

We reserve the right to terminate the Agreement for Services suspended for violation of the AUP or the TOS with no refund.

Any violation of our AUP should be reported to us at abuse@kcore.net.

This AUP is an integral part of the kCore Cloud Terms of Service (TOS). For all issues related to the use of the services not settled by the AUP, the provisions of the TOS shall apply.

kCore Cloud fully complies with the Digital Millennium Copyright Act (also known as DMCA) to protect the rights of copyrights owners. If you think that a website hosted on any of our servers contains materials that rightfully belong to you or an entity you represent, you may contact us and invoke the protections provided by the DMCA act.

The complaining party is required to deliver to kCore Cloud the following information:

1. Identification of the copyrighted work(s) claimed to have been infringed;
2. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and information reasonably sufficient to permit us to locate the material (please provide us the URLs from our customer's website where the infringing material is located);
3. Information reasonably sufficient to allow us to contact the complaining party such as email, telephone, fax, etc.;
4. The following statements printed, signed manually and sent (you may scan and attach the statement to an email):

   "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."

   "Under the penalty of perjury I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed."

5. A physical, faxed, or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES.

Please note that after we receive your formal complaint, we are required to inform the alleged infringing party of your complaint. If our customer does not remove the infringing material, we will disable access to that material.

The customer has the right to submit a counter-notification in case they disagree with the claim. In such case, the complaining party is provided with 10 days to file a lawsuit against our customer and provide a proof of filing. If no such proof is submitted or a restraining order is not granted, kCore Cloud will reinstate access to the material.

In case a copyright complaint is filed against a kCore Cloud customer, the customer may voluntarily remove the material or may submit a counter-notification indicating that the case will be resolved in court. The counter-notification must include all of the following:

1. Identification of the material that has been removed or to which access has been disabled and its location;
2. The legal name, address, and telephone number of the entity or person claiming to have legitimate access to the content;
3. The following statements printed, signed and sent (you may scan and attach them to an email):

   "I have a good faith belief that the material was removed or disabled in error or misidentification and I believe it is not infringing upon anyone’s copyrights. I understand that I am declaring the above under penalty of perjury, meaning that if I am not telling the truth I may be committing a crime."

   "I consent to be served by the person, who gave notice to my Service Provider, or his agent. I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which the Service Provider may be found."

4. A physical signature of the alleged infringer.

As required by the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512 (c)), all notifications of copyright infringement regarding websites hosted by kCore Cloud should be sent ONLY to its designated agent.

ANY INQUIRIES OTHER THAN THESE RELATED TO THE DMCA WILL BE DELETED.

For more information about DMCA please visit https://www.copyright.gov/legislation/dmca.pdf

kCore Cloud LLC resells top-level domain names (TLDs), gTLDs (generic top level domains), and ccTLDs (country-specific top level domains).

The following Agreement ("Terms" or "Agreement") applies to your use of domain names registered through or transferred to kCore Cloud LLC ("kCore Cloud," "us,", "our"). This Agreement is an integral part of the kCore Cloud Terms of Service ("TOS") and together with the Registrant Agreement provided by the respective Registry or Registrar of record, and ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) represents the entire Agreement between you and kCore Cloud with regard to your use of domain names and any domain-related Services.

kCore Cloud is the trade name of kCore Cloud LLC. By purchasing a domain from or transferring a domain to kCore Cloud, you declare that you have read, understood and agree to be bound by these Terms. The terms and conditions of our Registrars can be reviewed at:

• TuCows (OpenSRS) Domain Registration Agreement
• ICANN Registrant Rights and Responsibilities
• ICANN UDRP

kCore Cloud is not responsible for any domain names associated with our Services but not registered through us.

1.1. You may apply for a domain name registration by sending an Order for purchase of Services from kCore Cloud. We cannot guarantee that the domain name applied for in your Order will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted an Order to register a domain name until we send you notification that your Order has been accepted and your domain has been registered.

1.2. The registration and ongoing use of a domain name are subject to the relevant naming authority's terms and conditions of use, which are hereby incorporated by reference. You acknowledge and agree that kCore Cloud bears no responsibility should a naming authority refuse to register a domain name.

1.3. If you register a domain name through or transfer a domain to kCore Cloud, you will be able to manage the domain through a domain management facility in your User Area.

1.4. Domain names and any domain-related services are subject to renewal and termination as set out in the kCore Cloud TOS. Domain registration and renewal fees are non-refundable in any event. The maximum renewal period for different TLDs may vary depending on the respective Registry. Renewal fees for expired domain names may vary depending on the Registrar of record.

