Terms of Service
This is a legally binding policy representing Kwik Server’s Terms of Service ("TOS") in its entirety and supersedes any other oral or written agreement. These policies define the terms of service for a customer when they are using any services of Kwik Server.
Any person using our services is bound by these terms of service. Any service purchased from us expressly implies that the customer has agreed to the terms of service listed herewith this document.
“We”, “Us”, “Our” and / or “Kwik Server” is the hosting service provider and maybe called by any one of these names. “You”, “Your”, “Client”, “Customer” and / or “Member” is the person or person’s representative who purchases hosting service(s) from Kwik Server.
Acceptable Usage Policy
- Content uploaded, stored, emailed or transmitted by clients on our servers must not contain any files which violate local and international laws and treaties. This includes but is not limited to storage, upload, email, transmission or any means of making available works of copyrighted videos, music, games, templates and softwares.
- Customers who store and / or upload child pornography will have their servers suspended immediately without any warnings / notices. We will also hand over all your personal details to federal authorities for legal recourse. Any activity which creates hatred against minors or which hurts the sentiments of minors is banned.
- Customers may not run websites which spread hatred, threaten people, indulge in illegal activities like hacking etc.
- Customers may not run websites which spread anti-national sentiments, degrade opposite races, sex etc.
- Customers may not run or administer IRC bots or its clients.
- Customers may not use our servers for streaming or CDN services except with Kwik Server’s prior written consent, which consent may be granted or withheld at Kwik Server’s sole discretion.
- Customers may not use our servers to offer or run any web proxy services which hide the origin of network traffic.
- Customer agrees not to post incorrect information in new groups and boards in violation of their terms. We reserve the right to terminate your services if any news group or service providers contact us about the violation.
- Customers agree to use only licensed softwares to run their operations. Customers are free to use trial and open source softwares. Use of nulled / cracked softwares is not allowed and such usage can lead to termination of services.
- Customers may not run unauthorized scripts or softwares on our servers which can harm the equipment affecting the service and equipment.
- Customers may not send Distributed Denial of Service (DDoS) or Denial of Service attacks to others using our servers. This will lead to immediate termination without any refund settlement. Kwik Server have the right to claim fees from such defaulters to set right the loss caused to affected party. If the affected party takes a legal recourse, customer details would be shared with the court of law if a legal request is received by Kwik Server.
- Customers may not send / store malicious scripts / cookies etc.
- Customers may not impersonate any person or entity.
- Customers may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising using promotional materials like "Junk mail," "spam," "chain letters," or "pyramid schemes". We may require the customers to prove that the email receivers have opted in to the list.
- Customers may not provide material support or resources to conceal or disguise the nature, location, source, or ownership of material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- Customers may not in any activity which is deemed illegal by laws. Kwik Server can its discretion deem any activity illegal if it is affecting its service, network, other customers, service providers and / or outsiders due to the action of a customer. This can lead to termination of services.
Customers may not use our services for spamming activities / sending unsolicited emails / requests. If found doing so, we have the right to terminate customer account without any prior notification and no refund would be issued.
Resource Usage Policy
Bandwidth Usage: All servers are provided with generous bandwidth limits as per the plans selected. Customers are requested to use these wisely. We reserve the right to review / amend / downgrade / upgrade / modify this allocation any time if we feel that this is affecting the server / network performance.
Any customer reaching their bandwidth usage limit will have to contact the support team via ticketing system to have it increased. Do note that the customer will have to pay an extra cost to increase their bandwidth usage limit as per the plan selected. Customer support team will give you the specific details of these charges upon request.
Fair Use Policy: The Service is provided to end-user Customers for normal, fair, and reasonable use. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns, either individually or as part of a group of Customer servers. In the event Kwik Server, in its sole discretion, determines that the Customer is not using the Service according to this Fair Use Policy, Kwik Server will be entitled to: (a) impose limits on the speed of the data the Customer may transmit and/ or receive on any or all Customer servers with this Service, (b) re-price any or all Customer servers with this Service to the regular bandwidth rate; or (c) suspend or terminate the Service to any or all servers provided to the Customer, at Kwik Server’s sole option.
