The following are the Terms & Conditions that must be agreed upon in order to sign-up with KickAssVPS.com. All users of our service will be bound to this agreement.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service
at our sole discretion.
File Sharing and Bandwidth Usage
File sharing and file distribution of copyrighted material
from your Virtual Private Server is prohibited, and will
result in immediate termination of your account with NO
REFUND.
Excessive bandwidth usage for the purpose of file
sharing or file distribution via automated programs such as
BitTorrent, Gnutilla, BearShare, etc. will result in
immediate termination of your account with NO REFUND.
IRC
KickAssVPS.com does not allow IRC programs to be hosted on our VPS services or network. IRC programs found to be running will result in
immediate termination of your account with NO REFUND.
Establishment of this service is contingent upon receipt of payment from Customer to KickAssVPS.com. Subsequent payments are due on the anniversary date of the month for that month’s service.
Payments and Fees
Payment is due on the defined monthly recurring billing date
of each month. Credit cards that are declined for any reason
are subject to a $10.00 declination fee. Service will be
interrupted on accounts that reach 7 days past due. Service
interrupted for non-payment is subject to a $10.00 reconnect
charge. Accounts not paid by due date are subject to a $5.00
late fee.
Delinquent Accounts
KickAssVPS.com may temporarily deny service or terminate
this Agreement upon failure of Customer to pay charges when
due. Such termination or denial will not relieve Customer of
responsibility for the payment of all accrued service fees,
or any collection fees.
Account Cancellation:
All requests for service cancellation must be made either
through the KickAssVPS.com billing center, support center,
or an email with the intent to cancel services sent to
billing@kickassvps.com. Confirmation receipt of cancellation
will be sent within 24 hours.
Domain Names
Domain Names registered through KickAssVPS.com must follow
the Uniform Domain Name Dispute Resolution Policy as
approved by ICANN. This policy can be found
here.
Unacceptable Content
All services provided by KickAssVPS.com may be used for
lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any
United States Federal, State or City law is prohibited. This
includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material
protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless KickAssVPS.com and its
employees from any claims resulting from the use of the
service which damages the subscriber or any other party.
KickAssVPS.com will be the sole arbiter as to what
constitutes a violation of this provision. Also prohibited
are sites that promote any illegal activity or present
content that may be damaging to KickAssVPS.com servers or
any other server on the Internet. Links to such materials
may also be prohibited. Pornography is not expressly
prohibited, however the legal bounds still apply.
System and Network Abuse
Any attempt to undermine, compromise the security of, or
otherwise cause harm to any KickAssVPS.com equipment or
customer accounts is strictly prohibited and will result in
the immediate cancellation of the account.
Data Files
The subscriber is responsible for maintaining a complete and
current copy of their data files at a remote location from
KickAssVPS.com. KickAssVPS.com does perform daily
backups and there will be a $50 restore fee should
KickAssVPS.com be required to provide a restore per
subscribers request. KickAssVPS.com has the right to delete
all data, files, or other information in the customer’s
account, if the customer's account with KickAssVPS.com is
terminated, for any reason, by either KickAssVPS.com or the
customer.
Email
Spamming, or the sending of unsolicited e-mail including,
without limitation, commercial advertising and informational
announcements, from a KickAssVPS.com server or using an
e-mail address or domain that is maintained by
KickAssVPS.com as reference is STRICTLY prohibited.
KickAssVPS.com will be the sole arbiter as to what
constitutes a violation of this provision. A user shall not
use another site's mail server to relay mail without the
express permission of the site. KickAssVPS.com will be the
sole arbiter as to what constitutes a violation of these
provisions.
Limited Liability
Use of KickAssVPS.com services is at the customers sole
risk. Neither KickAssVPS.com, its employees, affiliates,
third party services, merchant licensors or the like,
warrant that KickAssVPS.com service will not be interrupted
or error free. KickAssVPS.com 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. In no circumstance will
KickAssVPS.com, 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 KickAssVPS.com services, from
service interruptions, from customer errors or problems with
their Internet connectivity, from unauthorized access to
KickAssVPS.com services, from communication failure, from
bandwidth congestion or interruptions, or from acts of God.
Refunds and Disputes:
All payments to KickAssVPS.com are non-refundable after
Customer's 30-day money-back guarantee period. This includes
any setup fees and monthly fees, regardless of usage. All
billing disputes must be reported within 30 days of the time
the dispute occurred. Disputed charges to your credit card
issuer, also known as chargebacks, under the terms and
conditions of our Terms of Service will result in a service
interruption, as well as reconnection fees to restore the
desired service.
Account Activation
By activating your account with KickAssVPS.com you agree to
the above policies and disclaimer. Upon requesting account
activation, you are required to accept these policies,
guidelines, and disclaimer and a copy of your acceptance is
forwarded along with your activation request to be
maintained within your account information.
Reporting Abuse
Any party seeking to report any violations of KickAssVPS.com
policy may contact KickAssVPS.com at
abuse@kickassvps.com
