Terms & Conditions of Service  (PRIVACY POLICY Can be read HERE)

KrogNetix Technologies registers Domains on the Internet through the relevant governing bodies and Hosts Web-sites and related material on the KrogNetix Technologies' server(s) on behalf of Customers (hereafter referred to as "customer"). These terms and conditions apply to all services offered by Krognetix Technologies past, present and future. This agreement represents the complete agreement and understanding between KrogNetix Technologies and the customer and supersedes any other written or oral agreement. Upon notice published on-line via www.allover.ca KrogNetix Technologies may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify our Administration Department at admin@allover.ca so we can initiate a closure of your account. Submission of our order form and/or USE OF YOUR ACCOUNT shall constitute that you have read and fully agree to these terms and conditions.

1.) Contractual Capacity

a.) Customer or its Agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorized by the Customer to contract on Customer's behalf.

2.) Domain Names

a.) The Domain Name Customer hereby:

i.) acknowledges that KrogNetix Technologies has not and does not conduct pre-registrability searches in respect of the Customers use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name Customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights; and

ii.) confirms that the use or registration of the Domain Name by Customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that Customer has the right to use the Domain Name as requested;

iii.) acknowledges and agrees that KrogNetix Technologies cannot and will not act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Customer acknowledges that should Krognetix Technologies be presented with evidence that a Domain Name registered by Customer violates the rights of a third party that Krognetix Technologies shall be allowed to provide a complainant with Customer's name, address and telephone number and all further communication will exclude All Over or Krognetix Technologies and KrogNetix Technologies will have no further obligations to the Customer. In such instance Customer shall be entitled to continue using the Domain Name registered for Customer by Krognetix Technologies until a court directs otherwise.

iv.) accordingly indemnifies KrogNetix Technologies against any loss whatsoever arising from any dispute or claim occasioned by the Customer's use and registration of its selected Domain Name, even if Krognetix Technologies has been advised of the possibility of such damages.

3.) Hosting

*KrogNetix Technologies takes no legal responsibility for the content of our client websites. We are in no way liable for any material contained in our clients web sites. Any legal action taken towards our clients, will not in any way involve KrogNetix Technologies. Upon registration for our services, the client thereby agrees that AllOver Technologies is exempt from any legal action taken in regards to the clients web site content. AllOver will abide by any court order in regards to removal, or suspension of material on our clients web sites. Only a court order issued by a judge in the province of BC, or the federal court of Canada will be obeyed. All Over or Krognetix Technologies does not allow the distribution of copyrighted materials on our web hosting systems. (see section 7-D)

a.) The Hosting Customer hereby:

i.) Initial Set-up (if any) and Once-off fees where applicable are payable up-front and non-refundable. Domain Name Registration fees constitute an annual payment as charged by KrogNetix Technologies and paid forth immediately by KrogNetix Technologies to the respective domain registering authority (registry). This annual charge is displayed on the website and is subject to change without notice.

i.a) In respect to monthly credit card payments, KrogNetix Technologies may add the cost of 1 year domain name registration to a single monthly payment to ensure the domain name does not expire. No other fees will be added without the clients consent. It is the responsibility of the client to contact AllOver or Krognetix Technologies if they do not wish to renew the domain name 14 days prior to the domain name expiry date. Domain name registrations are non-refundable.

i.b) Any claim for a refund, due to a duplicate payment must be submitted within 6 months of original invoice date.

ii.) acknowledges that Krognetix Technologies will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer's selected domain names/s.
 

iii.) Krognetix Technologies makes no warranties or representations of any kind, whether express or implied as to the service it is providing. KrogNetix Technologies also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of the Customer. Use of any information obtained through Krognetix Technologies is at the Customer's own risk, and Krognetix Technologies specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to Connection speed represents the speed of a connection to, and does not represent guarantees of available end to end bandwidth.
 

iv.) For the Hosting Solutions, the provision of the service(s) referred to herein (aside from those which constitute a once-off service) shall endure for an initial period of 1 (one) month from date of signature hereof. After the initial 1 month period, notice of cancellation of any or all of the terms of this agreement may be given in writing by no later than the 20th of the month prior to the month in which cancellation is required, failing which, Customer shall be liable for the relevant fees and charges in respect of the subsequent month.
 

v.) Customer shall ensure that there are sufficient funds in the account, details of which have been supplied to All Over or Krognetix Technologies to cover such amount. Failure to comply with this, will result in Customer's services being suspended and a once off fee for re-activation to be charged. All costs of returned debit orders is for the Customer's account.
 

