By using our Internet Products & Services, you thus agree and accept the following Agreement:

Kickassd is able to provide clients with unmatched speed, power, and performance only by ensuring that all system policies are enforced.
It is the responsibility of all Kickassd clients to read and abide by our system policies. Below are the policies that all clients acknowledge reading and agreeing to:

THIS AGREEMENT is entered by and between Kickassd and Client (you). 

SECTION 1:0 DOMAIN NAMES

1:1 Kickassd domain name registration policy

When you purchase a domain name (i.e. www.yourname.com) for 12 months, your domain name will renew automatically within 45 days before the domain name expiration date. The current credit card on file will be used to automatically process this renewal unless requested otherwise by the card holder. Your domain name will be automatically renewed at the annual price of $25 regardless of original or past discounts. If your account is NOT in good standing, you will be asked to renew this manually and update your funding source (usually credit card). If you fail to renew your domain name, or do not wish to renew anytime before 29 days after the expiration date, it will expire completely. The domain name will be inaccessible. It will not be able to be registered, transferred or renewed until it is release to the public 84 days after the expiration date (this 84 days includes the 29 days above) . After the 84 day period is reached, your domain name will then be able to be re-registered in your name (assuming no one else has registered it before you). There are no refunds on domain name registrations or renewal purchases. This is due to ICANN’s policy which does not allow a domain name to be deactivated once activation has taken place. 

Note: As long as you’re an active web hosting client within 60 days of the domain name expiration date, we will automatically renew your domain name (still owned by you), even if payment isn’t received on or before the exact domain name expiration due date. This ensures that your domain name stays safe in your name no matter what happens during that period.  If for any reason the domain expires past the 60 day period, a standard redemption fee of $100 will need to be paid in order to reacquire the domain name. So, if for some reason you can’t pay the fee in time, or Kickassd somehow does not renew your domain name on accident per our agreement, we will then pay the $100 redemption fee for you in order to get your domain name back. This is almost unheard of in the industry and is another feature that sets us apart from many other hosting providers and registrars. 

1:2 Domain name auction policy

If your domain name does expire past the 60 days, sometimes it will enter into an auction state where people can bid on the domain name to acquire ownership of it.  If this happens, you can place a bid to attempt to reacquire your past expired domain name.  In the event that you have paid for the domain renewal to Kickassd, but we somehow lost the domain name due to billing software issues, Kickassd will refund the renewal fee paid, and bid on your behalf of “up to” $500 to attempt to reacquire your domain name.  If the bid amount is above $500, and you really need to domain name back, you will be required to pay the difference.  

1:3 3rd party domain name registration policy

If your domain name does expire past the 60 days, sometimes it will enter into an auction state where people can bid on the domain name to acquire ownership of it. If this happens, you can place a bid to attempt to reacquire your past expired domain name. In the event that you have paid for the domain renewal to Kickassd, but we somehow allowed it to enter into auction due to billing software issues, Kickassd will refund the renewal fee to you, and bid on your behalf of “up to” $500 to attempt to reacquire your domain name. If the bid amount is above $500, you will be required to pay the difference

SECTION 2:0 USAGE POLICY

2:1 Appropriate Usage Policy 

1. Kickassd reserves the right to refuse service or cancel existing accounts for any reason at any time. In the event of an account cancellation by Kickassd or the client, Kickassd will not issue a refund. 
2. Kickassd reserves the right to change fees at any time. 
3. Kickassd is not responsible for lost revenue, traffic, or data caused by server down time or failure, domain name transfers, or any other error – mechanical or human. 
4. Clients of Kickassd are forbidden from partaking in an “abusive practice.” The following is a list of current abusive practices. Kickassd reserves the right to add to or modify this list at any time. 

Sending unsolicited commercial e-mail with your account. Also, a violation is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.
Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder.
Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any pre-payment. 

5. Clients of Kickassd are bound to all system policies not specifically listed within this agreement. Violation of any of these system policies will result in an immediate account cancellation without refund or access to hosted files. 
6. This agreement is not assignable or transferable without the express written consent of Kickassd. 
7. Kickassd’s web hosting/server services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. 

The client specifically agrees to indemnify and hold harmless Kickassd from any claim resulting from a breach of these terms, and/or the use of the service which damages another. 

