Terms of Service

What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Order submission and usage of our services implies complete agreement with these terms!

Questions?

Any questions regarding this agreement should be sent to our sales department prior to signing up for service.

Terms of Service

Kahuna Host provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using our services.

Resource Usage Policy

The Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using our services. Contact our sales department for any clarifications.

Link: Resource Usage Policy

Domain Registration Agreement

The Domain Registration Agreement is applicable for all domains registered by or transferred to by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

Link: Domain Registration Agreement

Content

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 us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any of our servers. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content

  • Pirated software
  • Bulk Email related products
  • Pornography/Nudity/Adult Content
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Material illegal under United States of America law
  • Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

We will be the sole arbiter as to what constitutes a violation of this provision, and we reserve the right to deactivate and remove any site at any time for any reason without refund!

Copyright Violations

We will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If our system administration team determines that an account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. If our staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; we will do all it can to assist customers prior to this scenario.

We will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Link: Resource Usage Policy

Backups

We perform nightly backups of shared and reseller servers; however, these backups are for our administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on our part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from our servers or using a return email address that is maintained on one of our servers is STRICTLY prohibited. Using SPAM to advertise a site hosted on our network also constitutes as a violation of this provision. We will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Support Abuse

We always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.

Server Abuse

Any attempts to undermine or cause harm to a server or customer is strictly prohibited.

We will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. We will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Money Back Guarantee and Refund Policies

We have a 45 Day Money Back Guarantee period for the following services:

  • Web Hosting

Due to the nature of the product, the Money Back Guarantee does not apply towards the following services and there are no refunds for these products:

  • Domain Name Registrations/Transfers/Renewals

Note that the 45 day period ends exactly 45 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. The Money Back Guarantee is VOID if your account violates our Terms of Service or any of our policies in place. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, WHMCS licenses, etc., are non-refundable.

Outside of the Money Back Guarantee, we have a no refund policy. However, on a case-by-case basis and at our sole discretion, we may award a pro-rated refund to a client.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within our network must adhere to the above policies.

We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

We reserve the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

License

World Wide Web Hosting, LLC is the provider of record of all services mentioned herein and has a license from Kahuna Host to use its mark(s) in providing such services. All agreements are entered into with World Wide Web Hosting, LLC.

Customer Testimonials

Amazing!! thanks so much! I must say you are one of the best customer service teams and Jeff thank you for answering so many of my questions!!

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