Content Storage and Account Security
At all times, the customer bears the full responsibility of contents stored on Kwik Server’s servers. Any loss of content due to any reason is customer’s responsibility. We strongly urge the customers to take regular back-ups of their servers to ensure peace of mind and minimize losses.
The security of your account with Kwik Server rests upon you as a customer. You must keep your password unique and must not share it with anybody else. If you notice anything wrong with your account / servers, immediately contact our support team and we’ll see what we can do about it.
You as a customer are solely responsible for any actions taken by your account and for the content stored on our servers by you. You agree to bear any charges which Kwik Server may have to incur to make good the losses caused by your actions.
Kwik Server does not undertake any obligations to provide servers management or security services unless the customer has requested them in advance by paying for them separately. Any help required from our technical team must be requested via ticket system which can be found in your client area.The customer agrees to:
- Prevent any losses or damages to your content.
- Maintain backup copies of the content stored on the server.
- Ensure security, confidentiality and the integrity of your account and any contents stored / transmitted through the servers.
Kwik Server, is an online service provider under the Digital Millennium Copyright Act (“DMCA”). We respect the rights of copyright holders and follow the efficient notice and takedown procedure as laid down in the Act.
All DMCA takedown requests must be e-mailed to email@example.com along with ownership proof / proof of rights holding. The request must also contain the clear details of infringer of rights and contact details of copyright owners / their agents. Once a request is validated, Kwik Server would immediately take down such content and could also disable access to the server containing such content.
Server owners having lawful rights to such mistakenly removed content can contact firstname.lastname@example.org along with proofs to file their counter notification.
Repeated infringers can have their accounts suspended without prior notice.
You agree to indemnify, defend, and hold Kwik Server and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Kwik Server's servers. Such liabilities may include, but are not limited to, those arising from the following:
- (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy.
- (b) Any damage or destruction to Kwik Server's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees.
- (c) Any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Kwik Server's gross negligence or willful misconduct.
- (d) Any other damage arising from your equipment or your business.
- (e) Kwik Server will not be held responsible for damages claimed by any reseller customer.
Upon request, the Kwik Server member may elect to use Kwik Server's Privacy Registration Service. If so, you agree to be bound by the terms of Kwik Server, which may be found on the Kwik Server website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Kwik Server services.
During the course of providing services to a customer, Kwik Server may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Kwik Server shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Kwik Server reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Fees - Kwik Server charges the following fees where ever applicable. All such fees are subject to change with a 30 days notice. Not all fees are applicable to all accounts.
- Set-Up Fee – This is a one time fee that may be charged in connection with the establishment of a new account or set up of a new server.
- Service Fee – This is the fee for your monthly, 1-year, 2-year or 3-year services.
- Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
- Change of Plans: Kwik Server reserves the right to alter, change, amend, or delete fees at its sole discretion. Kwik Server further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
- Kwik Server reserves the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. Kwik Server also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
- Payment of Fees - Kwik Server accepts payment by Credit Cards (Visa, MasterCard, & American Express) and PayPal.
- Credit Card on File Method: When you place a credit card on file with Kwik Server, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. If your invoice becomes more than 3-days past due (from the invoice Due Date) then Kwik Server reserves the right to suspend service or terminate service after 5 days past due until payment is received.
- Third Party Processing Options: Currently, Kwik Server is able to accept Third Party Payments via the following sources: PayPal. Payments must be fully CLEARED before they are credited to your account. Bounced payments will incur a fee of $35.00 or, if less, the legal limit for a bounced check or payment in your state or country.