8. This agreement constitutes the entire agreement between the parties hereto. 

2:2 Illegal content Policy

Illegal Content is not allowed on our servers under any circumstances. If anything illegal is found your account you will be warned one time. If it happens again your account will be terminated with no warning. The following items apply: 

• Pirated Software – Any software that is not owned by you or free to the public. 
• Pornography – Any pornographic material. 
• Copyright MP3’s – Any MP3 that is not owned by you or free to the public. You must have written permission to distribute the MP3. 
• Violence – Any content that promotes violence in any way or harm to another person or group/organization.

2:3 Spam / UCE Policy

Recent growth of the Internet has brought about more possibilities for abuse of this new communications medium. Thus, Kickassd has developed the following policies regarding abuse of Internet services. These policies were established to protect you, our client, form Internet harassment and intrusions of privacy. 

“Netiquette” is a term which has come to receive widespread use on the Internet. Netiquette is generally defined as the standards or practices an individual or organization engages in to engender responsible Internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the Internet. 

The Internet has no single governing body. There is no Internet Management to complain to when things go wrong. Every facet of the Internet is overseen by individual organizations (such as Kickassd) whose networks are interconnected to form the Internet. Additionally, every user of the Internet is responsible for his/her own behavior. 

Due to the decentralized system of responsibility, the Internet has managed to retain a sense of “community”. Even though many large, commercial entities have recently come online, most of the information on the Internet is made available through the efforts of Internet citizens around the world who have a desire to simply share information with other people. 

Because the Internet is simply an interconnected set of similar networks, each entity using the Internet assumes some liability for the cost associated with traffic and storage. When the costs of storage space and transmission are all figured together, a single newsgroup posting can cost the collective Internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit e-mail. Therefore, someone using e-mail or news postings for abusive purposes can create a large financial impact on the individual networks involved. 

Aside from the financial costs, individuals who have fallen victim to some sort of Internet abuse have other costs including decreased effectiveness of the Internet. For example, someone besieged by SPAM e-mail (a massive bulk e-mail message to subscribers who did not indicate any desire to receive such e-mail) spends additional time downloading and responding to e-mail which was not requested in the first place. A newsgroup subscriber may see their favorite newsgroup overrun with meaningless off-topic advertisements; thus, obscuring any effective information still remaining in that newsgroup. 

When a Kickassd client performs one of these abusive activities, Kickassd pays the price as well. The additional time Kickassd employees spend responding to complaints could be better spent providing other services. If the name “Kickassd” or domain name “KickAssd.com” appears anywhere in the e-mail headers, we will get complaints. In particularly egregious incidents, angry Internet users have been known to “mail bomb” an ISP by setting up programs to send so much e-mail that the ISP’s mail server crashes thereby denying e-mail access to every client of the ISP. Our system is robust enough to escape most of these types of activities. However, Kickassd cannot escape every undesirable activity. 

Because of the potential consequences of this type of activity, Kickassd disapproves of this type of behavior by its clients. Any Kickassd client who abuses the resources of the Internet in any of the following ways will lose their access to the Kickassd network permanently. This includes: 

1. Excessive posting of e-mail to Internet users who previously have not indicated a desire to receive such e-mail; 
2. Posting messages to multiple Internet newsgroups which are not immediately relevant to the topics of the newsgroups; 
3. Posting advertisements on groups that don’t specifically permit advertising. (How do you know? Watch the group for a while before you post blindly. If other people are advertising openly, then you are pretty safe doing the same. Don’t advertise unless you are sure.) 
4. Illegal advertising on the Kickassd network. 
5. Suspicious software or settings configured on their server or web hosting space. 

There are literally thousands of advertising and marketing resources that are effective and are available for low or no cost. These include classifieds on every one of the thousands of malls on the Internet. This is not to say that advertising on the Internet is not allowed. It simply means that Kickassd reserves the right to cancel the account of any subscriber who advertises inappropriately especially through the use of unsolicited mass mailings and spamming using Kickassd’s Network. 

If the subject of Internet abuse is still unclear, please see one of the following URLs: 

http://marketing.tenagra.com/rfc1855.html 

http://www.vix.com/spam/ 

Any subscriber who violates the SPAM policies of Kickassd will be charged $120.00 per hour for the time it takes to “clean up” the SPAM. This shall include but not be limited to the time required to answer mail from recipients of your SPAM and/or repair any damage to the server due to the “mail bombing” or other actions of the recipients in response to the SPAM. 

