1.)
Account Setup / Email on file
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. If you have a domain
name registered with KwtBox.com, it is your
responsibility to ensure that the contact
information for your domain account and your
actual domain name(s) is correct and up-to-date.
KwtBox.com is not responsible for a lapsed
registration due to outdated contact information
being associated with the domain. If you need to
verify or change this information, you should
contact our sales team via email. Providing
false contact information of any kind may result
in the termination of your account. In dedicated
server purchases or 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.
Ownership
The credit card holder or owner of the PayPal
e-mail address which is utilized for payment on
the account is designated as the authorized
owner of the account.
Third Party Providers
All transactions with third party providers are
solely between the visitor and the individual
provider. KwtBox.com is not the agent,
representative, trustee or fiduciary of you or
the third party provider in any transaction.
All discounts,
promotions and special third party offers may be
subject to additional restrictions and
limitations by the third party provider. All
transactions with third party providers are
subject to the terms and conditions under which
the provider agrees with you to provide the
goods or services. You should confirm the terms
of any purchase and/or use of goods or services
with the specific provider with whom you are
dealing.
We do not make
any representations or warranties regarding, and
are not liable for, the quality, availability,
or timeliness of goods or services provided by a
third party provider. You undertake all
transactions with these providers at your own
risk. We do not warrant the accuracy or
completeness of any information regarding third
party providers.
2.) Content
All services provided by KwtBox.com may only
be used for lawful purposes. The laws of the
State of Florida, the State of Texas, and the
United States of America apply.
The customer
agrees to indemnify and hold harmless
KwtBox.com from any claims resulting from the
use of our services.
Use of our
services to infringe upon any copyright or
trademark is prohibited. This includes but is
not limited to unauthorized copying of music,
books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in
the immediate termination of your account. Any
account found to be in violation of anothers
copyright will be expeditiously removed, or
access to the material disabled. Any account
found to be in repeated violation of copyright
laws will be suspended and/or terminated from
our hosting. If you believe that your copyright
or trademark is being infringed upon, please
email cs@kwtbox.com
with the information required.
Using a shared account as a
backup/storage device is not permitted,
with the exception of one cPanel backup of the
same account. Please do not take backups of your
backups.
Examples of
unacceptable material on all
Personal-Shared servers include:
- Topsites
- IRC
Scripts/Bots
- Proxy
Scripts/Anonymizers
- Pirated
Software/Warez
- Image
Hosting Scripts (similar to Photobucket or
Tinypic)
-
AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce
Programs/Scripts/Applications
- Mail
Bombers/Spam Scripts
- Banner-Ad
services (commercial banner ad rotation)
- File
Dump/Mirror Scripts (similar to rapidshare)
- Commercial
Audio Streaming (more than one or two
streams)
- Escrow/Bank
Debentures
- High-Yield
Interest Programs (HYIP) or Related Sites
- Investment
Sites (FOREX, E-Gold Exchange, Second
Life/Linden Exchange, Ponzi, MLM/Pyramid
Scheme)
- Sale of any
controlled substance without prior proof of
appropriate permit(s)
- Prime Banks
Programs
-
Lottery/Gambling Sites
-
MUDs/RPGs/PBBGs
- Hacker
focused sites/archives/programs
- Sites
promoting illegal activities
- Forums
and/or websites that distribute or link to
warez/pirated/illegal content
- Bank
Debentures/Bank Debenture Trading Programs
- Fraudulent
Sites (Including, but not limited to sites
listed at aa419.org & escrow-fraud.com)
- Push button
mail scripts
- Broadcast
or Streaming of Live Sporting Events (UFC,
NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A
Friend Scripts
- Anonymous
or Bulk SMS Gateways
Examples of
unacceptable material on all
Companies-Big Websites servers include:
- IRCD (irc
servers)
- IRC
Scripts/Bots
- Pirated
Software/Warez
- IP Scanners
- Bruteforce
Programs/Scripts/Applications
- Mail
Bombers/spam Scripts
- Escrow
- High-Yield
Interest Programs (HYIP) or Related Sites
- Investment
Sites (FOREX, E-Gold Exchange, Second
Life/Linden Exchange, Ponzi, MLM/Pyramid
Scheme)
- Sale of any
controlled substance without prior proof of
appropriate permit(s)
- Prime Banks
Programs
-
Lottery/Gambling Sites
- Hacker
focused sites/archives/programs
- Sites
promoting illegal activities
- Forums
and/or websites that distribute or link to
warez/pirated/illegal content
- Bank
Debentures/Bank Debenture Trading Programs
- Fraudulent
Sites (Including, but not limited to sites
listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Broadcast
or Streaming of Live Sporting Events (UFC,
NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
KwtBox.com
services, including all related equipment,
networks and network devices are provided only
for authorized customer use. KwtBox.com
systems may be monitored for all lawful
purposes, including to ensure that use is
authorized, for management of the system, to
facilitate protection against unauthorized
access, and to verify security procedures,
survivability, and operational security. During
monitoring, information may be examined,
recorded, copied and used for authorized
purposes. Use of KwtBox.com system(s)
constitutes consent to monitoring for these
purposes.
