Kinetik Hosts Terms of Use
|
|
We appreciate you choosing Kinetik Hosts for your hosting
needs. We strive to be the best, most developer-focused
hosting provider on the web. To ensure the consistent
performance and security of the Kinetik environment, we have
the following terms and conditions for all hosting with
Kinetik. By hosting with Kinetik, you agree to the following
terms and conditions.
The Terms and Conditions ("Agreement") is an agreement
between Kinetik Hosts ("Kinetik", "we", "our") and the party
("Customer", "Client", "you", "your") and applies to all
services, whether hosting, support or consulting services,
ordered by the Customer from Kinetik.
BY COMPLETING THE SIGNUP PROCESS, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS
INCORPORATED BY REFERENCE. YOUR CONTINUED USE OF THE
SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Kinetik Hosts reserves the right to terminate this Agreement
for any reason or no reason. Kinetik reserves the right to
refuse service to anyone without explanation of cause or
reason.
Kinetik reserves the right to modify this policy at any time
with or without notice. Continued hosting with Kinetik's
hosting services constitutes the Customer's acceptance of
these modifications. Any modifications become effective when
posted on our website at www.Kinetikhosts.net.
If you have any questions or concerns about these terms and
conditions, please email
Kinetik Hosts Sales
and we will be happy to answer your questions.
You agree to the following:
certify
that you are of
legal age, in the state of my residency to enter this
agreement.
|
|
This Application and Agreement shall constitute a binding
agreement between Kinetik Hosts and you at such time as this
order is received and approved by Kinetik Hosts’
headquarter.
|
|
I MAY CANCEL THIS AGREEMENT AT ANYTIME EFFECTIVE UPON
WRITTEN NOTICE TO Kinetik Hosts. There serves as
contract to all of our hosting service plans. You may
cancel your YEARLY PAID hosting account within the first 30
days for a full refund. All setup fees are non
refundable unless advertised as refundable. Kinetik
Hosts may immediately terminate a member who discredits the
company’s name, misuses, misrepresents, violates any
requirement contained in this Agreement, Polices and
Procedures or behaves in an abusive manner toward support or
sales staff.
|
|
Kinetik Hosts reserves the right to revise our policies at
any time. Additionally, Kinetik Hosts reserves the right to
discontinue service for any account that we determine is
being inappropriately or unlawfully used, and reserves the
right to refuse service at our discretion.
|
|
|
Web site construction and management is the responsibility
of the client. Kinetik Hosts is not responsible for web site
management or files lost or damaged by users. Backup of all
site files is recommended, and should be maintained by the
client on a machine outside of the Kinetik Hosts network.
A fee of $50 is required should a client request any files
from our backup systems, which are intended for disaster
retrieval only. Kinetik Hosts does not guarantee that the
files contained in our backup systems will be the most
current copy of a client's web site. Kinetik Hosts will
exclude the following file types in our backup system:
(*.swf, *.zip, *.exe, *.mp3, *.mp4, *.mpg, *.wma, *.wmv,
*.mov, *.avi, *.wav, *.gzip, *.tar, *.log, *.gz, *.iso,
*.rar, *.psd)
|
|
If an account is used unlawfully or is in violation of this
Terms of Use, Kinetik Hosts reserves the right to terminate
the account without notice and without refunds. Files that
violate the user policy are subject to deletion without
notice. Clients violating the user policy will be held
responsible for damages to Kinetik Hosts, including but not
limited to, Kinetik Hosts’ systems, servers, connectivity,
reputation, business, service, network, operations, or
equipment. Determining what constitutes a policy violation
is the sole discretion of Kinetik Hosts, and includes, but
is not limited to, the following:
-
AntiSpam Policy - Kinetik
Hosts strictly prohibits members from sending
unsolicited mass emails or Spam, whether via email,
Usenet or any other form. Any member using spamming
techniques for soliciting referrals will be immediately
terminated. In addition, their mailing address will be
ineligible for opening a new membership account.
