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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.