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Kickassd Terms Of Service (TOS)

This Web Hosting Agreement (“Agreement”) is between Kickassd (“Kickassd”), and the person (individual or legal person) who signs Kickassd’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Kickassd’s Web Hosting service.

Please read this agreement carefully. By agreeing to our terms of service on the account signup form, signing up, communicating with us, paying for and/or using our services, you are agreeing to be bound by the conditions and terms of this agreement, and our privacy policy.

Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Account Transfers
We offer account transfers from other hosts as a courtesy and to help you transition smoothly to our hosting service. We do not guarantee that transfer will always work out. Transfers are done on a first come first serve basis and we cannot give timelines or ETAs on transfers. We make our best effort to complete transfers within 24 hours of the request being submitted.

Acceptable Use Policy (AUP) & Prohibited Use
Kickassd reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the Kickassd staff.

Abuse can include, but is not limited to the following offenses:

A) Any attempts to compromise or actual compromise of a network device belonging to Kickassd or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as “spam”, is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service “harvesting” is also prohibited and may result in termination of service.

D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “warez”. Any complaint received will be investigated and may result in termination of service.

E) Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal in Canada is strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

G) The use of IRC software, Bit Torrent software, Proxy software, and automated “bots” is strictly prohibited. 

H) Offering image, file, document or data storage and free hosting or email services are strictly prohibited.

Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.

Payment Information
You agree to supply appropriate payment for the services received from Kickassd, in advance of the time period during which such services are provided. You agree that until and unless you notify Kickassd of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a Customer of Kickassd, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 15% late fee and / or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.

Kickassd reserves the right to change the monthly payment amount and any other charges but must give a minimum of 30 days notice prior to the change.

Discount & Coupon Codes
Discount and coupon codes are applicable only to the Service to which they are valid for. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the account, closure of the account or retroactive adjustment of related charges. Kickassd reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.

Cancellations
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, Kickassd reserves the right to cancel an account at any time, for a breach of this Agreement, AUP or any other reason that may be having a negative effect on our service or those using our service.

Money Back Guarantee
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.

Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. Kickassd reserves the right to determine the definition of first-time account. Violations of the Terms of Service (TOS) will waive the refund policy.

Account And Server Resources 
You are allocated a monthly bandwidth and storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until more bandwidth or storage is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. Locally stored backups are cleaned automatically every 7 days, and Kickassd is not responsible for data loss due to local backup cleanups. Ram and IO allowances: We guarantee the availability of your respective plans RAM and IO resources. CPU: Accounts are given access to 1 full core and up to 1.2 full cores. CPU is fair use policy and you are not guaranteed the use of 1 full core. Sustained high CPU use will result in notification and a request that you lower it or move to a Cloud Server.

Backups & Data Loss
Your use of this service is at your sole risk. Our backup service is incremental and runs once a day, each day is a Recover Point (RP) that can be used to restore data. Our system keeps 60 recovery points which means your data is backed up for 2 months. This service is provided to you as a courtesy. Kickassd is not responsible for files and / or data residing on your account. Customer agrees to maintain a current (non local) copy of all content hosted by Kickassd not withstanding any agreement by Kickassd to provide backup services. When an account is cancelled or terminated all backup data is deleted and Kickassd is not responsible for loss of data due to this.

Reseller Client Responsibility
Resellers are responsible for supporting their clients. Kickassd does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Kickassd will hold any reseller responsible for any of their clients’ actions that violate the law or the Terms Of Service (TOS).

Shared (Non-Reseller Accounts)
Shared accounts may not resell web hosting in any way. If you wish to resell hosting you must use a reseller account.

Uptime Guarantee
Kickassd strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Kickassd’s monitoring systems or Kickassd authorized / contracted outside monitoring services. If Kickassd fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. 

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Kickassd network caused by or associated with:

A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

B) Telco Failure (i.e. Somebody cuts the main fiber conduit outside of the datacenter and causes an outage)

C) Backbone peering point issues 

D) Scheduled maintenance for hardware/software upgrades

E) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Kickassd utilizes only name brand hardware of the highest quality and performance.

F) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)

G) DNS issues not within the direct control of Kickassd

H) Network floods, hacks, attacks from outside parties or individuals

I) Failure or error of any Kickassd monitoring or measurement system

J) Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Kickassd service(s) in breach of Kickassd Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Support Scope
While Kickassd is a managed Webhosting service, our management is not all inclusive, though generous. Clients are expected to attempt to fix issues and or perform installations prior to requesting help from Kickassd support staff. Kickassd support staff can and will help complete installs and diagnose and fix problems when the problems are not due to client negligence, client code changes, or any other change applied by the client that broke website or database. Support does not repair, or modify website code, or database contents. In the case of a hacked website we deal with these on a case by case basis and will do what we can to help the client recover from it, but it is not Kickassd’s responsibility to clean and or repair files infected or damaged by hacks.

Right To Refusal Without Cause
Kickassd may refuse to accept any customer or any website for participation in the Kickassd network as determined by Kickassd at its sole discretion.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Kickassd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Kickassd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Kickassd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kickassd; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Kickassd’s server.

Arbitration
By using any Kickassd services, you agree to binding arbitration. If any disputes or claims arise against Kickassd or its subsidiaries, such disputes will be handled by an arbitrator of Kickassd’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclosure To Law Enforcement
Kickassd may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Disclaimer
Kickassd will not be responsible for any damages your business may suffer. Kickassd makes no warranties of any kind, expressed or implied for services we provide. Kickassd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Kickassd and its employees.

Copyright Policy
All content on this website is Copyright © Kickassd and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of Kickassd.

Changes To The Terms Of Service (TOS)
Kickassd reserves the right to revise its policies at any time without notice.