Terms of Service

1. Acceptance of Terms

By accessing or using any service provided by KmerHosting (kmerhosting.com), you confirm that you have read, understood, and agree to be legally bound by these Terms of Service, our Privacy Policy, and all other applicable policies referenced herein. If you do not agree to all terms, you must immediately cease using our services.

KmerHosting reserves the right to update these terms at any time. Continued use of our services following any updates constitutes your acceptance of the revised terms. We will make reasonable efforts to notify you of significant changes via email or a prominent notice on our website.

2. Eligibility & Account Registration

To use KmerHosting services, you must meet the following requirements:

• Be at least 18 years of age or have legal parental/guardian consent.
• Provide accurate, complete, and current registration information.
• Maintain and promptly update your account details to keep them truthful and accurate.
• Be responsible for all activity that occurs under your account credentials.
• Not share or transfer your account to any third party without prior written consent.

KmerHosting reserves the right to refuse service, terminate accounts, or cancel orders if any information provided is found to be inaccurate, outdated, or incomplete.

3. Services Provided

KmerHosting offers a broad range of cloud infrastructure and digital services, including but not limited to:

• Shared Hosting: Multi-tenant hosting environment with allocated resources.
• VPS Hosting: Virtual Private Servers with dedicated virtualized resources.
• Dedicated Servers: Physical bare-metal servers exclusively allocated to a single client.
• Cloud VDS: Virtual Dedicated Servers with full hardware isolation on cloud infrastructure.
• Domain Registration: Registration and management of domain names via accredited registrars.
• AI-Assisted Hosting Tools: AI-powered features for server management and optimization.
• Student Hosting Plans: Discounted hosting packages for verified students.
• LLM & GPU Hosting: Specialized GPU-equipped environments for machine learning workloads.

We reserve the right to modify, suspend, or permanently discontinue any service, feature, or portion of our offering at any time, with or without prior notice.

4. Acceptable Use Policy

You agree to use KmerHosting services only for lawful purposes. The following activities are strictly prohibited:

• Hosting, transmitting, or distributing any illegal, harmful, fraudulent, or abusive content.
• Conducting denial-of-service (DDoS) attacks, port scanning, or network probing against any systems.
• Sending unsolicited bulk email (spam) or operating spam-enabling relay servers.
• Hosting or distributing malware, ransomware, viruses, or exploits of any kind.
• Infringing upon the intellectual property rights of third parties.
• Engaging in cryptocurrency mining without explicit written approval.
• Operating services that facilitate phishing, fraud, or identity theft.
• Attempting to gain unauthorized access to systems, networks, or data.

Violations may result in immediate account suspension or termination without refund, and may be reported to relevant legal authorities.

5. Resource Usage & Fair Use

Shared hosting and reseller environments operate on a fair-use basis. Excessive consumption of CPU, memory, disk I/O, network bandwidth, or database connections that negatively impacts other customers may result in:

• Temporary throttling or suspension of the offending service.
• A mandatory upgrade to a higher-tier plan.
• Termination of the account in cases of repeated or severe violations.

VPS, Dedicated, and Cloud VDS plans are allocated dedicated resources. While these plans have greater flexibility, network abuse and illegal activities remain prohibited regardless of plan type.

6. Billing, Payments & Pricing

All services are invoiced in advance in Cameroon Francs (FCFA) unless otherwise stated. By subscribing to a service, you authorize KmerHosting to charge the applicable fees.

• Due Dates: Invoices are due upon receipt. Services may be suspended after 3 days of non-payment.
• Late Payment: Services suspended for non-payment will be subject to a reactivation fee.
• Data Deletion: Accounts unpaid for more than 15 days may have their data permanently deleted.
• Price Changes: KmerHosting reserves the right to revise pricing with 30 days' notice.
• Payment Methods: We accept Mobile Money (MTN, Orange), bank transfers, and credit via the client portal.
• Taxes: Prices are exclusive of applicable taxes unless stated otherwise.

7. Service Level Agreement (SLA)

KmerHosting targets a 99.9% monthly uptime for all managed services. In the event of downtime attributable to KmerHosting's infrastructure (excluding scheduled maintenance), clients may be eligible for service credits:

• 99.0% – 99.9% uptime: 10% credit of monthly fee
• 95.0% – 98.9% uptime: 25% credit of monthly fee
• Below 95% uptime: 50% credit of monthly fee

Credits must be requested within 7 days of the incident. Credits do not apply to downtime caused by client actions, third-party services, force majeure events, or pre-announced maintenance windows.

8. Intellectual Property

All content, trademarks, logos, software, and materials on the KmerHosting platform are the exclusive intellectual property of KmerHosting or its licensors. You are granted a limited, non-exclusive, non-transferable license to use our services as intended. You may not copy, reproduce, distribute, or create derivative works without explicit written permission.

9. Data & Backups

While KmerHosting performs periodic infrastructure-level backups, you are solely responsible for maintaining independent backups of your data. KmerHosting's backups are for disaster recovery purposes only. We are not liable for data loss under any circumstances, including hardware failure, accidental deletion, or account termination.

10. Limitation of Liability

To the maximum extent permitted by applicable law, KmerHosting, its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, or cost of substitute services.

KmerHosting's aggregate liability to you for any direct damages shall not exceed the total amount you paid to KmerHosting in the three (3) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless KmerHosting and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of and access to our services, your violation of any provision of these Terms, or your violation of any third-party rights.

12. Termination

Either party may terminate the service agreement at any time. You may cancel your services through the client portal. KmerHosting may terminate your account immediately upon material breach of these Terms, non-payment, or activities deemed harmful to other clients or infrastructure. Upon termination, all data associated with your account will be permanently deleted within 15 days.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Cameroon. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the competent courts of Yaoundé, Cameroon.

14. Contact

For questions or concerns regarding these Terms, please contact our legal team:

• Email: [email protected]
• WhatsApp: +237 694 193 493
• Address: Yaoundé, Cameroon