Any account
found connecting to a third party network or
system without authorization from the third
party is subject to suspension. Access to
networks or systems outside of your direct
control must be with expressed written consent
from the third party. KwtBox.com may, at its
discretion, request and require documentation to
prove access to a third party network or system
is authorized.
We reserve the
right to refuse service to anyone. Any material
that, in our judgment, is obscene, threatening,
illegal, or violates our terms of service in any
manner may be removed from our servers (or
otherwise disabled), with or without notice.
Failure to
respond to email from our abuse department
within 48 hours may result in the suspension or
termination of your services. All abuse issues
must be dealt with via troubleticket/email and
will have a response within 48 hours.
Sites hosted on
KwtBox.com's service(s) are regulated
only by U.S. law. Given this fact, and pursuant
to Section 230(c) of the Communications Decency
Act, we do not remove allegedly defamatory
material from domains hosted on our service(s).
The only exception to this rule is if the
material has been found to be defamatory by a
court, as evidenced by a court order.
KwtBox.com is not in a position to
investigate and validate or invalidate the
veracity of individual defamation claims, which
is why we rely on the legal system and courts to
determine whether or not material is indeed
considered defamatory. In any case in which a
court order indicates material is defamatory,
libelous, or slanderous in nature; we will
disable access to the material. Similarly, in
any case in which a US Court has placed an
injunction against specified content or
material; we will comply and remove or disable
access to the material in question.
The language of
Section 230(c) of the Communications Decency Act
fundamentally states that Internet services
providers like KwtBox.com and many of
KwtBox.com's other webhosting services
and brands are republishers and not the
publisher of content. Our service merely
provides a hosting platform and space on which
to host content, and any creation or publication
of content on our services is the sole
responsibility of the third-party user which
creates or publishes the content. Therefore,
KwtBox.com should not be held liable for
any allegedly defamatory, offensive or harassing
content published on sites hosted under
KwtBox.com's webhosting service(s).
If in doubt
regarding the acceptability of your site or
service, please contact us at
abuse@KwtBox.com and we will be happy to
assist you.
Potential harm
to minors is strictly forbidden, including but
not limited to child pornography or content
perceived to be child pornography (Lolita):
Any site found
to host child pornography or linking to child
pornography will be suspended immediately
without notice.
Resellers: we
will suspend the site in question and will
notify you so you may terminate the account. We
will further monitor your activity; more than
one infraction of this type may result in the
immediate termination of your account.
Direct
customers: Your services will be terminated with
or without notice.
Violations will
be reported to the appropriate law enforcement
agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending
of unsolicited e-mail, bulk emailing, and spam.
"Safe lists", purchased lists, and selling of
lists will be treated as spam. Any user who
sends out spam will have their account
terminated with or without notice.
Sites advertised
via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not
limited to SPAM sent via fax, phone, postal
mail, email, instant messaging, or
usenet/newsgroups. No organization or entity
listed in the
ROKSO may be hosted on our servers. Any
account which results in our IP space being
blacklisted will be immediately suspended and/or
terminated.
KwtBox.com
reserves the right to require changes or disable
as necessary any web site, account, database, or
other component that does not comply with its
established policies, or to make any such
modifications in an emergency at its sole
discretion.
KwtBox.com
reserves the right to charge the holder of the
account used to send any unsolicited e-mail a
clean up fee or any charges incurred for
blacklist removal. This cost of the clean up fee
is entirely at the discretion of KwtBox.com.
4.) Payment Information
You agree to supply appropriate payment for the
services received from KwtBox.com, in advance
of the time period during which such services
are provided. You agree that until and unless
you notify KwtBox.com of your desire to
cancel any or all services received, those
services will be billed on a recurring basis.
Cancellations must be done in writing via the
cancellation form provided. Once we receive
your cancellation and have confirmed all
necessary information with you via e-mail, we
will inform you in writing (typically email)
that your account has been canceled. Your
cancellation confirmation will contain a
ticket/tracking number in the subject for your
reference, and for verification purposes. You
should immediately receive an automatic "Your
request has been received..." email with a
tracking number. An employee will confirm your
request (and process your cancellation) shortly
thereafter.This process reduces the likelihood
of mistakes, fraudulent/malicious requests, and
ensures you are aware that the files, emails,
and account may be removed immediately after a
cancellation request is processed.
5.) Backups and Data Loss
Your use of this service is at your sole risk.
