Hosting

Service Agreement

This Web Hosting Agreement (this “Agreement”) is between Kuyoko Limited, a Limited company formed under the laws of England & Wales with its principal office at 78 York Street, London, W1H 1DP.

Kuyoko and the person (individual or legal person) whose signs Kuyoko’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Kuyoko’s Web hosting service.
Table of Contents

Services
Term
Payments
Law/AUP
Customer Information
Indemnification
Warranties Disclaimer
Liability (Limitation of Damages)
Suspension of Services/Termination
Request for Customer Information
Back Up Copy
Changes to Network
Notices
Force Majeure
Miscellaneous

Whereas:

(1) kuyoko offers website hosting services to clients using all appropriate hardware providers connected to the World Wide Web via the internet.

(2) Customer wishes to use kuyoko’s Service to host the Customer’s Website and/or selected internet services under the terms and conditions of this Agreement.

Customer’s access to and use of the Service constitutes the Customer’s acceptance and agreement to be bound by these terms and conditions.

It is agreed as follows:

1. Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of kuyoko’s credit approval requirements, kuyoko agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that kuyoko generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless kuyoko or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

3. Payments

(a) Fees

Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. kuyoko may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes kuyoko to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise kuyoko will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in United States dollars. Customer is responsible for providing kuyoko with changes to billing information (such as credit card expiration, change in billing address) At its option, kuyoko may accrue charges to be made to a credit/debit card until such charges exceed $10.00. kuyoko may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. kuyoko may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay kuyoko’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay kuyoko’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases

kuyoko may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

At kuyoko’s request Customer shall remit to kuyoko all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on kuyoko), regardless of whether kuyoko fails to collect the tax at the time the related services are provided.

(d) Early Termination

Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event kuyoko terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for kuyoko’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

4. Law/AUP

Customer agrees to use the service in compliance with applicable law and kuyoko’s Acceptable Use Policy posted at http://www.kuyoko.com/aup.html, which is hereby incorporated by reference in this Agreement. Customer agrees that kuyoko may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of kuyoko’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with kuyoko’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between kuyoko and Customer regarding the interpretation of the AUP, kuyoko’s commercially reasonable interpretation of the AUP shall govern.

5. Customer Information

Customer represents and warrants to kuyoko that the information he, she or it has provided and will provide to kuyoko for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to kuyoko that he or she is at least 18 years of age. kuyoko may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

6 Indemnification

Customer will fully indemnify kuyoko against all costs, expenses, liabilities, losses, damages and judgments that kuyoko may incur or be subject to as a result of any of the following:

Customer’s misuse of the Service;
Customer’s breach of this Agreement;
Customer’s negligence or other act of default;
The Activities of third parties conducted on Customer’s website using facilities such as blogs, forums and chat.

7. Warranty Disclaimer

Subject to the provisions of this Agreement, kuyoko gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

8. Liability

kuyoko shall not be liable to Customer or to third parties for:

Any losses resulting from interruptions or downtime to the Service;
Any inability, on the part of Customer, to use the Service;
Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
Nothing in this Clause shall exclude the liability of kuyoko for death or personal injury resulting from kuyoko’s negligence or that of its employees or agents.
Nothing in this Clause or in this Agreement shall exclude the liability of kuyoko for fraudulent misrepresentation.

9. Suspension/Termination.

(a) Suspension of Service

Customer agrees that kuyoko may suspend services to Customer without notice and without liability if: (i) kuyoko reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) kuyoko reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay kuyoko’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b) Termination

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if kuyoko fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by kuyoko prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from kuyoko describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Requests for Customer Information

Customer agrees that kuyoko may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that kuyoko believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by kuyoko notwithstanding any agreement by kuyoko to provide back up services.

12. Changes to kuyoko’s Network

Upgrades and other changes in kuyoko’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. kuyoko reserves the right to change its network in its commercially reasonable discretion, and kuyoko shall not be liable for any resulting harm to Customer

13. Notices

Notices to kuyoko under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.kuyoko.com/talk/contact.html Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

14. Force Majeure

Neither kuyoko nor Customer shall be liable for breaching this Agreement where that breach results from Force Majeure. Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.

15. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on kuyoko unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without kuyoko’s prior written consent. kuyoko’s approval for assignment is contingent on the assignee meeting kuyoko’s credit approval criteria. kuyoko may assign the Agreement in whole or in part. In the event that any provision of this Agreement is found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The waiver by either party of any provision of this Agreement will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision. This Agreement is governed by the laws of England and Wales. Any dispute relating to this Agreement shall fall within that jurisdiction. Both parties shall keep in strict confidence all information which are of a confidential nature and have been disclosed by one party to the other party and shall procure that the receiving party’s employees, agents, consultants or subcontractors keep in strict confidence all such information other than for the purposes of performing its obligations under this Agreement.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

Privacy Policy

We are committed to safeguarding your privacy. This privacy policy outlines how we will treat your personal information.

