Terms of Service

Hosting

I. Purpose/Overview:

At The Kilbot Factory we strive to provide the client with high quality website hosting that a successful website needs. The following terms of service are in place to ensure the integrity of all services provided by The Kilbot Factory and are vital to the quality of service that The Kilbot Factory offers each account holder, or any other 3rd party who may access The Kilbot Factory’s network for any authorised purpose.

II. Client Consent to the Terms of Service set Forth:

By requesting an account from The Kilbot Factory or accessing any part of The Kilbot Factory network for any reason, the client act’s as a responsible user who understands the consequences of violating the Terms of Service and agrees to act in accordance with each of the Terms provided below. The client also understands that your continued use of the service constitutes as in agreement to the Terms and Conditions Set Forth. The Kilbot Factory may terminate your account at any time if you fail to comply with these rules.

III. Modifications and Changes:

The Kilbot Factory agrees to make an effort to notify each and every account holder through the primary address on file, The Kilbot Factory reserves the right to modify, update, change and/or revise the Terms of Service at its sole discretion without notice to the client. Unless otherwise stated, changes are in effect upon the posting of such changes. Continued use of The Kilbot Factory services constitutes as acceptance of such change.

IV. Use of Services:

  1. The client agrees to use The Kilbot Factory’s services for lawful purposes only, in compliance with all applicable laws.
  2. The Kilbot Factory accounts are provided for use in conformance with these Terms of Service. The Kilbot Factory reserves the right to investigate of any suspected violations of these Terms of Service. When The Kilbot Factory becomes aware of any possible violations, The Kilbot Factory may initiate the investigation which may include gathering information from the client, any others involved, and the complaining part, if any, and an examination of the material on The Kilbot Factory’s servers.
  3. During an investigation The Kilbot Factory may suspend the account(s) of the client or any others involved and/or remove the material involved from The Kilbot Factory servers. The Kilbot Factory is not responsible in any way for damages resulting. If The Kilbot Factory believes that a violation of the Terms of Service set forth has occurred, The Kilbot Factory may take action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of the material from The Kilbot Factory’s servers. The Kilbot Factory at its sole discretion will determine what action will be taken in response to the violation of the Terms of Service by a case-by-case basis. Violations of the Terms of Service may subject the client to criminal or civil liability.
  4. The Kilbot Factory agrees to perform and provide to the client, services consisting of non-exclusive electronic access to a digital information processing, transmission and storage system to store the client’s website and make the site available on and via the internet as specified herein. The client agrees that the services shall not include any web site development services, authorship, or creation with respect to the client’s website.
  5. The Kilbot Factory shall attempt to provide the services twenty-four hours a day, seven days a week throughout the term of this agreement. The client agrees that from time to time the services may be inaccessible, or inoperable for any reason, without limitation: Equipment Malfunctions, periodic maintenance procedures or repairs which The Kilbot Factory may undertake from time to time, causes beyond The Kilbot Factory’s control which are not reasonably foreseeable by The Kilbot Factory including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or any other failures. The client agrees that The Kilbot Factory has no control of the availability of services on a continuous or uninterrupted basis. The Kilbot Factory strives to maintain a 99.8% network and server uptime service level, a refund may be given if downtime is deemed to be excessive.
  6. Customers shall not receive any refund if the uptime guarantee is not met due to one of the following failures.
    • Circumstances beyond reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God,” strike or any other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supply, or power used in or equipment needed for provision of the Terms of Services.
    • Telco Failure
    • Backbone peering point issues.
    • Scheduled Maintenance for hardware/software upgrades.
    • Hardware/Software Failure.
    • Software bugs/flaws.
    • DNS Issues not within direct control of The Kilbot Factory
    • Network floods, hacks, attacks for an outside party or individuals.
    • Failure or error of any The Kilbot Factory monitoring or measurement system.
  7. Child pornography of any kind is strictly prohibited and will be reported to the authorities if found. The Kilbot Factory reserves the right to determine what violates this policy.
  8. NO-SPAM Policy: The account holder shall not use, nor recklessly or knowingly permit others to use any part of The Kilbot Factory network to send unsolicited messages of any kind, regardless of the content and nature of the messages.
  9. Prohibited Software: The following software is NOT allowed on The Kilbot Factory servers due to a number of issues. The list is not complete or comprehensive, and additional software may be added without notice. In most cases if a user is found to be using prohibited software, a notice will first be sent out. In rare cases, it may not be possibly for a timely notification to be sent out, and immediate suspension may follow.
    A. Ikonboard
    B. YaBB
    C. UBB
  10. Network/Server Abuse through Flooding: Flooding is strictly prohibited on The Kilbot Factory servers. Flooding can be done through numerous ways, and is not limited to, ICMP Flooding, Mail Bombing, Fork Bombing, Mail Mailings, CTCP Flooding, as well as other methods.
  11. Users found to be running programs such as packet sniffers, password crack programs and other similar utilities on their account will be terminated immediately. This also includes any attempts to compromise servers outside of The Kilbot Factory’s network.
  12. Abuse of System Resources: If a user is found to be using an excessive amount of system resources for a large amount of time, the users may be suspended for the well being of other users. This is not limited to, but includes, network bandwidth, hard drive space, memory usage and processor usage.
  13. Unauthorized Daemons are strictly prohibited. An unauthorized daemon is any
    process that continuously runs in the background that has not been started by the Kilbot
    Factory and does NOT have the written consent of The Kilbot Factory to operate. Programs that open listening sockets, whether TCP, UDP, Or Unix are forbidden.
  14. File sharing networks are strictly prohibited due to the close relationship with illegal activities. File sharing/trading/exchange networks include, but are not limited to IRC, Usenet, Kazaa, Gnutella, Bit Torrent.
  15. Bots are strictly forbidden from The Kilbot Factory network. This includes IRC Servers, IRC Bots, proxies, anonymizers and content spiders.