Kickassd will turn provide the name and personal information of any person found to be in violation of any laws to the appropriate state and/or federal officials for further legal action.

2:4 Server abuse policy. 

Any attempt to undermine or cause harm to a server, or client is strictly prohibited. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. All accounts and clients using our services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without notice or refund for the remaining months fees.

2:5 Standard User content and usage policy

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 Kickassd that you have all the necessary rights to post or distribute such User Content, and your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Kickassd exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Kickassd’s computers, network hubs and points of presence or the Internet. Kickassd does not monitor User Content. Kickassd also accepts no liability or responsibility of any website content developed or maintained by a 3rd party development company or contractor using 3rd party software.  This is solely the company or contractor’s responsibility to maintain, update, fix or develop.  If you require assistance with any 3rd party code on your website, we can provide these services at an hourly service fee rate.  

2:6 Backups and Data Loss

Your use of the Services is at your sole risk.  Kickassd’s backup service runs every day for 30 days.  It overwrites any of our previous backups after 30 days. Only 30 days of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Kickassd’s sole discretion. Kickassd does not maintain backups of dedicated accounts. Kickassd is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Kickassd’s servers.

2:7 Script and file Usage Policy for Testing and storage

Our servers are not your testing or storage platforms for executable scripts. User accounts are on high end, production servers responsible for maintaining many accounts. Your site space is being provided to display your finished product to the web – NOT for testing or storage purposes. If you are uploading a script to our server, you acknowledge that you have already tested your script elsewhere and that you know how to install the script. Any script that our on duty administrator deems to be potentially threatening, outdated, or unnecessary for the overall performance of our web server will be terminated immediately and your account access will be locked out. When scripts are executed that are potentially harmful to the server in the long term, the offending account will be terminated immediately without a refund of any pre-paid fees. A termination includes the purging of all files. 

Please note the following Script usage policies: 

The script must use low system resources. Scripts that consume a large amount of server memory or CPU power will be subject to termination, and/or additional fee.
Each user account may not use more than 1% of system resources at any given time.
Scripts may not interact with any server configuration or hardware. Users running scripts that interact with any server configuration or any hardware will be subject to immediate cancellation of the user account without refund.
The script can be used and referenced from any site on the Net (i.e. free counters, forum scripts etc.); however, scripts must stay within the allowable usage of our system resources. Users using more resources than a single user account is entitled to use will be assessed additional monthly charges.
The script must be executed in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
Scripts must be secure. Unnecessarily chmoding scripts to 777 is a policy violation.
Placing scripts in a publicly viewable directory (one without an index.html files) is a policy violation.
Any accounts with scripts found in violation of any Kickassd policy are subject to future scrutiny of all scripts by our system administrator. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by Kickassd to kill a script and/or to lock an account will be billed to the account at a rate of $120.00 per hour. Malicious scripts are subject to immediate account cancellation. 

2:8 Bandwidth Usage Policy

The official Kickassd policy is to provide enough monthly bandwidth so that any site using normal resources will be able to perform without a problem. If a site uses over it’s allotment of bandwidth for its type of account, the client will be charged an additional $2.00 per GB over allotment per month. If a site is popular enough that is using more than its bandwidth allotment, then the client is expected to be responsible for higher charges based on the amount of data transfer. The client acknowledges, in advance, that he/she will be charged an additional $2.00 per GB per month if the bandwidth exceeds the allotment for the users account. 

The client will be e-mailed a notice once an additional amount is assessed to the client account. Warnings will not be sent to notify client that the limit has been reached or exceeded. This term and condition is non-negotiable. 

Clients have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner’s account from any other service. 

2:9 Sub-Domains Policy

Sub Domain accounts allow webmasters who own more than one domain to host them using the same resources as their main account. These accounts are NOT to be used as resalable accounts. They will be accessible with the same user name and password as the default account. 

Account holders can have a sub-domain added to their main account instead of purchasing another full virtual account.
Additionally, all FTP/POP accounts, bandwidth, disk space, etc. will use the admin account. These accounts can be setup with domain.com to point to existingdomain.com/domain/.

RESTRICTION: 

A secure FTP directory may NOT be requested for this account. This means that you may not request one of your FTP accounts to log into this second domain; however, you may have a secure directories within the domains. 