- Payment Obligations: Full payment is required in advance before service is established. Kwik Server sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that Kwik Server may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by due date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $25 fee for bounced checks and a $25 processing fee for chargebacks.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Kwik Server thirty (30) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
- Cancellations: All cancellation requests must be sent 3 (three) days before the due date of the invoice. If you do not raise a cancellation request and are not paying the invoice as well we will continue charging your credit card (or default payment) unless we received the cancellation requests 3 (three) days before the due date of the invoice, the due date is the server expiration date. The server will be wiped of all data due to customer privacy on its due date. Data on the server will be retained only if payment for the invoice(s) received well in time.
Before 7 Days
We have no question asked REFUND POLICY, if you are not satisfied with our services. All you need to do is to cancel the services within first 7 days.
After 7 Days
All services including dedicated servers, control panels, operating systems etc., are set up on a monthly pre-pay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services and component after 7 Days do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will stand cancelled.
Chargebacks and Payment Disputes
Under this Terms of Service agreement you must first contact Kwik Server to attempt to resolve any billing disputes before contacting your Bank or Credit Card Company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
Server(s) will be temporarily suspended during any payment disputes or chargebacks. This will remain in force until the issue / dispute is resolved. Post issue resolution, Kwik Server may decide not to continue business with the customer. Please note that this decision will solely be based on the nature of dispute / issue.
By using our services you agree to the above policy and to contact Kwik Server before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
Promotional or Special Offers: Pre-payment Offers
From time to time, Kwik Server may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first month’s service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.
Promotional or Special Offers: Other Types of Offers
From time to time, Kwik Server may offer promotional or special offers. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. A client is entitled to only one offer. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: "Three Months Free Load Balancing Service") require you, the Client, to contact Kwik Server prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and you, the Client, agree to pay, in full, the full monthly rate, unless you cancel in advance.
Limitation of Liability
Kwik Server, cannot be held liable for any indirect, incidental, punitive, disruptive or other consequential damages including but not limited to loss in profits, damages related to corruption or deletion of files / website contents, e-mail data and database contents arising out of or in relation to this agreement or your use or inability to use Kwik Server’s services due to any reason regardless of whether the customer is in contract or not even if we are informed / advised of any such possible damages in advance. In no event shall our maximum liability exceed the total amount paid by its customer for the services received during the prior 12 (twelve) months. Wherever the applicable local law does not allow the limitation of liability for consequential or incidental damages, we are liable to the extent permitted by law.
99.9% Service Level Agreement " SLA
Kwik Server offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Kwik Server will try to maintain maximum up time. Kwik Server is not responsible for any downtime caused by the client.
The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Kwik Server offers a 99.9% uptime guarantee. This is valid for only the connection. Kwik Server will pursue all resources and channels available to maintain maximum uptime; however, Kwik Server is not responsible for any down time caused by a client's error. Kwik Server makes no express or implied warranties, including, but not limited to warranties of non-infringement, merchantability OR fitness for a particular use in connection to the service it provides. Neither Kwik Server nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Kwik Server, even if Kwik Server has been advised about the possibility of such damages in advance.
Suspension and Termination
Kwik Server, at it sole discretion for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, may suspend your account by deactivating any access to you and/or to any information contained on the Kwik Server servers related to your account. Suspension shall specifically include the disabling of your services and any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Kwik Server, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
Kwik Server respects all its employees and expects the same from its customers. Any disrespect or hatred directed towards our employees by any mode of communication will not be tolerated and can lead to immediate suspension along with no refunds. We urge our customers not to get into such situations.
Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Kwik Server servers. Such information or data may or may not be made available to you by Kwik Server after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Kwik Server. In the event of termination, there will be no refund provided to you.
Prohibited Actions -
- The scanning of foreign networks or foreign IP addresses
- Manually changing the hardware address (MAC)
- The use of fake source IPs.
Assignment of Rights -
Your rights under this agreement may be assigned to another party only upon prior notice and express approval by Kwik Server. Any other attempted transfer or assignment of rights hereunder shall be null and void.
Kwik Server may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Kwik Server.
Amendments to Terms of Service
Kwik Server may, without prior notice amend this agreement from time to time and will do so by posting the new agreement on the Kwik Server websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.