Information we collect

We collect, store and use the following kinds of personal information:

information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation)
information that you provide to us for the purpose of registering with us your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
any information your provide us when you contact us for customer support including information about your operating system, software and other technical matters
any other information that you choose to send to us.

We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.

If we send you an e-mail, we may include a marker that will allow to know when the e-mail that is opened and viewed.

Use of Personally Identifiable Information

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

administer the website and improve the functioning of the site;
improve your browsing experience by personalising the website;
enable your use of the services available on the website;
to process your payments;
send you email notifications which you have specifically requested. You can inform us any time if you no longer wish to receive such emails.
send you emails about special offers and promotions. However you may you may opt out of such e-mails at any time by following the instructions included in the e-mail.

Disclosures

We may disclose information about you to any of our subsidiaries, employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose your personal information:

to the extent that we are required to do so by law;
in connection with any legal proceedings or prospective legal proceedings;
in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and
to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this privacy policy, we will not provide your information to third parties.

Cookie

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We use the cookies to keep track of you whilst you navigate the website and enable our website to recognise you when you visit.

Security of Your Information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted using (method).

Data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You must keep you password and user details confidential. We are not responsible for the security of your password and user details.

International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries including America which do not have data protection laws equivalent to those in force in the European Economic Area.

Changes to Privacy Policy

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes. We may notify you of such changes by email. However we are not obliged to do so.

Contact

If you have any questions about this privacy policy or our treatment of your personal information, please Contact Us.

Data controller

The data controller responsible in respect of the information collected on this website is Kuyoko Limited.

Our data protection registration number is (number).

Online

Submit a support ticket here.

Postal

Kuyoko Hosting
Global Networks International Ltd
37B-39B Freelands Road
Bromley
Kent
BR1 3HZ

Telephone

0845 241 8000

Kuyoko Limited
Acceptable Use Policy
(“AUP”)

This AUP governs the use of Kuyoko’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Kuyoko regarding the interpretation of this AUP, Kuyoko’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact This email address is being protected from spambots. You need JavaScript enabled to view it.

Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Other
Disclaimer
Internet Abuse
Newsgroup, Chat Forums, Other Networks

1. Offensive Content

You may not publish or transmit via Kuyoko’s service any content that Kuyoko reasonably believes:

constitutes child pornography;
constitutes pornography;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person’s trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Kuyoko; or
is otherwise malicious, fraudulent, or may result in retaliation against Kuyoko by offended viewers.

Content “published or transmitted” via Kuyoko’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Kuyoko.

2. Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

3. Bulk Commercial E-Mail

You must obtain Kuyoko’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Kuyoko’s reasonable satisfaction:

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Kuyoko’s requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. .
You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
You must post an This email address is being protected from spambots. You need JavaScript enabled to view it. e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
You must have a Privacy Policy posted for each domain associated with the mailing;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
You otherwise comply with the Privacy and Electronic Communications ( EC Directive) Regulations 2003 and all other applicable laws.

These policies apply to messages sent using your Kuyoko service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Kuyoko service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Kuyoko may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

4. Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Kuyoko’s services.

5. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
you are otherwise permitted by established United States copyright law to copy the work in that manner;

Kuyoko will terminate the service of repeat copyright infringers.

6. Copyright Infringement Notice

If you believe your copyright is being infringed by a person using the Kuyoko network, please send your written notice of copyright infringement to:

Kuyoko Limited, 78 York Street, London, W1H 1DP

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kuyoko to locate the material;
Information reasonably sufficient to permit Kuyoko to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Kuyoko network.

8. Disclaimer

Kuyoko is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Kuyoko network.

Inquiries regarding this policy should be directed to Customer Support at Kuyoko Limited.

9. Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Kuyoko and its customers) without express authorization of the owner of the system or network;
monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the Kuyoko’s network.
Use of Kuyoko’s network in a way that unreasonably interferes with Kuyoko’s other customers use of the network

10. Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

The Widgetkit Media Player is a HTML5 audio and video player completely built HTML and CSS. You can easily embed video files into your website by using the HTML5 video element. A Flash player fallback is included for all unsupported browsers.

Features

Native playback for modern HTML5 browsers
Supports MP4 (h.264), WebM, FLV, WMV and MP3 files
Completely built with HTML and CSS
Same UI in all browsers
Create your own skins
Flash player fallback for unsupported browsers
Works with Joomla 1.5, 1.6, WordPress and Stand-alone

Examples

This is a MP3 Audio Sample:

How To Use

Use the HTML5 video element to embed video in your website. For example:

<video src="/video.mp4" width="320" height="240"></video>

You can also provide multiple sources, to add support for the different video formats like h.264, WebM or Ogg:

<video width="320" height="240">
	<source type="video/mp4"  src="/video.mp4" />
	<source type="video/webm" src="/video.webm" />
	<source type="video/ogg"  src="/video.ogv" />
</video>

Use the HTML5 audio element to embed MP3 files in your website. For example:

<audio src="/audio.mp3" type="audio/mp3"></audio>