vi.) Customer expressly agrees that use of KrogNetix Technologies' Server(s) and Services are at Customer's sole risk. Neither KrogNetix Technologies, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that KrogNetix Technologies' Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the KrogNetix Technologies Server service, unless otherwise expressly stated in this Agreement.
vii.) KrogNetix Technologies will not be responsible for exercising control over the content of the material hosted on, or the information passing through the KrogNetix Technologies network.
 

viii.) Krognetix Technologies reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to any time after it has been put on KrogNetix Technologies' server(s). Krognetix Technologies agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of KrogNetix Technologies. If the Customer fails to modify the material, as directed by Krognetix Technologies, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
 

ix.) Krognetix Technologies reserves the right to display the fact that Customer's web site is hosted by KrogNetix Technologies. This may be in the form of a list of customers on the All Over web site. The Customer may also choose to display a "Hosted By All Over" button on their web site if they so choose but this is in no way enforced by KrogNetix Technologies.
 

x.) Customer will provide Krognetix Technologies with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of KrogNetix Technologies. KrogNetix Technologies shall make no effort to validate this information for content, correctness or usability. KrogNetix Technologies has the right to disable such non-"Server-ready" materials, such as ASP or PHP scripts or programs which consume an unreasonable amount of CPU (Central Processing Unit) usage or RAM (Random Access Memory) as determined by KrogNetix Technologies.
 

xi.) Krognetix Technologies may at its discretion at any time, suspend access to any Customer's website without notice, due to over-consumption of bandwidth, CPU usage, or any other reason which might effect the performance / security of Krognetix Technologies services. AllOver may also terminate the clients account, and issue a refund.
 

xii.) Use of Krognetix Technologies' service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Web space by the Customer. The Customer agrees that he or she has necessary knowledge to utilize KrogNetix Technologies' service without reliance on All Over or Krognetix Technologies. Customer agrees that it is not the responsibility of KrogNetix Technologies to provide this knowledge or Customer Support outside of the defined service of KrogNetix Technologies.
xiii.) Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users & AllOver / Krognetix Staff. Customer is expected to use his/her account for the purposes of maintaining a website only xiv.) You hereby grant to AllOver.ca Canada a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to AllOver.ca Canada a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

xiv.) The customer will inform KrogNetix Technologies of their intent to close an account (changing DNS servers for the domain constitutes closure). This will be done within 72 hours of the clients intended cancellation date. Failure to do so will result in the discontinuation of services immediately and no access will be given to files and email messages without an administrative fee being levied. A clean up fee of $250.00 CAD can be levied if the client fails to delete files (email or web). Any files left on our servers by errant or un-cleaned accounts become the property of KrogNetix Technologies, and may be distributed or otherwise as seen fit.

xv.) Customer support is available to accounts in that are not in violation of our terms of service. Any support given to a client who either cancelled or was terminated within the first 30 days due to abuse or violation of the TOS (terms of service) is billable. A fee of $40.00 CAD per hour is levied and can be added to any recurring billing.

xvi.) Upon completion of our sign up form for web hosting, email services or domain registration, the customer agrees to make payment in good time upon receipt of the electronic invoice. Any cancellation of services requested  with KrogNetix Technologies without notification, prior to payment and after filling out the online request form, holds the customer liable for payment of an administrative fee not to exceed $250.00. Failure to remit this fee may result in legal action. Cancellation of services requested can be made via EMAIL.

4.) Website Content

a.) KrogNetix Technologies web site content restrictions:

i.) KrogNetix Technologies forbids web sites with "illegal" adult graphic content (soft-core and/or hardcore), including, but not limited to, banners advertising any adult website's), child pornography, and distribution of adult website passwords. Customers whose accounts are found in violation of this policy may, at the discretion of KrogNetix Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.

ii.) KrogNetix Technologies forbids gambling websites on its servers. Customers whose accounts are found in violation of this policy may, at the discretion of KrogNetix Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.

iii.) KrogNetix Technologies forbids use of service for those who provide mirroring service for other website or websites, and/or whose primary purpose is file distribution. The Distribution of executable programs, archive files, or other non-visual file types are not welcome. Customers whose accounts who are found in violation of this policy may, at the discretion of Krognetix Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.

iv.) KrogNetix Technologies forbids hatred messages including racism, sexism, or content promoting one particular race, sex, or nationality as superior and/or another race, sex, or nationality as inferior is unacceptable. Customers whose accounts are found in violation of this policy may, at the discretion of KrogNetix Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.

