Terms Of Service

Legal Agreements

The following are the Terms & Conditions that must be agreed upon in order to sign-up with KickAssVPS.com. All users of our hosting service will be bound to this agreement.

Refusal of Service

We reserve the right to refuse, cancel, or suspend web hosting service at our sole discretion.

Unsolicited Email

Email Spamming, or sending of unsolicited emails including, without limitation, commercial advertising and informational announcements, from the KickAssVPS.com server or using an email 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. Any violation of our unsolicited email policy will result in immediate termination of your account with NO REFUND.

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.

Runescape & Gaming Servers

KickAssVPS.com does not allow Runescape or any other types of gaming servers, programs, bots, etc. to be hosted on our VPS services or network. Runescape programs found to be running 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 servers or network. IRC programs found to be running will result in immediate termination of your account in accordance with this hosting service agreement. NO REFUND will be provided.

Payment

Establishment of the hosting 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 Service Agreement upon the failure of a customer to pay charges when due. Such termination or denial will not relieve a 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. The 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 on their official website.

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 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 in accordance with this hosting terms of service.

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 restoration fee should KickAssVPS.com be required to provide this restoration as per subscriber’s 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.

Limited Liability

Use of KickAssVPS.com services is at the customer’s 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 the 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 web hosting 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 this hosting service agreement. 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.