2.1. As part of the registration process, you are required to provide certain information to us, and to promptly update this information as needed to keep it current, complete, and accurate. We will use this information in accordance with the TOS and our Privacy Policy. The information required in order to process your domain name registration is set out on your Order.

2.2. If you provide information about a third party, you hereby represent that you have provided notice to such third party of and have received their explicit prior consent to the disclosure and use of their information as set forth in the TOS.

2.3. Some Registries require that you confirm your contact information after initial registration and/or after any changes before a domain name registration is completed or updated. If this applies for your domain, either kCore Cloud or the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted which will affect the functionality of any kCore Cloud Services associated with that domain. You are solely responsible for following any instructions you receive in order to keep your domain name registration in good standing.

2.4. You acknowledge and agree that upon domain name renewal the type of information you are required to provide may change. If you do not agree to provide the new information, your registration will not be renewed.

2.5. The information you provide determines the ownership of the domain. For non-expired domain names registered through kCore Cloud, and subject to availability and the requirements of the respective Registry, this information may be updated through your User Area.

2.6. You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. You are responsible for any changes to your domain name contact details made through the kCore Cloud User Area.

2.7. You acknowledge and agree that if you (i) provide inaccurate information; (ii) fail to update contact information promptly; or (iii) fail to respond to kCore Cloud or Registrar inquiries regarding the accuracy of your domain name contact details within any specified timeframe, this shall constitute violation of the Terms and may result in suspension and/or cancellation of your domain name registration.

3.1. By registering a domain name through or transferring a domain to kCore Cloud, you understand and agree that the Registrar of record, relevant Registry or ICANN may establish guidelines, limits and/or requirements regarding what information kCore Cloud must collect from you in order to provide the Services to you and how we may use such information.

3.2. You acknowledge and agree that kCore Cloud will make available domain name registration information you provide, or that kCore Cloud otherwise maintains, to ICANN, the Registrar of record, the Registry and other third parties as required or permitted by ICANN and applicable laws.

3.3. You hereby give your explicit consent to the collection, use and disclosure of domain name registration information as set out in this Agreement and the TOS. You hereby irrevocably waive any and all claims and causes of action you may have arising from such use or disclosure of information by kCore Cloud.

4.1. You can change the Registrar of record for an existing domain name in accordance with the transfer policy and requirements of the relevant Registry. Only the individual or entity listed as the registrant in the current domain name registration ("Domain Name Owner") may initiate a request to transfer the domain to kCore Cloud. By purchasing domain transfer Services from us you hereby represent that you are the Domain Name Owner or that you have been duly authorized by the Domain Name Owner to initiate a transfer.

4.2. The information required to initiate a domain name transfer will be collected on the Order. We may require that you provide additional documentation that proves the ownership of a domain before or after a transfer request is initiated. If the Registrar of record is being changed simultaneously with a trade of a domain name from one party to another, we may also request that you submit appropriate authorization for the transfer - i.e. a bilateral agreement between the parties, a final determination of a binding dispute resolution body, a court order, or other appropriate authorization.

4.3. Upon successful completion of the registrar transfer request, our Registrar shall immediately become the Registrar of record.

4.4. You acknowledge and agree that any domain name transfer is subject to the terms and conditions set out by the respective Registry. kCore Cloud shall not be responsible for transferring domains that do not meet the requirements for transfer of the respective Registry.

5.1. If set out in your Order, and subject to availability, we will provide private domain name registration services to you (Domain Privacy). If we provide Domain Privacy services to you, you acknowledge and agree that the Service is extended to you as provided by the respective Registrar and kCore Cloud shall not be liable if your identity is mistakenly disclosed.

5.2. By purchasing Domain Privacy Services from us you agree that (i) your use of the Services shall comply with the terms and conditions set out in the TOS; (ii) you are responsible for keeping your domain name contact information accurate and up to date; (ii) you must not use the Services in order to evade any legal, registry, ICANN or other requirement or regulation; (iii) you shall immediately respond to any notice we or the domain name Registrar may forward to you as a result of your use of Domain Privacy Services.

6.1. If you purchase domain name Services from kCore Cloud, the domain name shall be associated with your Customer Account and you shall be solely responsible for managing the domain in full compliance with this Agreement and the TOS, even if the domain is registered to or owned by a third party.

6.2. Any dispute between you and any third party regarding a domain name must be resolved between the parties involved. kCore Cloud will neither be a party in a dispute, nor will facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the Registrar of record or the relevant Registry. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party. In any case, disputes for the ownership of domain names shall be governed by ICANN's UDRP which is an integral part of this Agreement.

This Domain Registration Agreement is an integral part of the kCore Cloud Terms of Service and may be modified in accordance with the provisions set out in the TOS.