Terms of Service

Kevworks, LLC Terms of Service

The following terms and conditions (these “Terms”) govern the provision by Kevworks, LLC (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.”
Our Hosting Services

1. Maximum Hard Disk Space. Customer will be provided with the amount of disk space stated in either their dedicated quote or corresponding plan from http://www.Kevworks.net Disk space and usage are monitored by Kevworks, LLC, when possible quotas are soft and responsible overages should not impair Customer’s ability to access said disk space. Customers are responsible for purchasing additional disk space beyond that detailed in their “Plan” or to remove files in order to bring their usage with their Plan’s limit.

2. Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where Kevworks, LLC is acting solely as Customer’s Host, Kevworks, LLC is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where Kevworks, LLC is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold Kevworks, LLC harmless, defend Kevworks, LLC exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over Kevworks, LLC.

3. Storage, Backups and Internet Link. Kevworks, LLC. shall store Customer’s Web Sites and Email messages on Kevworks, LLC servers. The parties expressly recognize that Internet servers and links are susceptible to crashes and down time. Kevworks, LLC warrants that it shall maintain a consistent link (to the best of it’s abilities), with the Internet, but Kevworks, LLC cannot and does not warrant that it shall maintain a continuous and uninterrupted link. However, Kevworks, LLC does monitor all services on our servers at minimum of 10-minute intervals.

4. Bandwidth. Kevworks, LLC agrees that it shall maintain a 100Mbps connection to each server (from the server to the switch)***. However, Kevworks, LLC does not warrant any response rate or download time beyond it’s control, as this is depending on Customer’s and End Users ISP connections. We do NOT guaranty a set internet speed to your server.*** We do recommend, however, that you take advantage of our “speed and ping” test, prior to placing your order with Kevworks, LLC. If this test result does not meet your acceptable need(s)…please do not place your order with Kevworks, LLC.

Our speed test is located at www.Kevworks.net/speed.bin and a ping test can be run to 67.207.75.2

5. Maintenance. Kevworks, LLC may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, Kevworks, LLC shall provide prior notice where it is reasonably practicable under the circumstances, determined by Kevworks, LLC, and shall restore service as soon as is reasonably practicable, determined by Kevworks, LLC. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond Kevworks, LLC control or which is reasonable in duration. (Reasonable) is to be determined by Kevworks, LLC.

6. Security. The parties expressly recognize that it is impossible to maintain flawless security, but Kevworks, LLC shall take reasonable steps, (determined by Kevworks, LLC), to prevent security breaches in server interactions with Customer and security breaches in Kevworks, LLC server interaction with resources or users outside of any firewall that may be built into Kevworks, LLC server. Specifically, Web traffic is monitored and some activities are prevented by a Server Security Module, incoming and outgoing email if filtered through several means to prevent the transmission of spam, viruses, exploits and Trojan horses. Full system logging and accounting is done with each command and keystroke recorded to external log files. These log files are audited and maintained for 7 days and then destroyed, However, Customer is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders, or accessed by outside parties. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Kevworks, LLC harmless for any compromise of Customer’s security that resulted from their own actions.

7. Privacy. Message and data encryption is possible on Kevworks, LLC, however Customer is solely responsible for encoding its Web Site and Emails to conform with generally accepted encryption standards, and Customer indemnifies and holds Kevworks, LLC harmless for any compromise of Customer’s encryption method.

8. Caching Permitted by Kevworks, LLC’ Customer expressly grants to Kevworks, LLC a license to cache the entirety of Customer’s Web Site and Email in RAM, hard disk space, web site caches, dynamic language caches and database server caches, Customer expressly agrees that such caching is also deemed ``fair use’’ under the United States Copyright Act, and Customer expressly agrees that such caching is not an infringement of any of Customer’s Intellectual Property Rights.

9. Export Control. Customer agrees that its Web Site and Email shall comply with all export, re-export or import laws and regulations of any jurisdiction from which Customer’s Web Site is transmitted or accessed. Customer agrees that it shall obtain written authority from all appropriate governmental bodies, if Customer intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. Customer shall indemnify Kevworks, LLC, hold Kevworks, LLC harmless and provide a defense, (including all legal costs), to Kevworks, LLC for any such compromise or violation of export/re-export/import laws.

10. Software updates and installations. Kevworks, LLC shall perform all system administrative software updates and installations for web servers, email servers, and all related software systems.

11. Refunds: : We always try our best to give our customer(s) outstanding equipment, support and the best pricing for these services on the planet! However, occasionally this is not enough to satisfy all. If you are seeking a refund from Kevworks, LLC, you will need to adhere to the following in order to make this process work for both the customer and Kevworks, LLC

1. Notify Kevworks, LLC with your concern(s), question(s), and complaint(s) in writing (via email). Allow 48 hrs for a response from Kevworks, LLC. If your question(s), concern(s), or complaint(s) are extremely pressing, PLEASE contact Kevworks, LLC directly @(862)266-1083 and ask to speak with Customer Service. If your complaint is regarding bandwidth and speed* we will immediately ask you if you have performed our free speed test and ping test*. By your acceptance of these terms and conditions, you will have agreed to the using of this free testing system to see if our services meet your current needs. If you have not taken advantage of our free speed test and ping test, then you do so at your own volition. Either way, we will NOT refund your first month(s) payment if you decide that bandwidth and speed is an “issue” for you. After all….unlike most web hosting companies, we DO NOT charge a set-up fee and we must pay our staff to build, connect and configure your server(s) and provide support, when you place your order(s) with Kevworks, LLC