v.) KrogNetix Technologies forbids those websites that promote activities that violate Canadian, U.S. Federal or state regulation, or International laws and/or violation of Canadian, U.S. Federal or state regulation or International export restrictions are also not welcome at All Over or Krognetix Technologies. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Customers whose accounts are found in violation of this policy may, at the discretion of KrogNetix Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, KrogNetix Technologies may contact the Software Piracy Association ("SPA") and/or Business Software Alliance (BSA) and release any information in connection with any illegal activities relating to software piracy on the Customer's account.

vi.) KrogNetix Technologies forbids IRC Bots, or any other automation programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Customers are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Customer agrees not to upload the tar file for any of these programs or to execute them within their account. The violation of this policy will result in the IRC-related program to be removed from the Customer's account and it may, at the discretion of Krognetix Technologies, result in the Customer's account(s) being terminated without notice and a maximum clean-up/disconnection fee.
 

b.) General website content terms and conditions

i.) It is the responsibility of the Customer to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Copyrighted materials include art, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your website are not in violation of any copyrights. Copyrighted music, in any format, cannot be placed within Customer's account unless Customer is the owner of that copyright. Customers agree to indemnify All Over of any possible litigation involving trademark or copyrighted materials. An additional bandwidth usage as a result of the hosting of MP3’s will also be charged to the Customer's account by Krognetix Technologies.

ii.) Customer agrees not to modify any copyright notices in features provided by KrogNetix Technologies. Modification of scripts provided by All Over or Krognetix Technologies without written permission is strictly prohibited. The violation of this policy may, at the discretion of Krognetix Technologies, result in the Customer's account(s) terminated without notice and a maximum clean-up/disconnection fee.

iii.) Customer agrees not to store Game-emulators or ROMs within their account. These emulators/ROMS commonly violate copyright law and therefore are not allowed at KrogNetix Technologies. Any emulator(s), or programs that will allow you to play certain ROMs for a specific game console or computer or ROM(s), (read only memory) game cartridges in binary format are prohibited. If these programs are found within the Customer's account, it may, at the discretion of KrogNetix Technologies, result in the Customer's account(s) terminated without notice and a maximum clean-up/disconnection fee.

iv.) Customer agrees to take all responsibility for all programs including ASP and PHP scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Customer agrees and understands that such excessive use can have an adverse effect on the performance of the web server. Customer agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. KrogNetix Technologies reserves the right to suspend accounts without notice to clients who violate these terms. Krognetix Technologies has sole discretion over what constitutes excessive usage.

v.) Programs provided by KrogNetix Technologies as an installable feature are not exempt from this policy. While every efforts is made on All Over or Krognetix Technologies' end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.

vi.) Customer warrants that it has the right to use the applicable trademarks, if any, and grants KrogNetix Technologies the right to use such trademarks in connection with KrogNetix Technologies' service. This includes the right granted by Customer to KrogNetix Technologies to advertise the Customer in conjunction with KrogNetix Technologies' service.

vii.) KrogNetix Technologies will extend a 30-day conditional money-back guarantee to the Customer on certain Hosting services. This service guarantee shall begin upon the set up of Customer's account and shall expire thirty days later. Customer has the right to cancel his/her contract with All Over or Krognetix Technologies by providing written notice to Krognetix Technologies stating the Client's intent to cancel within their 30 day period including a detailed reason for cancellation. The written cancellation notice shall entitle the Client to a refund of any monies paid less set up fees incurred (if any).  Under No circumstances will any monies for Domain Registrations be refunded.

viii.) Customer is not entitled to any sort of refund due to ignorance of All Over or Krognetix Technologies' underlying service or payment policies. All Over or Krognetix Technologies not providing dial-up Internet access, this includes problems with registering or transferring any domain, Canadian or foreign, getting programs (ASP or PHP scripts) or features (search engines, guest books, etc.) working on the Customer's account.

ix.) Customer may not be entitled to any sort of refund because he/she had violated any one of the restrictions outlined in this document, even if the Customer provided written notice within 30 days for a service-related reason. Customer will not be entitled to a refund for cancellation due to the fact that he/she did not read these terms and conditions and later learned that his/her content violates our acceptable uses. Acts of God, including but not limited to, earthquakes, thunderstorms, or fires which result in an interruption in service, are exempt from the service guarantee. Because these circumstances are beyond the control of KrogNetix Technologies, the service guarantee will be void under these conditions. However, KrogNetix Technologies will make every effort in good faith to reinstate service to Customer as quickly as possible.

x.) The customer may not advertise for any other hosting / email provider while they are using AllOver / Krognetix hosting services. Any banners text content showing links and information that leads to the advertisement of a competitor hosting service is not allowed. (Exceptions will be made for LINK EXCHANGES). Failure to remove such banners can result in account suspension without notice.

