The Best in Dedicated Servers.

KVC, agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).

Use of KVC Services constitutes acceptance and agreement to both KVC's TOS (Terms of Service) and KVC's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by KVC shall not be grounds for early contract termination or non-payment by the Subscriber.

1. Term:

Ongoing until thirty days written notice is given by either of the parties.

2. Service Cancellation:

A. KVC does not issue refunds except for balances on quarterly and annual payments as specified below.

B. Service may be cancelled with 30 days by sending cancellation requests must be on company letterhead to the attention of "KVC Billing" and signed by the billing contact on record with KVC and include the KVC customer name and server IP address.

C. All annual plans can be cancelled with the standard 30 days notice. Subscriber will be refunded the difference between what the Subscriber has paid and what the Subscriber would have paid under the KVC monthly payment terms, including any setup fees that would have applied.

3. Fees:

A. KVC does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.

B. Monthly fees and charges for extra metered services are automatically billed to your account on the monthly anniversary of the start of service. Subscriber is responsible for monitoring transfer, bandwidth utilization, and other metered services.

C. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with KVC.

D. Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. Charge attempts are made once per day. If a charge attempt is denied, there will be a $9.99 declined credit card fee for each unsuccessful attempt. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be terminated pending customer response. Customers may reactivate their accounts within 3 business days after termination for a $49.99 fee.

E. Customers paying by PayPal, bank transfer or check must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by check. There is a $500.00 minimum transaction amount on all bank transfer transactions. Custom billing requests will incur a $24.99 fee. Returned checks will result in termination of service and will incur a $50.00 returned check charge, in addition to any service reestablishment fees applicable in order to reconnect terminated service.

F. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 1% per month will be charged on any overdue invoices

G. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. KVC does not issue refunds or credits except as explicitly specified within the Terms of Service.

4. Adherence to Acceptable Use Policy (AUP):

A. Subscriber agrees not to allow KVC equipment and services to be used for activities specifically prohibited by the KVC Acceptable Use Policy (AUP). It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.

Subscribers must not allow KVC resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.

B. Subscriber agrees to compensate KVC for any expenses KVC may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.

C. Subscriber is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. KVC will endeavor to assist Subscriber but KVC is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's server.

D. KVC does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

E. KVC does not issue refunds for terminating service due to suspected AUP violations.

5. Ownership of Data, Software, Hardware and IP addresses:

All software, hardware and IP addresses provided by KVC are leased to the Subscriber and remain the property of KVC. KVC reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. KVC will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

6. Service Levels:

A. KVC may interrupt service to perform maintenance. KVC will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, KVC will provide its best efforts to repair the system as quickly as possible.

B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to KVC. In the event that KVC suspects that server security has been breached, KVC reserves the right to disable the server in order to facilitate investigation and recovery in coordination with Subscriber.

C. Subscriber agrees that KVC shall not be responsible for any service interruptions.

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