-
Software/Multimedia Distribution - Accounts cannot to be
used to distribute "cracked" versions of copyrighted
software (a.k.a. warez), serial numbers for copyrighted
software or copyrighted multimedia files (i.e. music
files or MP3's). Sites that contain links to pirated
software or illegal contraband are also prohibited.
-
Adult Content - Sites containing adult material, links
to adult material, or adult-oriented merchandise must be
approved by Kinetik Hosts. The final determination of
what constitutes "adult content" is made by Kinetik
Hosts.
-
System Abuse - Includes, but is not limited to,
excessive use of CPU resources or disk space, installing
IRC bots, excessive use of resources leading to the
decrease of the system's performance or other CGI
scripts that use a disproportionate amount of system
resources. Kinetik Hosts will determine what constitutes
system abuse.
-
Security Violation - Attempts to manipulate Kinetik
Hosts servers or client web sites are prohibited. This
includes, but is not limited to, attempting to gain
unauthorized access to Kinetik Hosts servers, mail
bombing, or other means of deliberately overloading
systems.
-
Gaming Servers and Mass Files Sharing Sites and Public
FTPs and Proxy Web Browser are prohibited from all of
our shared hosting plans. The final determination of
what constitutes "Gaming Server" and "Mass Files Sharing
Site" is made by Kinetik Hosts.
-
Mass Media Sharing - Using Kinetik Hosts's web server as
any kind of Mass Video/Media download, sharing and
streaming is prohibited on all of our shared hosting
plans. The final determination of what constitutes
"Mass Media Sharing" is made by Kinetik Hosts.
|
|
Setup and service fees may be required to activate your
hosting account with Kinetik Hosts. Setup fees are
non-refundable.
|
|
All yearly and quarterly paid shared hosting plans canceled
within 30 days will receive a full refund on the hosting
fee. There are no refunds issued to monthly plans as they
will remain active, after cancellation notice is received,
until expiry.
|
|
|
Kinetik Hosts web site properties may contain technical
inaccuracies or typographical errors. Changes to the Kinetik
Hosts web site properties may be made periodically. Every
good faith effort will be made to keep the web site content
accurate and up to date. Kinetik Hosts reserves the right to
make improvements and/or change our web site at any time
without notice.
|
|
USE OF Kinetik Hosts WEB HOSTING SERVICE IS AT THE CLIENT'S
SOLE RISK. Kinetik Hosts SERVICES ARE PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS. Neither Kinetik Hosts, its employees,
affiliates, third party services, merchant licensors or the
like, warrant that Kinetik Hosts web hosting service will
not be interrupted or error free. Kinetik Hosts will make
every good faith effort to ensure that its servers are
available to as many Internet users as possible and that
there is minimal interruption of service as possible.
|
|
Under no circumstance will Kinetik Hosts, its partners, its
employees, or its affiliates be liable for any claims, any
action either direct, indirect, special, incidental, or
consequential, or any damages either punitive or alleged to
have resulted, including loss of profits, from the use of or
inability to use Kinetik Hosts service, from service
interruptions, from Kinetik Hosts errors, from customer
errors or problems with their Internet connectivity, from
the client's equipment or available technology, from
unauthorized access to Kinetik Hosts servers, from
communication failure, from bandwidth congestion or
interruptions, loss of data, from any type of configuration
error, or from acts of God.
|
|
There will be a $10 process fee to re-active an expired or
canceled hosting account.
|
|
You agree to comply with all applicable laws regarding the
transmission of technical data exported from the U.S.A. or
the country in which you reside (if different) and with all
local laws and rules regarding acceptable use of and conduct
on the Internet. These TOU shall be governed by and
construed in accordance with the law of the USA and you
hereby submit to the exclusive jurisdiction of the Nevada
courts.
|
|
This Agreement is
effective
upon client purchase. Submitting credit card information for
purchase of a hosting plan constitutes a contractual
agreement of payment for hosting services.
|