Introduction:

Kineo Techologies, LLC ("KineoTech") strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other KineoTech customers, and us against such harm.

Agreement:

By requesting an account with KineoTech, accessing KineoTech network or servers for any reason, you agree to act as a responsible user who understands the consequences of violating any of the terms and agrees to act in accordance with the terms below. You also agree that any use of services that KineoTech provides constitutes as an agreement with these Terms Of Service.

Modifications of the Terms of Service:

KineoTech holds the right to modify, update, change, or revise the terms at its sole discretion without informing users of the change. While we will make an effort to notify you of revisions, it is your responsibility to check on them as necessary.

Age:

You confirm that you are at least 18 years of age and understand right from wrong. 

If you are under the age of 18, and wish to have an account with KineoTech you must have a parent/guardian agree to these Terms of Service. For them to agree, use them as the Company Name or Contact Name. Your parent/guardian will be held responsible for your actions.

Payment Policies:

KineoTech follows an advanced payment schedule. Payments are due on the 1st for each month's service. An email reminder is sent when the invoice is created 10 days before the due date. You have 10 calendar days after the due date to pay the invoice by credit card, check, money order, or Paypal. Accounts are automatically suspended if payment is not received within that time period. There is a $25 fee to reactivate a suspended account.

If you are signing up for service after the 1st of the month, you will be charged a prorated amount for the remaining days of the month [monthly expense/total days of month * days left in month]. Your new account will not be activated until KineoTech is in receipt of payment for stated charges.

All monetary transactions are in $US dollars.

Refund Policy:

KineoTech does not offer any refunds or credits.

Account Cancellation:

You may cancel at anytime. To cancel your account, log in to the Customer Service Center (https://clients.kineotech.com) and use the client portal to find the product or service you wish to terminate. 

Indemnification Policy:

You (as the "Customer") agree to use all KineoTech services and facilities at your own risk. KineoTech specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall KineoTech be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold KineoTech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against KineoTech, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KineoTech against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with KineoTech’s server.
• Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
• Copyright infringement
• Any defective products sold to customer from KineoTech’s server.

KineoTech shall be the sole judge of what violates this Policy.

Server abuse policy:

If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing or free email businesses allowed!! We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

SPAM Policy:

KineoTech is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit spam -- any unsolicited commercial email -- from being sent either: over the KineoTech network, by customers or any other users of the KineoTech network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the KineoTech server.

We react very quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a KineoTech email address or website URL is prohibited. The use of KineoTech servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of $500.

Content Policy:

All services provided by KineoTech 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless KineoTech from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all KineoTech servers. This includes sites that may infer sexual content, or links to adult content elsewhere. KineoTech will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to KineoTech servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Online Gambling

KineoTech does not host sites of its competitors or web pages promoting sites of its competitors. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

KineoTech will be the sole arbiter as to what constitutes a violation of this policy.

CGI Scripts Policy:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish; however, we reserve the right to disable any CGI script that effects normal server operation or service to other KineoTech customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. KineoTech is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Chat Policy:

KineoTech does not allow chat rooms. You can, however, use the chat room software that comes pre-installed in your Cpanel account.

Reseller: Client Responsibility:

Resellers are responsible for supporting their clients. KineoTech 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 expected to research resolutions to their client's issues before contacting us. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. KineoTech will hold any reseller responsible for any of their clients actions that violate the law, or the terms of service. 

A reseller who abandons their responsibilities to their clients forfeits ownership of the neglected accounts to KineoTech (to insure continued service to the hosting clients) and those accounts will become the property of KineoTech. Abandonment is defined as lack of being able to contact the reseller, lack of support to his/her clients, and/or non-payment of his/her reseller account.

Our Uptime Commitment:

We aim to provide the quickest and safest service available to you, but we cannot guarantee the server's will always be online, in the case of a server ‘crashing’ or being rebooted, we will quickly investigate, and have the server back online as soon as possible. We will strive to keep your data safe and secure while on our servers. If you are certain an unauthorized user has accessed your data, please contact us and we will investigate it further.

Backups:

Full backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content.

The Cpanel Backup Manager is included in each hosting plan and you can use this tool to backup your files. If loss of data occurs due to an error of KineoTech, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, KineoTech will attempt to recover the data from the most recent archive for a $25.00 fee.