Use this document to understand my prices and services.
I don't like surprises any more than you do. An unexpected bill can ruin my whole day. I try to do my best and charge what is standard and fair. Below you will find my Terms of Service. Up-front, you should know I do not give refunds and all sales are FINAL. Any payment for services means you agree with all that is said here unless otherwise disscussed.
These Terms of Service (the “Agreement”) are an agreement between kdb Web Solutions or Kevin D. Bates ("kdbws" or “us” or “our”) and you (“User” or “Visitor” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by kdb Web Solutons and of the kdbwebsolutions.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
A. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
B. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
A. By registering for or using the Services, you represent and warrant that:
B. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. kdb Web Solutions is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the kdb Web Solutions Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
C. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
D. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Some Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact us to receive a price quote. In no event shall kdb Web Solutions be held liable for any lost or missing data or files resulting from a transfer to or from kdb Web Solutions. You are solely responsible for backing up your data in all circumstances. Please consider a customized service package from kdb Web Solutions if you are unsure of your personal confidence with any of these tasks.
A. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to kdb Web Solutions that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to kdb Web Solutions a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, kdb Web Solutions does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
B. kdb Web Solutions exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through kdb Web Solutions computers, network hubs and points of presence or the Internet. kdb Web Solutions does not monitor User Content. However, you acknowledge and agree that kdb Web Solutions may, but is not obligated to, immediately take any corrective action in kdb Web Solutions’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that kdb Web Solutions shall have no liability due to any corrective action that kdb Web Solutions may take.
A. Third Party Providers kdb Web Solutions may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
kdb Web Solutions does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. kdb Web Solutions is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
B. kdb Web Solutions as Reseller or Licensor kdb Web Solutions may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-kdb Web Solutions Products"). kdb Web Solutions shall not be responsible for any changes in the Services that cause any Non-kdb Web Solutions Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-kdb Web Solutions Products, either sold, licensed or provided by kdb Web Solutions to you will not be deemed a breach of kdb Web Solutions's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-kdb Web Solutions Product are limited to those rights extended to you by the manufacturer of such Non-kdb Web Solutions Product. You are entitled to use any Non-kdb Web Solutions Product supplied by kdb Web Solutions only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-kdb Web Solutions Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-kdb Web Solutions Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
C. Third Party Websites The Services may contain links to other websites that are not owned or controlled by kdb Web Solutions ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, kdb Web Solutions also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
A. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. kdb Web Solutions may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, 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. By using the Services, you consent to monitoring for these purposes.
C. 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 requires the express written consent of the third party. kdb Web Solutions may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
D. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by kdb Web Solutions of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, kdb Web Solutions may clean-up your account for an additional fee.
E. kdb Web Solutions reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
kdb Web Solutions is not "HIPAA compliant." You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. kdb Web Solutions does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that kdb Web Solutions is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
A. You agree to cooperate fully with kdb Web Solutions in connection with kdb Web Solutions's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, kdb Web Solutions is not responsible for any delays due to your failure to timely perform your obligations.
B. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by kdb Web Solutions to provide the Services, which may be changed by kdb Web Solutions from time to time in our sole discretion.
C. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. kdb Web Solutions does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
A. Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
B. Autorenewal. Unless otherwise provided, you agree that until and unless you notify kdb Web Solutions of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
C. Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to kdb Web Solutions's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
D. Late Payment. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, kdb Web Solutions may suspend or terminate your account and pursue the collection costs incurred by kdb Web Solutions, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. kdb Web Solutions will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact kdb Web Solutions directly after you make a late payment to reactivate the dedicated server.
E. Domain Payments. It is solely your responsibility to notify kdb Web Solutions’s Billing department via a support ticket created from http://support.kdb Web Solutions.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and kdb Web Solutions is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
F. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. kdb Web Solutions may report any such misuse or fraudulent use, as determined in kdb Web Solutions’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
G. Invoice Disputes. You have ninety (90) days to dispute any charge or payment processed by kdb Web Solutions. If you have any questions concerning a charge on your account, our billing department directly for assistance.
A. Non-refundable Products and Services. There are no refunds period. Please do not ask.
B. Cancellation Process. You may terminate or cancel the Services by giving kdb Web Solutions written notice via an email to email@example.com. In such event: you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
Once we receive your cancellation form and have confirmed all necessary information with you via email, 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 line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." kdb Web Solutions will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation request, please contact us immediately via phone. We require all cancellations to be done through email in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
C. Domains. Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify kdb Web Solutions’s Billing department via a support ticket created from firstname.lastname@example.org to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
D. Foreign Currencies. 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 kdb Web Solutions is not responsible for any change in exchange rates between the time of payment and the time of refund.
E. Termination kdb Web Solutions may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm kdb Web Solutions or others or cause kdb Web Solutions or others to incur liability, as determined by kdb Web Solutions in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, kdb Web Solutions shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, kdb Web Solutions may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.