Terms & Conditions

Clients will be held responsible for any actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Kennies Acceptable Use Policy (“AUP”), including SPAM, and all disconnect and reconnect fees associated with violations. Kennies does not harden or enable additional server security software outside of operating system defaults.

An agreement between you and Kennies is outlined below. When using Kennies’ services, you must abide by these terms of service (the “Services”).

Your interaction with both us and our vendors is governed by these Terms of Service. These Terms of Service are subject to modification at any moment, as suitable and required. If we alter these Terms of Service, we will notify you on our website and via email, if we have your current email address. We will do this if we think the change will materially affect how you use the Services. You should stop using the Services if you don’t agree with the modifications to these Terms of Service. You agree to the updated terms if you continue to use any Services after the changes go into effect. It is recommended that you periodically review our Terms of Service.

KENNIES RESPONSIBILITIES

Subject to strict adherence to the AUP and these Terms of Service, Kennies offers to provide services to the client, which are paid for in advance by the client. At its sole discretion, Kennies retains the right to refuse services to any prospective client and/or to refuse the renewal of services to any current client.

Changes to Terms of Service and AUP

Kennies’ Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Kennies. A policy change shall not be grounds for early contract termination or non-payment. The client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions, or other factors. Any increases in rates or fees will be communicated to clients before they become effective on the date of the billing renewal.

NON-PAYMENT/SERVICE INTERRUPTION

Services interrupted for non-payment may be subject to a late fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Kennies. Clients deactivated for non-payment or charge-back are subject to their data being destroyed after a week from the suspension/charge-back date. Kennies is not responsible for data integrity, regardless of circumstance. Kennies strongly recommends keeping up-to-date and off-network backups to protect against data loss.

Refunds/Charge-Backs

No Services rendered by Kennies are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any charge disputes must be reported directly to Kennies within thirty (30) days of the date on which the charge originally occurred. If a charge that Kennies deems legitimate and that our Terms of Service or AUP support is contested to a financial institution through a charge-back, the client consents to pay an “Administrative Fee” on top of the initial amount of funds that was recovered.

SUSPENSIONS

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At this time, a termination fee will be applied to the account which must be paid within 15 days to avoid full account suspension. Kennies assumes no liability for the integrity of the data stored on a suspended server.

Cancellations

Kennies requires a five (5) day notice of cancellation before the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. The server will still be terminated if the notice of cancellation is not given within five (5) days; however, a termination fee will be charged to the account, which needs to be paid within 15 days to prevent the account from being completely suspended.

Fraud

If fraud is found, Kennies has the right to suspend or terminate the fraudulent account immediately, along with any associated accounts. All information available to Kennies about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law in India.

DISCLAIMERS OF LIABILITY; INDEMNIFICATION

The services are offered “as is,” “with all defects,” and “as available.” Regarding the Services, Neither WE NOR OUR SUPPLIERS MAKE ANY IMPLIED OR EXPRESS WARRANTIES OR GUARANTEES. We and our suppliers disclaim any implied warranties that the services are accurate, satisfactory quality, merchandizeable, non-infringing, fit for a specific purpose or need, or both, to the extent that this is permitted by law. It is not guaranteed by us or our suppliers that the outcomes from using the services will be accurate, dependable, efficient, or meet your needs. We make no guarantees as to when or where you will be able to access or use the services (directly or via third-party networks). A WARRANTY IS NOT CREATED BY ANY INFORMATION GIVEN BY A KENNIES REPRESENTATIVE, WHETHER ORAL OR WRITTEN. This contract does not alter any additional consumer rights that you might have under your local laws. Utilizing the Services is at your own risk.

Support

Kennies provides hardware support related to each direct client’s service functioning. Kennies does not offer software support of any kind. Kennies does not provide software support/troubleshooting for the software items chosen from the order form. Kennies only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. Kennies is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by Kennies or the client. Kennies may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system (“OS”) reload per billing cycle; each additional OS reload would cost. Installation of an unsupported OS is subject to the prior approval of Kennies and costs a fee. Kennies does not provide any type of support to the clients of our clients (third-party clients). Kennies will only provide support directly to clients of Kennies.’

Abuse/Spam/Bulk Email Policy

Kennies reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised websites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.

An abuse ticket serves as a notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically, no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam black listings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
Habitual neglect or abuse occurring on a client’s server may lead to service termination or longer-term port filters as some black listings can take several weeks to time out or be removed.

Kennies reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Kennies reserves the right to issue a fine and immediately terminate the service.

At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.

If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or black listings, the client must provide Kennies with an explanation via WHMCS’s ticketing system within 10 days of the abuse ticket being opened.

DMCA Complaints

Kennies handles any Digital Millennium Copyright Act (“DMCA”) complaints very seriously, and will thoroughly investigate each complaint received. Kennies reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

A ticket is opened as a warning, providing 48 hours to resolve the situation.

Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay ‘Research Fees’ that Kennies personnel must spend to investigate the matter, to be charged only if claims are found to be valid.

Bandwidth Usage/Overages

Customers agree to cover any costs associated with bandwidth overages that were incurred on their account during the preceding billing cycle. Costs for exceeding the service’s allocated bandwidth are calculated per gigabyte. Kennies reserves the right to suspend any account that does not pay bandwidth overage charges within 15 days. Kennies is not responsible for spikes in bandwidth that are caused by a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.

Payment Verification

Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Kennies. The identity verification measures may include the faxing of two forms of government-issued identification to Kennies, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances, additional identity verification may be required, in addition to the previously listed forms.

Publicity

Kennies keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. Kennies reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.

Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding the Services (collectively, “Notices”). The email address you gave to us upon registration may be used by us to send you electronic Notices. Regardless of whether you read the notice when you received it or whether you received the delivery, any notice from us is considered delivered when sent by us. By stopping to use the relevant Services, you may revoke your agreement to receive Notices electronically. You need an Internet-enabled computer running an Internet browser on either a Windows or Macintosh operating system, together with a modem that is connected to a communications source (broadband, wireless, or phone line) to receive Notices electronically. To print any Notices, you must have a printer connected to your computer. By selecting the “Terms of Service” link on any website hosting any of the Services, you may obtain an electronic copy and a printable copy of this agreement. For all legal purposes, any contract that is concluded online will be considered to be in writing and enforceable as a signed document.

Entire Agreement

This agreement replaces any prior or contemporaneous written or oral agreements and is the only one between you and us. Additional terms, policies, rules, and guidelines may be found on our website. The remaining portions of these Terms of Service will continue in full force and effect if any part is found to be invalid or unenforceable. The invalid or unenforceable portion will be construed in a way that reflects, as nearly as practicable, the original intentions of the parties by applicable law.

Choice of Law and Location for Resolving Disputes

Without regard to the rules governing conflicts of laws, you agree that the laws of Ghaziabad will apply to this contract and any claims or disputes you may have against us or our suppliers. You also agree that a court in Ghaziabad shall be the only forum for resolving any disagreements or claims you may have against us or our suppliers. Please take note that by accepting these terms of use, you are: (1) waiving any claims you may have against us in the future based on the laws of other jurisdictions, including your own; and (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, NoIDA, for any disputes or conflicts. (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN GHAZIABAD, to settle ANY SUCH DISPUTES OR CLAIMS, RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE, OR THE AGREEMENT.