Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using kcbhosting.com (“the Site”) operated by Peak Modifications LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at kcbhosting.com
Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for our platform available at the URL www.kcbhosting.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”, available at www.kcbhosting.com/privacy), incorporated herein by reference.
The Site and any provided products and services are proudly delivered by the Peak Modifications LLC team (hereinafter referred all them collectively referred to as “KCB Hosting”).
The following terminology applies to our Terms, Policy and other guidelines and agreements indicated by us from time to time: “client”, “user”. “you” and “your” refers to you, the person user of this Site and in compliance with our terms and conditions.
The words “ourselves”, “we”, “our” and “us”, refers to us, our shareholders, officers and our parent companies. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer’s needs in respect of the provision of KCB Hosting's stated Services, in accordance with and subject to prevailing applicable laws for our sale of goods.
Henceforth, by accessing this Site, on behalf of yourself or the entity that you represent, you represent and warrant that you have the right, authority, and capacity to enter into both these Terms and our Policy, in accordance with all applicable laws and regulations.
If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. Please, ensure that you read them thoroughly, because, by using KCB Hositng, you consent to these Terms.
Finally, these terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
All services provided by KCB Hosting ("KCB Hosting") 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 or another statute.
The subscriber agrees to indemnify, and hold KCB Hosting harmless from any
claims resulting from the use of service which damages the subscriber or any other
party.
Prohibited are sites that promote any illegal activity or present content that may
be damaging to KCB Hosting' servers, or any other server on the Internet. Links
to such materials are also prohibited.
Examples of unacceptable content, activities, or links:
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY,
ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A
$125.00 USD CANCELLATION FEE WILL APPLY. ADDITIONALLY, KCB Hosting WILL NOTIFY
THE PROPER AUTHORITIES OF YOUR ACTIONS.
Server abuse
Any attempt to undermine or cause harm to a server or customer of KCB Hosting
is strictly prohibited. As our customer, you are responsible for all your accounts.
Should you violate the Terms of Services outlined within, your account will be
canceled without the chance of refund.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of KCB
Hosting must adhere to the above policies, except system resources in respect to
dedicated servers.
Billing
By the Account Activation Date of each month, KCB Hosting shall either:
(1) debit the client's credit card (when such information has been provided by
the client); or
(2) deliver, by e-mail or regular mail, an invoice following the applicable
Service Fees for services rendered for the current month. When an invoice is
delivered to the client, payment shall be remitted to KCB Hosting by no later
than the specified payment due date. KCB Hosting shall be entitled to
immediately terminate this agreement for client's failure to make timely payments.
You will be provided with an invoice every month. All credit cards are billed
automatically per the selected billing cycle. It is the client's responsibility to
ensure that they have sufficient credit to cover this transaction. If there is
insufficient credit, we will send an e-mail notification, at which point we will
need to be provided with another credit card account number within 24 hours. If we
do not receive a response within 24 hours, the account, and all accounts under that
account plan, will be suspended.
Chargebacks, disputes, and claims
Any chargeback, dispute, or claim filed against us will result in an immediate
termination of all products and or services linked to the client's account. To
reactivate terminated services, the client must reimburse KCB Hosting for the
full value of the chargeback, dispute, or claim. Any associated fees KCB
Hosting incurred due to such cases must be paid in full by the client as well as a
$10.00 USD administrative fee.
Money-back & refund policy
We do not provide a refund period. Please reach out to sales if you aren't sure
about what you are purchasing. If you are experiencing difficulties or performance
related issues, these can be addressed. Please reach out to support.
Cancellation refunds
We DO NOT refund partial monthly fees to accounts.
Service Termination
KCB Hosting reserves the right to terminate the service if a service is
suspended to non-payment and 72 hours has elapsed. Additionally, if repeat
violations happen (please reference the list of unacceptable behaviors above),
KCB Hosting reserves the right to terminate a service with no prior notice.
Reselling
Services and products provided by KCB Hosting cannot be resold by the customer.
The customer shall be held liable for any incompliance with our Terms of Service.
The parties who are being resold our services must be informed of our Terms of
Service. We shall only provide support to the account holder. Likewise, any
potential disputes shall be discussed only with the account holder. In the case a
customer refers another customer to us, the refering client may receive a
percentage-based, one-time monetary commision. KCB Hosting holds no
responsibility for accuracy of such affiliate programs. We reserve the right to
change referal bonus percentages at any time and without any notice. All withdrawn
affiliate credits shall be credited to the customer's credit balance.
Limitation of liability
KCB Hosting shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from KCB Hostings'
servers going offline or being unavailable for any reason whatsoever. Furthermore,
KCB Hosting shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption or deletion of
any data from one of KCB Hosting's servers. All damages shall be limited to the
immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be reported to
[email protected]. All complaints will be investigated promptly. Failure to
follow any term or condition will be grounds for immediate account deactivation.
Age restrictions (COPPA)
KCB Hosting encourages parents, legal guardians and responsible adults to be actively
involved in the safe use of the Internet by children and minors. KCB Hosting does not
knowingly provide its Services to persons under the age of eighteen (18). If you are
under such age, you may not access KCB Hosting or our Services under any circumstance,
even under the direct supervision of your parent or legal guardian.
We reserve the right to request any and all applicable proof of identification and consent
proof from our users, at any moment, without prior notice, and at our sole and final discretion.
Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block
or cancel the account, with no liability.
Users are prohibited from providing KCB Hosting with personally identifiable information of persons
under the age of thirteen (13) without the consent of their parents or legal guardians. KCB Hosting
does not knowingly collect any kind of information from any person under the age of thirteen (13),
and will delete any related information thereto. For more information, please read our Policy.
Disclaimer
KCB Hosting cannot be held liable for system downtime, crashes, or data loss.
We cannot be held liable for any predicated estimate of profits which a client would
have gained if their site was functioning. Certain equipment, routing, software, and programming used
by KCB Hosting are not directly owned or written by KCB Hosting. Moreover,
KCB Hosting holds no responsibility for the use of our clients' accounts.
Failure to comply with any terms or conditions will result in the automatic
deactivation of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as KCB Hosting sees
fit.
Account activation
By activating your account with KCB Hosting, you agree to the above policies
and disclaimers. Upon requesting activation of an account, 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 with your account
information.
Server uptime guarantee (SLA)
KCB Hosting guarantees 99.9% service uptime on all hosting plans. Should we
fail to deliver this for any given calendar month, you can request credits to be
applied to your account. Credits applied are calculated based on length of service
interruption, but will never exceed the full billing period. KCB Hosting will
inspect all SLA claims and reserves the right to promptly deny the claim - this
usually happens when the interruption is not directly caused by KCB Hosting's
hardware appliances and or staff members.
Newsletters
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.
Through our newsletter, you may receive information according to your user preferences.
As our user, you will receive a conspicuous communication indicating your subscription thereof,
and you will be able to select the amount and type of emails received by you.
If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication.
Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
NOTICE: If you sign up for an account and fail to comply with
these terms, no refunds will be given. We will, however, advise you by e-mail or
phone before taking any action to provide you with an opportunity to correct the
problem.
KCB Hosting reserves the right to amend any or all of the above policies,
guidelines, and disclaimers without notification. We also retain the right to
increase any pricing and make changes to our account plans without notification.
This also applies to any document related to this Terms of Service including, but
not limited to our Privacy Policy which can be found here:
https://kcbhosting.com/privacy.
Last revised: 5/14/2024
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