SECTION 3:0 ACCOUNT and BILLING

3:1 Account Payment Policy

All clients of Kickassd must abide by all the terms set forth in this and all other policies. Violation of any of these terms can and will result in the immediate termination of an account. 

The billing cycle will begin immediately after the initial payment. Although rare, prices are subject to change in the future, but are guaranteed through the paid billing period. 

PAYMENTS VIA CREDIT CARD. Kickassd is happy to accept payment via Master Card, AMEX, Visa, and Discover card. Usage of a credit card indicates an authorization to cover all future monthly, quarterly, semi-annually, annually, bi-annually, and any other additional fees with the active credit card on file. Credit cards will be charged automatically every billing cycle based on the initial date the transaction was processed. by signing up with Kickassd, you understand that this is a subscription and will auto-charge your credit card on record as long as it is active.   If this is an issue, you need to cancel your account before the due date.   As for security and payments, we do not store your credit card information on our servers.  We use Stripe Payment Gateway which stores your credit card details.  During the order process, we use various fraud prevention methods to protect us, our merchant account, our bank and the client who owns the credit card being used. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Zip Code and Address of the cardholder and requiring the holder to give the AVS code on the back of their card. If a user attempts to obtain our services using a fraudulent credit card, this user’s web hosting/server account will be terminated without warning, we will have the right to place an ‘account suspended’ page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We take credit card fraud very seriously. If you have received a credit card statement with our company name on it, and did not order our services, please Contact us immediately. Your credit card statement will be billed as Kickassd. 

OTHER PAYMENT TYPES. Please understand that we only accept money orders, personal and company checks, and cashiers checks for our clients using our web development services, and our semi and annual web hosting/server packages. 

3:2 Late / Non-payment Policy

Credit cards on file are non usable when any of the following occur: 

1. The card has expired;
   2. The card declines our charges for any reason;
   3. The card is reported lost or stolen;
   4. The card is declared invalid by our processing system. 

If a credit card payment fails, the client will be sent an e-mail with 10 days to rectify the situation either with a new payment method or updating the credit card. The charge will be re-attempted periodically within these 10 days with the last retry being on the 10th day. If the card still does not accept our charge and no other payment has been received by the 10th day, the account will be suspended without exception. The client will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $5.00 will be assessed for reactivation. The reactivation fee is non-negotiable. 

3:3 Past Due Balance of Clients owning multiple accounts Policy

If a client owns more than one account, any prepayment made toward other accounts will be used to cover the outstanding debt of the current delinquent accounts. 

3:4 Delinquent Policy

Kickassd considers an account to be “delinquent” if no payment has been made after the 10 day grace period. the account will be suspended immediately on the 10th day and the account will remain suspended until payment is made. This policy applies to all payment methods. This policy is nonnegotiable. 

3:5 Cancellation Policy

If for any reason you are not satisfied with our services, please let us know. We build our services around making managed, and self managed website hosting simple for the client and want you to be satisfied.

The preferred, and correct way to cancel a service with Kickassd is to submit a cancellation request using our client billing area at https://go.KickAssd.com.  If for any reason the billing system is not operating correctly you may submit a ticket at https://support.KickAssd.com or send create a ticket by sending an email to support@KickAssd.com.  This manual request must contain the following details for a successful cancellation to be processed:

• Account domain name
• Billing Account email address
• Billing Account Full Name
• Cancellation request
• Reason for cancellation
  
  

If the client does not cancel properly using the above instructions, Kickassd will continue to process your subscription using the active credit card, or ACH information on record indefinitely.

When an “immediate” type of cancellation request is made, the technical department will immediately remove all files and terminate the hosting account.  If you’re transferring away, please ensure your website is backed up, and pointing to the new server successfully before requesting account cancellation!  If this has not been done, we are not responsible for any downtime, or lost website files or assets. 

If you request an “end of billing” type of cancellation, your account will be active until the billing period is up.  At that point your account will be cancelled and terminated. 

3:6 Hosting Account Transfer Policy

If for any reason you want to transfer your website to another web hosting provider, it is the sole responsibility of the client, or 3rd party web host provider to transfer your website’s files, databases, and/or email to the 3rd party web host provider’s server.  We will answer any questions and provide the client and/or the 3rd party web host provider all the necessary login information to make the transfer possible.  However, if you would still like Kickassd to Transfer your website, its files, databases, and/or email, there will be a fee required to be paid to Kickassd before the transfer occurs.  This fee amount will be determined by Kickassd which is dependant upon the amount of work required to complete the transfer. 

