Terms of Service
Last Updated 04/12/2010
All services provided by HostKitty Internet Services 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 and other statute. The subscriber agrees to indemnify and hold harmless HostKitty Internet Services. 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 HostKitty Internet Services.' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
beastility
bulk/commercial e-mail
child pornography
hacker programs or archives
IRC, or any form there-of (Hosting), outbound IRC permitted unless revoked for problems.
pirated software
open proxys
torrent dumps
tor servers
warez sites
Traffic Usage:
HostKitty Internet Services. may provide versions of the Service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans. You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, nor represent (in the sole judgment of HostKitty Internet Services.) an overly large burden on the network. In addition, you shall ensure that your use of the Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede HostKitty Internet Services.'s ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.
You further agree to comply with all HostKitty Internet Services. network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future. If your use of the Service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, HostKitty Internet Services. may, at its sole discretion, terminate or suspend your Service account or request that you subscribe to a version of the Service with higher bandwidth usage limitations if you wish to continue to use the Service at higher bandwidth consumption levels.
Server Abuse:
Any attempt to undermine or cause harm to a server or customer of HostKitty Internet Services. is strictly
prohibited.
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 HostKitty Internet Services. must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing:
By the Account Activation Date of each month, HostKitty Internet Services. 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 in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to HostKitty Internet Services. by no later than the specified payment due date. HostKitty Internet Services. shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that 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.
Service Fees:
Certain services carry a set-up fee charged by HostKitty Internet Services. to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to HostKitty Internet Services. and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Refusal of Service:
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability:
HostKitty Internet Services. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostKitty Internet Services.' servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostKitty Internet Services. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostKitty Internet Services.' servers. All damages shall be limited to the immediate termination of service.
Violations:
Violations of these Acceptable Use Policies should be referred to the Abuse Department. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer:
HostKitty Internet Services cannot be held liable for system down time, 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 services provided by HostKitty Internet Services are resold. Thus, certain equipment, routing, software and programming used by HostKitty Internet Services are not directly owned or written by HostKitty Internet Services. Moreover, HostKitty Internet Services 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 HostKitty Internet Services sees fit.
Account Activation:
By activating your account with HostKitty Internet Services., you agree to the above policies and disclaimer. 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. 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 prior to taking any action to provide you with an opportunity to correct the problem.
Cancelations:
Atlanta Georgia: We require notice prior to your service start-date of a cancelation. If you begin service on the 25th of the month we would require notice prior to the 25th of the following month to cancel service.
