Keyko Pty Ltd, Australia hereinafter "Keynode" agrees to provide services to the Subscriber, subject to the following Terms of Service

1. Term & Jurisdiction

The initial term of this agreement shall begin on the date that an order is placed for any of our services/products and will continue until the account is closed by Keynode.

The Terms of Service and the relationship between you and Keynode shall be governed by the laws of Australia, without regard to its conflict of law provisions. You and Keynode agree to submit to the personal and exclusive jurisdiction of the courts located in Australia.

2. Subscriber Duties

In order to use Keynode services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.

3a. Acceptable Use of Network and System Resources

Deployed servers on Public Cloud, include a set amount of data transfer, based on a generous 2TB of outbound transfer per month, per GB RAM allocated to your server for most locations. Maximum / Peak usage is 5Mbps per GB RAM allocated to your server for most locations. For the purposes of Example, a server with 10GB RAM allocated, is permitted a maximum of 50Mbps transit or 15TB transfer, whichever limit is reached first.

Subscribers significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of Keynode.

3b. Spam and UCE

Keynode has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to Keynode may not use or permit others to use our network to transact in spam messages. Subscribers to Keynode may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Keynotes’ SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, Keynode will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Keynode may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Keynode may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Keynode reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Keynode will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy may result in an Administrative Fee of AUD300 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of AUD1200 and immediate termination of your account. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.

Keynode reserve the right to charge up to a total of AUD4500 for spam related violations due to costs which may be enforced on us by data carriers or data centre administration fines.

3c. Prohibited Content

Prohibited Content includes, but is not limited to:

  • Threatening, abusive, harassing, defamatory statements.
  • Promotion of illegal activities (info on hacking, cracking etc).
  • Information, instructions, links, etc containing malicious code.
  • Hate speech or hate propaganda.
  • Scripts or systems that cause server performance issues.
  • Misrepresentation of member’s identity, or impersonation.
  • Collection of personal information for illegal purposes.
  • Collection of personal information without users’ permission.
  • Content that is deemed by Keynode, in its sole discretion, to be harmful to Keynode.
  • Solicitation or sale of any harmful/illegal products or service

Keynode does not tolerate abusive, threatening or inappropriate behaviour towards its staff or agents. Your account can be suspended or terminated without warning for any such behaviour

4. Indemnification

Subscriber agrees to indemnify and hold harmless Keynode, Keynode’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.

5. Disclaimer of Warranties

KEYNODE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW KEYNODE DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.

6. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF KEYNODE AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

7. Law Enforcement Information

The Keynode terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of the law enforcements who makes a written request, without further consent or notification to the Subscriber. In addition, Keynode shall have the right to terminate all service set forth in this Agreement.

8. Uptime Guarantee

Keynode provides a 99.9% Uptime Guarantee on all Keynode Hardware and on Network Connectivity. In any given month, if your server is offline due to a Keynode unscheduled hardware failure, or an unscheduled failure of the Keynode network for more than 0.02% of the time (8 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the Keynode network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud.

9. Support & Services

Keynode provides comprehensive technical support to all subscribers via our Ticketing System (available via Email and GUI). Some general guidelines and terms are:

  • Keynode supports fully any issue related to the Keynode virtual server physically functioning.
  • Keynode does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue.
  • Keynode does not provide technical support to your customers or users.
  • The use of all Keynode services is at your own risk.
  • Keynode Snapshots and backups are not guaranteed in any way.
  • You agree to take full responsibility for all files and data in your account.
  • You agree to maintain an appropriate backup of files and data stored on the Keynode clouds.

10. Invoicing and Payment

  • You agree that Keynode shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
  • Payment is due on invoicing.
  • Any payments not made within 2 days of due date will have the associated service terminated and destroyed without further notice.
  • Late fees will be added to your overdue invoices after 1 day of being overdue.
  • Late fees will be 10% of the invoice total with a minimum of AUD5 and must be paid in-full with the outstanding invoice for the service to be unsuspended.
  • Subscribers are aware that Keynode may prospectively change the specified rates and charges from time to time.
  • Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Keynode.
  • Up and Downgrading service within your billing cycle will result in Pro-Rata charges and credits on your account. Pro-rata credits are only possible where the Subscriber retains at least one.
  • Once service has commenced, the subscriber agrees that the minimum term of service applies and no refunds will be provided.
  • All Microsoft OS servers deployed on our clouds must conform with the Microsoft Service Provider License Agreement. As such, any Windows server you deploy will automatically be licensed and added to your account within 48 hours of deployment.

11. Suspension and Cancellation

  • Keynode reserve the right to suspend network access to any Subscriber if, in the sole judgement of Keynode, the Subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which Keynode chooses. Keynode will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
  • Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
  • Subscribers may cancel service at any time by email to support@keynode.com.au from an authorised contact. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts cannot be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.

12. Notice

You agree that Keynode may provide you with notices, including those relating to changes to the Terms of Service by email and /or postings on Keynode systems and services.

You agree that Keynode may, from time to time and at its sole discretion, need to impact single Virtual Machine uptime due to essential maintenance, and where possible, we aim to provide 3 days’ notice of any impact of more than 1 hour.


Privacy Policy

This privacy statement describes how Keynode collects and uses the personal information you provide on our Web site: keynode.com.au. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Collection and Use of Personal Information

We collect the following personal information from you:

  • Contact Information such as name, email address, mailing address, phone number
  • Billing Information such as credit card number, and billing address
  • Financial Information such as bank or brokerage account numbers, types of investments
  • Unique Identifiers such as user name, account number, password
  • Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited.

We also collect the following information from you:

  • Information about your business such as company name, company size, business type

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

  • Fulfill your order
  • Send you an order confirmation
  • Send you requested product or service information
  • Send product updates or warranty information
  • Respond to customer service requests
  • Administer your account
  • Send you a newsletter
  • Send you marketing communications
  • Improve our Web site and marketing efforts
  • Conduct research and analysis
  • Respond to your questions and concerns

Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at info@keynode.com.au.

Disclosure to Third Parties

We will share your information with third parties only in the ways that are described in this privacy statement.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order, offering customer service or selling your services and products provided by these third parties. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may disclose your personal information

  • as required by law, such as to comply with a subpoena, or similar legal process
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • if Keynode is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
  • to any other third party with your prior consent to do so.

PayPal

If you choose to use PayPal to finalize and pay for your order, you will provide your credit card number, directly to PayPal. PayPal’s privacy policy will apply to the information you provide on the PayPal Web site.

Third Party Payment Processors

Our credit card payment processing is provided by our payment processor provider. They will collect your billing information from us for the purpose of processing your order. This company does not use this information for any other purpose.

Tracking Technologies

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific areas or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at info@keynode.com.au

We provide two means for you to make a purchase on our site. You can either use our order form or a third party checkout option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party checkout option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@keynode.com.au. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Other Information

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at info@keynode.com.au.

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Feedback

You can contact us about this privacy statement by writing or email us at the address below:

Keynode
PO BOX 13
Pearl Beach
NSW 2256
Australia
Email: info@keynode.com.au