3:7 Refund Policy

All refunds will be made in full if cancellation is made within 7 days of the order of new service. All of our web hosting products are also refundable on a prorated basis if cancelled after 7 days of new service or renewal. This does not include domain names and/or website development services. Refunds may not be given in the event of over usage or abuse of our company resources after the due date; including but not limited to additional server resources and excessive use of our support team (to be determined by Kickassd).

All services rendered to date will be billed and must be paid. Refunds will only be given for unused service time.  Refunds are not issued for payments previously made under a different terms & agreement and/or company.

All Refunds are only valid from the date of the official cancellation request.  

DISPUTES: It is the responsibility of the client to cancel and/or ask for any refunds.  If at anytime a client of Kickassd submits an erroneous, or premature fraudulent dispute on their credit card transaction with their bank (without contacting us first for a refund) we have the right to bill said client for any fines or fees that have been imposed upon us.  If you do not pay this fee, we will report the client to billing collections. 

3:8 Billing records policy

You can submit billing information changes to Kickassd using our client billing area at https://KickAssd.com/go/client_area.php  Or you can email us with the changes at support@staging.KickAssd.com

Periodically it may become necessary to contact the client if billing information is not up to date. If their information provided to us is not current (ie. email addresses, phone numbers), it may lead to clients failing to receive notices. The client is responsible for keeping all records current at all times. This mainly applies to general contact information. (especially the user’s main email address)

Kickassd is not responsible for actions that are taken as a result of client’s failure to respond to Kickassd notifications. 

END OF TERMS

If you have any questions regarding our policies or services, please contact us.

 Full Care Plan Terms & Conditions

• The Care Plan (also known as a Maintenance Plan) is a month-to-month contract for Kickassd to provide ongoing services for your website. Ongoing maintenance of your website for backups, updates, licenses, support, security and any edits is crucial to your website’s success.  Do to the nature of technology and content management systems, monitoring these aspects is a necessity. Cancel any time after 3 months–  plans are typically month to month (you do pre-pay each month’s service).  However, some agreements may require an upfront fee or a special contract depending on the scale of the project or tasks involved. 

What does the Care Plan cover?

Hosting & Domain Name.  Your website will be hosted on Kickassd’s cloud servers so that it can be delivered to users across the world. Our servers are some of the fastest in the industry and have 99.9% uptime. Domain registration and renewal costs are also included in your care package for one domain name that represents the primary Care Plan account. Domains are typically registered and renewed annually. The domain name is in your name and is owned by you at all times that you are on the care plan.  If you wish to cancel the care plan, the domain name will be unlocked, and the transfer codes will be sent to you.

Security. Like any software, your website could be vulnerable to hackers and viruses. Our premium security platforms help protect your site against attacks that can infect destroy your website. This paired with off-site backups is the best plan you can have in place to ensure your website is secure. If anything were to happen, the backups will have your site back up and running in no time.

Website & Database Backups. Included in your care plan are scheduled backups- so you never lose a thing. Technology is fickle some times, but should anything go wrong, we can have your site back up and running in minutes.

Software Updates. Most content management systems (CMS), especially open-sourced software like WordPress, are frequently updated for functionality and security. While these updates happen sporadically, Kickassd will download and install updates once a week (excluding crucial security updates, which will be installed as they become available).  Updates will include any 3rd party plugins, themes, software or applications.

Licenses. Your site likely uses 3rd party plugins that are licensed to Kickassd via a GPL license which allows us to use our professional licenses on your site. With our Care Plan you can retain the use of our licenses to ensure all updates to any of our plugins. If you choose to forgo a Care Plan, the licenses for these plugins will be removed from your website but you will retain the functionality of the plugins up to the date the license was removed. You can acquire your own license for any of these plugins by directly buying from the vendor. For more information on what plugins we provide, and where they can be purchased, please email sales@KickAssd.com. It’s possible not ALL of your licenses will be covered under your Care Plan. If Kickassd has purchased a license that is for your use only we will inform you of what the renewal fees will be (otherwise assume we have it all covered!). 

