Terms of Service

These Terms, together with any order form, the Service Level Agreement and the Privacy Policy, form the entire agreement between Korner LLC and the customer. Placing an order or using the services constitutes acceptance.

Korner provides DDoS mitigation, dedicated and virtual compute, IP transit, anycast edge services, colocation and managed operations, as specified in the applicable order.

Resources are allocated to the customer for the term of the order. Ownership of hardware, IP address space and network infrastructure remains with Korner or its suppliers at all times.

• The customer is responsible for all activity conducted through its account and credentials.
• Credentials must not be shared outside the customer’s organisation.
• Korner may require verification of identity or entity status before provisioning.

Fees are invoiced in advance for the applicable billing period unless stated otherwise. Invoices are payable on receipt. Overdue balances may result in suspension after written notice. Prices are exclusive of taxes, which are the customer’s responsibility.

Orders renew automatically for successive periods equal to the initial term unless cancelled before the renewal date. Either party may terminate for material breach that remains uncured 15 days after written notice. Korner may terminate immediately for violations of section 07.

The customer retains all rights in its data. Korner does not inspect customer content except where strictly necessary to investigate abuse, comply with law, or restore service. The customer is responsible for maintaining independent backups.

The following activities are prohibited on Korner infrastructure. This list is illustrative, not exhaustive.

Prohibited activity

• Originating, hosting or coordinating denial-of-service attacks, including booter, stresser or reflection services.
• Port scanning, intrusion attempts, credential stuffing or exploitation of third-party systems without documented authorisation.
• Distribution of malware, ransomware, botnet command-and-control, phishing infrastructure or carding services.
• Unsolicited bulk email, SMS or messaging, and hosting of resources advertised through such messages.
• Child sexual abuse material, content that incites violence or terrorism, and any material unlawful in the jurisdiction of hosting.
• Infringement of intellectual property rights.
• Circumvention of sanctions or export controls.
• Announcing IP space or ASNs without valid authorisation, and any form of BGP hijacking or route leaking.
• Deliberate misrepresentation of the nature of a workload during onboarding.

Network conduct

• Source address spoofing is prohibited. Korner applies ingress filtering consistent with BCP 38 / BCP 84.
• Open resolvers, open relays and open amplification services must not be operated on Korner space.
• Customers announcing their own prefixes must maintain accurate IRR objects and valid RPKI ROAs.

Enforcement

Korner may suspend or null-route a service without prior notice where an active violation threatens the integrity of the network or exposes Korner to legal liability. Where notice is practical, the customer will be given a defined window to remediate. Repeated or wilful violations result in termination without refund.

IP address space assigned by Korner is leased for the duration of the service and is non-portable. Reassignment records are maintained as required by the relevant regional internet registry. Korner may renumber a service with reasonable notice where operationally necessary.

Availability commitments and the associated credit regime are set out in the Service Level Agreement, which forms part of this agreement. Service credits are the sole and exclusive remedy for failure to meet a service level.

Korner warrants that services will be performed in a professional manner consistent with industry standards. Except as expressly stated, services are provided "as is" and Korner disclaims all other warranties, whether express, implied or statutory, including merchantability and fitness for a particular purpose.

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Korner’s aggregate liability arising out of the agreement is limited to the fees paid by the customer in the three months preceding the event giving rise to the claim.

This agreement is governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Wyoming.

Korner may suspend all or part of a service where continuing to deliver it would threaten the integrity of the network, expose Korner or other customers to harm, or breach the law.

Suspension does not relieve the customer of the obligation to pay fees accrued for the suspended period where the suspension arises from the customer’s breach.

Each party will protect the other’s confidential information with at least the care it applies to its own, and will use it only to perform the agreement. Obligations survive termination by three years, and indefinitely for trade secrets.

Network architecture, capacity figures, mitigation methodology, pricing and security findings are confidential information of Korner. Customer traffic, credentials and data are confidential information of the customer.

Where Korner processes personal data on the customer’s behalf it acts as a processor and the customer as controller. Processing is limited to what is necessary to deliver the service and to protect the network. A data processing addendum incorporating the Standard Contractual Clauses is available on request and, once executed, forms part of this agreement.

Korner will notify the customer without undue delay after becoming aware of a personal data breach affecting their data, and will cooperate with reasonable requests for information required by the customer to meet its own notification obligations.

The customer will indemnify Korner against claims, damages and reasonable legal costs arising from content it hosts, activity conducted through its services, or its breach of section 07. Korner will indemnify the customer against third-party claims that the service as supplied infringes a US patent, copyright or trademark, provided the customer notifies Korner promptly and allows Korner to control the defence.

The customer represents that it is not, and is not owned or controlled by, a party subject to sanctions administered by the US Office of Foreign Assets Control, the European Union or the United Kingdom, and that it will not make the services available to any such party or in any embargoed territory. Breach of this section is grounds for immediate termination.

Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disaster, war, civil unrest, labour action, failure of a public utility or upstream carrier, or government action. The affected party will notify the other promptly and resume performance as soon as practicable.

Operational notices are given by email to the addresses on the account and are effective on transmission. Legal notices must be sent to legal@korner.team and, where the matter concerns termination or a claim, also by courier to the registered address. It is the customer’s responsibility to keep account contact details current.

• Neither party may assign the agreement without consent, except in connection with a merger or sale of substantially all assets.
• The parties are independent contractors; nothing creates a partnership, joint venture or agency.
• Failure to enforce a provision is not a waiver of it.
• If any provision is held unenforceable, it is severed and the remainder continues in effect.
• Korner may amend these Terms with 30 days’ written notice to account contacts. Continued use after the effective date constitutes acceptance.
• These Terms, the SLA, the Privacy Policy and any executed order form are the entire agreement and supersede prior discussions.