Our backup service runs once a week, overwrites
any of our previous backups made, and only one
week of backups are kept. This service is
provided to you as a courtesy. KwtBox.com is
not responsible for files and/or data residing
on your account. You agree to take full
responsibility for files and data transferred
and to maintain all appropriate backup of files
and data stored on KwtBox.com servers.
6.) Cancellations and Refunds
KwtBox.com reserves the right to cancel,
suspend, or otherwise restrict access to the
account at any time with or without notice.
Exchange rate
fluctuations for international payments are
constant and unavoidable. All refunds are
processed in U.S. dollars, and will reflect the
exchange rate in effect on the date of the
refund. All refunds are subject to this
fluctuation and KwtBox.com is not responsible
for any change in exchange rates between time of
payment and time of refund.
Customers may
cancel at any time via a
cancellation form. KwtBox.com gives you
an unconditional 45 day money back guarantee on
managed shared hosting, and reseller solutions
for any customer who paid the first invoice with
a credit card or with Paypal.
Cancellations
requested after the initial 45 days for Shared
and Reseller accounts will go into effect on the
renewal date for that particular hosting
package. Unless specifically requested, the
account will remain active until the period
expires. If the account is eligible, any request
for a refund outside of the initial 45 day
period will be given on a prorated basis with
any previous extended term discount withheld.
Refunds are to be determined once the account
has been canceled. Payments older than 60 days
may require a refund via PayPal or mailed check
due to our merchant account policies and
procedures.
The following
methods of payments are non-refundable, and
refunds will be posted as credit to the hosting
account:
- Bank Wire
Transfers
- Western
Union Payments
- Checks
- Money
orders
There are no
refunds on dedicated servers, administrative
fees, and install fees for custom software.
Refund requests for .com, .net., and .org domain
names (made within the 45 day money-back
guarantee period) will have the common market
value subtracted for those tld's. Any ccTLD's
domain name purchases are non-refundable. Please
note that domain refunds will only be considered
if they were ordered in conjunction with a
hosting package. Eligibility of said refunds
will be determined at the time of cancellation.
Only first-time
accounts are eligible for a refund. For example,
if you've had an account with us before,
canceled and signed up again, you will not be
eligible for a refund or if you have opened a
second account with us.
Violations of the Terms of Service will waive
the refund policy.
As a client of
KwtBox.com, it is your responsibility to
ensure that your payment information is up to
date, and that all invoices are paid on time.
You agree that until and unless you notify
KwtBox.com of your desire to cancel any or
all services received (by the proper means
listed in the appropriate section of the Terms
of Service), those services will be billed on a
recurring basis, unless otherwise stated in
writing by KwtBox.com. KwtBox.com reserves
the right to bill your credit card or billing
information on file with us. KwtBox.com
provides a 10 day grace period from the time the
invoice is generated and when it must be paid.
Any invoice that is outstanding for 10 days and
not paid will result in a $10 late fee and/or an
account suspension until account balance has
been paid in full. The $10 late fee is applied
in addition to whatever else is owed to
KwtBox.com for services rendered. Access to
the account will not be restored until payment
has been received.
It is the
customer's responsibility to notify our sales
team via email at
cs@kwtbox.com after paying for a
domain renewal and to ensure the email is
received and acted upon. Domain renewal notices
and invoices are provided as a courtesy reminder
and KwtBox.com cannot be held responsible for
failure to renew a domain or failure to notify a
customer about a domain's renewal.
Subsequently,
domain renewals are billed and renewed 30 days
before the renew date. It is the customer's
responsibility to notify our sales team via
email at
cs@kwtbox.com for any domain
registration cancellation. No refunds can be
given, once a domain is renewed. All domain
registrations, and renewals are final.
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
cs@kwtbox.com
KwtBox.com
reserves the right to change the monthly payment
amount and any other charges at anytime.
7a.)
Resource Usage
User may not:
1) Use 25% or more of system resources for
longer then 90 seconds. There are numerous
activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side
processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer
(including Google Cash / AdSpy) on shared
servers.
4) Run any software that interfaces with an IRC
(Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or
client. You may link to legal torrents off-site,
but may not host or store them on our shared
servers.
6) Participate in any file-sharing/peer-to-peer
activities
7) Run any gaming servers such as
counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than
15 minutes.
9) Run any MySQL queries longer than 15 seconds.
MySQL tables should be indexed appropriately.
10) When using PHP include functions for
including a local file, include the local file
rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php")
11) To help reduce usage, do not force html to
handle server-side code (like php and shtml).
12) Only use https protocol when necessary;
encrypting and decrypting communications is
noticeably more CPU-intensive than unencrypted
communications.