Analytics. Our Care Plan members will receive access to a Google Analytics dashboard. Or the Care Plan Member can use their own. Google Analytics allow you to track the usage of your website including visits, page views, demographics, traffic acquisition, and much more.

Google Properties. Your website will be added to Google Properties so we can monitor, and fix any issues with your site that Google sees.

Website Updates and fixes. It is likely that as time goes by you will want to make changes to your website. Kickassd’s Care Plan members will receive 2 to 8 separate “15-Minute-Tasks” (depending on your plan) every month. This could include copy changes, edits to photographs, bugfixes, or any other website change that can be done in 15 minutes or less. Any request that goes beyond this will be billed at a discounted rate of $15 per 15 minute task.  For non care plan customers using our basic hosting it is billed at $30 / 15 minute task. 

Website Redo. After 2 consecutive years of being on our Fully Managed Care Plans, you have the option to Completely redo your website’s design. This gives you a constant fresh look for your visitors and is completely included in your Care Plan at no extra charge.

What the Base Care Plan does NOT cover.

• Care Plan members receive a discounted rate for any work that goes above and beyond what is included in their package.  This is explained above under Website Updates and fixes.
• Care plans do not include any creation of ads, or flyers.  These items will be billed at our rates above under Website Updates and fixes. 
• The Care Plan does not cover any major social media management, directory listings (such as Google, Yahoo, Yelp, etc).  This is up to you to manage. We can setup a separate work order and quote for this if needed.
• The Care Plan does not cover ongoing Search Engine Optimization monitoring and strategy. We can setup a separate work order and quote for this if needed.

Payment Agreement

Your Care Plan invoice will be automatically issued on the same day every month. The invoice due upon receipt. After 15 days of non-payment you will receive a notice of past-due invoice. After 30 days your hosting account will be shut down and you will have an additional 30 days to ask for a backup of your site. In order to restore service, you will have to get current on all bills, and setup automatic drafts for each month’s bill. After 90 days late payment you will no longer be eligible for a Care Plan and we will not be required to provide you with a backup of your site. You can request a backup at any time. 

Termination of Services

Your Care Plan is a month-to-month agreement, in the event that you terminate services you will have two options.

1.   Request, in writing, a copy of your entire website backup so that you can store it safely. You will lose your hosting, security, plugin/software licenses, and your website will no longer receive any backups, updates, or monitoring from Kickassd Web Design. If at any point in the future you want to resume your Care Plan you will be quoted with our current rate(s) and you will be assessed a $100 activation fee to resume services.
2.   Request that Kickassd archives your project at $15 per month. This will take your website offline, but we will retain a backup copy and will waive any activation fee to resume services in the future.

Terms of Service

Last updated: Nov 4, 2024 9:34 AM

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://www.KickAssd.com website (the “Website”) operated by KickAssd, a(n) Limited Liability Company formed in Ohio, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer services and digital products on this Website. The price of these services and digital products is 50 per month. This price does not include taxes or other fees that you may be charged.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, bank transfer, check, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a partial refund of the purchase price that you paid if you cancel your purchase.

We do not reserve the right to cancel your purchase.

Refund policy

We offer refunds on purchases made of the services and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 10 days of your purchase date by contacting us. We offer refunds on any purchases made of the services and digital products offered on our Website for any reason.

No warranty on purchases

The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be price reduction. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 year or 1 month depending on what the user chooses..

We do not offer the option to revoke your subscription shortly after making your purchase.

There is no minimum purchase required to qualify for the subscription.

Automatic renewals of subscriptions

When you purchase a subscription on the Website, your subscription will automatically renew each year or each month depending on what the user chooses.. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via the following means:

• Email – support@KickAssd.com;
• Through the Website.

Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.

The cancellation of the automatic renewal of your subscription will become effective immediately upon you contacting us.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Website.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate KickAssd or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall KickAssd be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if KickAssd has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, KickAssd IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF KickAssd WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO KickAssd IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF KickAssd. The aggregate liability of KickAssd arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by KickAssd from you.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2006 – 2024 KickAssd or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of KickAssd and are either registered trademarks, trademarks or otherwise protected intellectual property of KickAssd or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Ben Wade at support@KickAssd.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

KickAssd
Ben Wade
support@KickAssd.com


United States

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Hamilton County, Ohio.

You and KickAssd agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at support@KickAssd.com.