V: Payment Policies.

  1. The client acknowledges, agrees to and assumes full responsibility for making timely payment to The Kilbot Factory. Timely payment includes keeping the account and billing information up to date. It is the client’s responsibilities to notify The Kilbot Factory of any changes in the client’s information.
  2. The Kilbot Factory reserves the right to cancel any client without notice due to non-payment. In the event that the client fails to provide payment The Kilbot Factory reserves the right to charge a lat payment fee.
  3. In the event that a client chooses to cancel service from The Kilbot Factory, the client must cancel through an email to support@kilbot.com.au;
    The following information will be required when cancelling your account.
    A. Your Full Name
    B. Website Address
    C. Website Username
    D. Website Password
    Cancellations must be received 30 days before the next bill is due. In the event that the cancellation comes with less than 30 days before the next bill, the bill will be charged at the FULL rate. In the event that the client has been a client for less than 30 days a full refund will be given. This does not include domain registration fee’s or any other fee’s that may be associated with the account
  4. The Kilbot Factory’s packages and/or pricing may change at any time. However, all clients that have signed up before the price change WILL BE grandfathered in to the old pricing scheme. The price changes will only affect new clients.

VI: Indemnification:

You and your agents agree to defend, indemnify and hold harmless The Kilbot Factory and its Affiliates from and against any and all losses, liabilities, expenses and damages of every kind and nature, known and unknown, suspected and unsuspected, including legal fees and costs, incurred in connection with any claim arising out of, resulting from or relating or in any way connected to your account, breach of these Terms or use of any service, product, information or materials offered or provided by or obtained from The Kilbot Factory or its affiliates.

VII: Disclaimer of Warranties:

Use of The Kilbot Factory’s services and products is at your sole risk and all services, products, information and materials provided by The Kilbot Factory or its directors, officers, employees, agents, vendors, service providers, licensors or other affiliated third parties (collectively, “affiliates”) are provided without warranties of any kind, either express or implied, including without limitation, implied warranties of non-infringement, merchantability or fitness for a particular purpose. The Kilbot Factory does not warrant that its services, products, information or materials are accurate, reliable, correct, virus-free, error-free or will not be interrupted for any reason. Because some jurisdictions do not allow the exclusion of certain warranties, the above exclusions may not apply to you.

VIII: Limitation of Liability:

Under no circumstances shall The Kilbot Factory or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages including, without limitation, damages for loss of use, data, or profits arising out of, resulting from or relating or in any way connected to the use or performance of, or inability to use, any service, product, information or materials offered or provided by or obtained from The Kilbot Factory or its affiliates.

In no event shall the total liability of The Kilbot Factory and its affiliates, collectively, to you for all damages, losses and causes of action, whether the alleged liability is based on contract, tort, negligence, strict liability or on any other basis, exceed the total payments made by you during the twelve months preceding the month in which the alleged liability was incurred, even if The Kilbot Factory has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above limitation and exclusion may not apply to you or may be limited to the extent permitted by law.