7b.) INODES
The use of more than 250,000 inodes on any
shared account may potentially result in a
warning first, and if no action is taken future
suspension. Accounts found to be exceeding the
100,000 inode limit will automatically be
removed from our backup system to avoid
over-usage, however databases will still be
backed up. Every file (a webpage, image file,
email, etc) on your account uses up 1 inode.
Sites that
slightly exceed our inode limits are unlikely to
be suspended; however, accounts that constantly
create and delete large numbers of files on a
regular basis, have hundreds of thousands of
files, or cause file system damage may be
flagged for review and/or suspension. The
primary cause of excessive inodes seems to be
due to users leaving their catchall address
enabled, but never checking their primary
account mailbox. Over time, tens of thousands of
messages (or more) build up, eventually pushing
the account past our inode limit. To disable
your default mailbox, login to cPanel and choose
"Mail", then "Default Address", "Set Default
Address", and then type in: :fail: No such user
here.
7c.) Backup Limit
Any shared account using more than 20 gigs of
disk space will be removed from our off site
weekly backup with the exception of Databases
continuing to be backed up. All data will
continue to be mirrored to a secondary drive
which helps protect against data loss in the
event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth 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 the start of the next
allocation, suspend the account until more
bandwidth 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.
9a.) Money back Guarantee
On dedicated servers no full refund will be
honored -- the 45 day money back guarantee does
not apply. We reserve the right to refund a
prorated amount or no refund at all.
Each of
KwtBox.com's managed shared, VPS, and
reseller servers carry a 45 day unconditional
money back guarantee on them. If you are not
completely satisfied with our services within
the first 45 days of your service, you will be
given a full refund of the contract amount.
Remember, this is only for monthly shared or
reseller packages and does not apply to
dedicated servers, administrative fees, install
fees for custom software, or domain name
purchases.
KwtBox.com
will not activate new orders or activate new
packages for customers who have an outstanding
balance with KwtBox.com. For a new order to
be setup or a new package to be activated, you
must have a balance of $0.00, unless otherwise
stated by KwtBox.com in writing.
9b.) Uptime Guarantee
If your shared / reseller server has a physical
downtime that is not within the 99.9% uptime you
may receive one month of credit on your account.
Approval of the credit is at the discretion of
KwtBox.com dependent upon justification
provided. Third party monitoring service reports
may not be used for justification due to a
variety of factors including the monitor's
network capacity/transit availability. The
uptime of the server is defined as the reported
uptime from the operating system and the Apache
Web Server which may differ from the uptime
reported by other individual services. To
request a credit, please contact
cs@kwtbox.com with justification. All
requests must be made in writing via email.
Uptime guarantees only apply to shared /
reseller solutions. Dedicated servers are
covered by a network guarantee in which the
credit is prorated for the amount of time the
server is down which is not related to our
uptime guarantee.
11.)
Price Change
The amount you pay for hosting will never
increase from the date of purchase. We reserve
the right to change prices listed on
KwtBox.com, and the right to increase the
amount of resources given to plans at any time.
12.)
Coupons
Discounts and coupon codes are reserved for
first-time accounts *or first-time customers*
only and may not be used towards the purchase of
a domain registration unless otherwise
specified. If you have signed up using a
particular domain, you may not resign up for
that domain using another coupon at a later
date. Any account found in violation of these
policies will be reviewed by our sales
department and the appropriate invoices will be
added to the account. Coupon abuse will not be
tolerated and may result in the suspension or
termination of the account. Coupons or discounts
are only valid towards the initial purchase, and
do not affect the renewal or recurring price.
13a.)
Indemnification
Customer agrees that it shall defend, indemnify,
save and hold KwtBox.com harmless from any
and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees
asserted against KwtBox.com, 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 KwtBox.com against
liabilities arising out of; (1) any injury to
person or property caused by any products sold
or otherwise distributed in connection with
KwtBox.com; (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 KwtBox.com's
server.
13b.)
Arbitration By
using any KwtBox.com services, you agree to
submit to binding arbitration. If any disputes
or claims arise against KwtBox.com or its
subsidiaries, such disputes will be handled by
an arbitrator of KwtBox.com's choice. An
arbitrator from the American Arbitration
Association or the National Arbitration Forum
will be selected in the state of Texas.
Arbitrators shall be attorneys or retired judges
and shall be selected pursuant to the applicable
rules. All decisions rendered by the arbitrator
will be binding and final. The arbitrator's
award is final and binding on all parties. The
Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under
this Arbitration Clause. You are also
responsible for any and all costs related to
such arbitration.
14.)
Disclaimer
KwtBox.com shall not be responsible for any
damages your business may suffer. KwtBox.com
makes no warranties of any kind, expressed or
implied for services we provide. KwtBox.com
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 KwtBox.com
and its employees.
15.)
Disclosure to law enforcement
KwtBox.com 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.
16.)
Changes to the TOS
KwtBox.com reserves the right to revise its
policies at any time without notice.
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