2. If you have a question concerning our terms of service…please contact us prior to placing your order(s) with Kevworks, LLC. Whenever you decide to place your order(s) with Kevworks, LLC, please ask the staff (approximate set-up time) for your server. At times, due to heavy ordering and our fantastic pricing, we cannot get equipment delivered fast enough to meet this same demand. If the set-up time does not meet your needs….PLEASE do not place your order(s) with Kevworks, LLC. We are not the Post Office or UPS and sometimes cannot control how fast our vendors get our equipment shipped to us….even when we pay extra for overnight shipping! Therefore, once again, please ask our staff the approximate time for set-up for your order(s). If you have an emergency on your server set-up needs, please speak with our staff and request (1-2) day set-up for an extra charge.* If we( can) accommodate your needs, an additional charge for these special requests, will be passed onto you, the customer, and reflected in your invoicing.

3. If you are requesting a refund for some unknown reason and have not placed your request to Kevworks, LLC either by writing (via email), OR by phone to our customer service department….But, have contacted either your credit card company or paypal directly and placed a complaint,….this may result in a DELAY of your refund. Since both entities will place a HOLD on your money until they investigate your complaint, this takes the refund process “out of the hands” of Kevworks, LLC’s control and may cause a delay on your refund. We ask that you please contact Kevworks, LLC’s customer service department directly @ (862)266-1083 to place your request for a refund.

Pricing: Yes! Kevworks, LLC offers the BEST pricing in the world (in our humble opinion). Please do not contact our staff and ask us “How can we afford to offer such outstanding pricing on our services?” We always assume…that you must be another hosting company seeking “trade secrets” or something like that. Just take a deep breath and take advantage of Kevworks, LLC’s fantastic prices and let it go at that…..OR we can always charge you more money if that is indeed you desire!
Client Responsibilities

By signing the order form, entering into an agreement after a quote, accepting an invoice or taking presence on a Kevworks, LLC server, the Customer hereby agrees to the following:

1. Customer agrees to pay for hosting services rendered in advance of each monthly service term. Lifetime Memberships shall be paid in full, one time plus setup fees and maintenance fees.

2. Server charges will be incurred immediately at signup and are prorated by 0-10 days to allow for server provisioning and delivery.

3. non-Payment of services shall result in service interuption and will be subject to a 24 hour email NOTICE for demand of payment due. If Kevworks, LLC does not receive a response to said Notice, then a termination of service will commence immediately. There will be ($100.00) service fee to reinstate, if the server is still available.

4. In same cases, clients are extended the ability to pay by check, bank draft or money order. One incidence of being 30 days late will require a credit card number to be placed with Kevworks, LLC, on file. This credit card will be charged the full amount at day 45 if payment by other methods, have not been received. All checks must clear payment from your bank in order for reconnection to take place. Failure to receive full payment by day 45 will result in a final, 5 day notice. Customers failing to secure payment within these 5 days will have their accounts removed from shared servers and in the case of dedicated servers, the servers will be powered down.

5. In case of dedicated server plans, the failure to notify us of root password changes when an account is past due, will result in the powering down of those servers without further notice being given.

6. Kevworks, LLC is not responsible for data integrity, nor reimbursement in any form, on equipment reclaimed for non-payment.

7. Customers of Kevworks, LLC, agree to pay all taxes applicable to their account, if their state requires they do so.

8. Customer agrees to adhere to Kevworks, LLC’ Company Acceptable Use Policy (http://kevworks.net/policies/aup.html).

9. Customer agrees not to engage in activity that violates federal (United States), state or local laws applicable to the service terms described herein.

10. Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.
Additional Terms

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

1. Indemnification. Customer agrees to indemnify and hold harmless Company (Kevworks, LLC), and the employees and agents of Company (Kevworks, LLC) (each an “Indemnified Party”) against any losses, legal fees, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

2. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. No fees paid by the Customer to the Company, (Kevworks, LLC) shall be deemed refundable. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

3. Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (ii) five days after being sent, if sent by first class registered mail.

4. Kevworks, LLC shall not be liable for delays or defaults. Kevworks, LLC shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of Kevworks, LLC are due to:

1. Acts of God or of a public enemy.

2. Acts of the United States or any state or political subdivision thereof.

3. Fires, severe weather including but not restricted to wind, water damage, floods, earthquakes, natural disasters, explosions or other catastrophes.

4. Embargoes, epidemics or quarantine restrictions.

6. Delays of supplier or delay of transportation for any reason.

7. Causes beyond the control of Kevworks, LLC (as determined by Kevworks, LLC), in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release pertaining to Kevworks, LLC as an entity, by Client (Customer), for any claim for damages, setoff, discount or other liability on account of delay or other reason(s).

5. Third Party Transactions at Client’s Peril. The parties expressly recognize that Kevworks, LLC does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Kevworks, LLC. Kevworks, LLC does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Kevworks, LLC AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON INFRINGEMENT AND 7) TITLE. Kevworks, LLC shall not be liable TO CLIENT (CUSTOMER) OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation, will be offset by Client’s responsibility to personally indemnify Kevworks, LLC and it’s affiliates from any liabilities, personal or otherwise and will reimburse Kevworks, LLC for total legal costs that may ensue from any legal process therein.

6. Downloading of Data or Files at Client’s Peril. The parties expressly recognize that Kevworks, LLC cannot and does not guarantee or warrant that files available for downloading through Kevworks, LLC will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to Kevworks, LLC for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.

7. Miscellaneous. Failure by either Company (Kevworks, LLC) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Kevworks, LLC

All prices in US$