5.) E-mail

a.) Restrictions:

i.) Spamming - this is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to, is forbidden on the All Over Network. Using fictitious e-mail addresses @KrogNetix Technologies or any domain name hosted with All Over or Krognetix Technologies is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with Krognetix Technologies but the mail message makes mention of a website hosted with All Over or Krognetix Technologies. KrogNetix Technologies has zero tolerance policy in regard to spamming and the Customer's services with All Over or Krognetix Technologies will be suspended, with immediate effect, should we be made aware of a violation of this condition.

ii.) Due to the consumption of system resources and overloading of the e-mail server, KrogNetix Technologies forbids the use of the Gossamer Links program by any Customer.

iii.) Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mail-bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Krognetix Technologies reserves the right to determine what constitutes abuse of this policy. Customers whose accounts are found in violation of this policy may, at the discretion of KrogNetix Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.

iv.) Phishing- KrogNetix Technologies forbids the use of our email systems for PHISH messages (attempts to steal personal information). Violation will result in immediate termination (no refund).

b.) General Terms and Conditions:

i.) KrogNetix Technologies allows Customers to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honoured immediately. Customer agrees not to send mailings to lists provided by an outside agency or individual. Customer further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, KrogNetix Technologies requests that mailing lists be sent during non-peak hours. KrogNetix Technologies reserves the right to terminate a client's mailing services, whether provided by KrogNetix Technologies or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. KrogNetix Technologies also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients. Customers whose accounts are found in violation of this policy may, at the discretion of KrogNetix Technologies, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.

ii.) Electronic forums such as mail distribution lists and UseNet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of KrogNetix Technologies may not be used to impersonate another person or misrepresent authorization to act on behalf of others or KrogNetix Technologies. All messages transmitted via KrogNetix Technologies should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

6.) Customers Lawful and Ethical Use

i) Customer agrees to use the KrogNetix Technologies Services as permitted by applicable laws (including, without limitation, local, provincial, state, and federal laws) and in a manner that is not unethical or contrary to public policy. Customer agrees that Customer may NOT use Krognetix Technologies Services to conduct or solicit any business or activity that is prohibited by law, libelous, or against any public or Krognetix Technologies policy.

7.) General terms and conditions

a.) KrogNetix Technologies makes no warranties of any kind, whether expressed or implied, for the service it is providing. Krognetix Technologies also disclaims any warranty of merchantability or fitness for a particular purpose. KrogNetix Technologies will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. KrogNetix Technologies reserves the right to offer warranties at any time for purposes of promotion and also to remove those warranties at any time that it deems reasonable.

a.1) Krognetix Technologies  has no obligation to supply a customer with Website or email data (in any form) if the said customer account has been suspended for any reason. The customer is expected to maintain a backup of all files on their local computer system. An administrative fee of $45.00 CAD will apply to receive any file data from our systems after the account has been closed. Any outstanding monies owed must be paid in full before data will be made available.

b.) If at any time Customer chooses to take part in Krognetix Technologies' reseller program, then Customer agrees not to hold Krognetix Technologies liable for any and all misfortunes relating to the underlying service provided. Resellers of KrogNetix Technologies are not agents, employees, or contractors of KrogNetix Technologies.

c.) Under no circumstances, including negligence, shall Krognetix Technologies, its offices, agents or any one else involved in creating, producing or distributing KrogNetix Technologies' service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use of Krognetix Technologies' service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Krognetix Technologies' records, programs or services.

d.) Customer agrees that it shall defend, indemnify, save and hold Krognetix Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against KrogNetix Technologies, its agents, its customers, resellers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Krognetix Technologies against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with KrogNetix Technologies' equipment; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold using KrogNetix Technologies' service.

e.) KrogNetix Technologies reserves its rights to change its prices at any time on reasonable notice.

f.) Should Customer Breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Krognetix Technologies has the right (solely at Krognetix Technologies' discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions. Full & immediate suspension of customers services may also be conducted.

g.) In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

h.) Customer agrees to defend, hold harmless and expeditiously indemnify All Over from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

i.) On occasion, KrogNetix Technologies may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary e-mail address on the account.

j.) It is the responsibility of the customer to contact Krognetix Technologies for any changes to their account, such as phone number, address, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

K.) KrogNetix will charge a service fee of $9.99 CAD (+ GST) to process any refund issued by credit card om ANNUAL PAYMENTS within 30 days of original paynment. This is to offset services charges related with the credit card refund process.

KrogNetix technologies reserves the right to change these TERMS without notice.

Any legally related correspondence must be sent to our mailing address and directed to LEGAL DEPT. Any legally related material sent to our email addresses will be returned to sender. Please see our CONTACT page for our mailing information.