By registering for an account at Kinsta.com with your email address you are agreeing to the Terms of Service and all other clauses listed herein. If you do not wish to accept these terms you can simply deactivate your account and not continue using it.
The Effective Date of these Terms of Service is the date at which you sign up for an account through our online form.
WHEREAS, Kinsta Ltd (“Host”) operates hardware and software for hosting websites, and has substantial knowledge, experience and expertise in management and maintenance of websites
WHEREAS, Client desires to engage Kinsta Ltd, and Kinsta Ltd desires to be engaged by Client to provide Hosting Services subject to the terms and conditions set forth below
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Kinsta Ltd can make no guarantee that any Client shall be able to access Kinsta Ltd’s server at any given time.
Kinsta Ltd represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and payment of the fees contained herein, Client and Kinsta Ltd agree as follows:
HOSTING SERVICES Kinsta Ltd agrees to provide the Client with access to hardware and software for website hosting and other related hosting services (the “Services” or “Hosting Services”). Kinsta Ltd shall provide the Hosting Services so that the website is accessible to third parties.
Kinsta Ltd shall have the right to terminate this Terms of Service with an immediate effect in writing to the Client if any of the following events occur.
These Terms of Service may be terminated by either party, without cause, at any time, by giving the other party 14 days written notice. Kinsta Ltd will accept termination by support ticket submitted on the Client dashboard (MyKinsta). Any rights to terminate this Terms of Service shall be without prejudice to any other accrued rights and save as set out, no refunds will be made.
Client shall pay by valid payment method for Hosting Services provided by Kinsta at the time of signing up at the fee set forth on the Host’s website. Client’s monthly payments for the Hosting Services, depending on the plan selected by Client, shall be automatically charged to the valid payment method provided by Client at the time of purchase each month.
If Client does not pay the fees by the Due Date, Kinsta Ltd may suspend Client’s ability to use the Services, and may terminate this Terms of Service.
Kinsta Ltd shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Kinsta Hosting’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Client agrees to not use the Service to:
Hosting malware, viruses, or other malicious code (“malicious code”) in connection with the Services, either intentionally or unintentionally, is strictly prohibited. In addition to any other remedies available to Kinsta, intentionally hosting malicious code in connection with the Services shall be cause for immediate termination of the Client’s account and deletion of the malicious code.
Clients who unintentionally host malicious code in connection with the Services shall cooperate with Kinsta to promptly remove the malicious code.
If malicious code is found on a client’s account or otherwise on the Services and is determined to have been migrated to Kinsta unintentionally as part of a website migration performed by the Client, the Client shall be afforded the opportunity to promptly remove the malicious code. If the Client fails to promptly remove the malicious code as directed by Kinsta, the malicious code shall be removed by Kinsta and a $100 malware removal fee shall be charged to Client and paid through Client’s default payment method (including auto payment).
Client warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the Client’s account.
Client shall obtain any and all necessary consents and clearances to enable lawful use to be made of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of Client’s proposed domain name or content on Client’s website.
The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Kinsta Ltd. Kinsta Ltd makes no representations, warranties or assurances that the Client’s equipment will be compatible with the Kinsta Ltd service.
Client expressly agrees that use of Kinsta Ltd’s server is at Client’s sole risk. Neither Kinsta Ltd, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Kinsta Ltd’s server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Kinsta Ltd server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Kinsta Ltd, its offices, agents or anyone else involved in creating, producing or distributing Kinsta Ltd’s server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Kinsta Ltd server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Kinsta Ltd’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Kinsta Ltd’s server service.
In any event no claim shall be brought unless Client has notified Kinsta Ltd of the claim within one year of its arising.
In no event shall Kinsta Ltd be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
In case Kinsta Ltd determines a security breach that has compromised a Client’s account, Kinsta Ltd agrees to notify the Client as soon as reasonably possible but only after they have investigated the breach and fulfilled their legal obligations under applicable law. Client agrees to the same notification obligations should they determine that there has been a breach.
Client agrees that it shall defend, indemnify, save and hold Kinsta Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, (“Liabilities”) asserted against Kinsta Ltd, its agents, its clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Clients, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Kinsta Ltd against Liabilities arising out of:
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Kinsta Ltd has been forced to create its no adult sites policy for its virtual server users.
What does Kinsta Ltd consider “Adult Material”? Examples of adult material include, without limitation, the following:
All accounts in Kinsta Ltd are strictly prohibited in publishing or distributing in any way links or files that are related to files that are provided through file sharing service. Whether lawful or unlawful, Kinsta Ltd reserves the right to determine what is harmful to its Clients, operations or reputation.
The materials appearing on Kinsta Ltd’s website could include technical, typographical, or photographic errors. Kinsta Ltd does not warrant that any of the materials on its website are accurate, complete, or current. Kinsta Ltd may make changes to the materials contained on its website at any time without notice. Kinsta Ltd does not, however, make any commitment to update the materials.
Kinsta Ltd has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kinsta Ltd of the site. Use of any such linked website is at the user’s own risk.
Kinsta Ltd may revise these Terms of Service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Service. Except as expressly provided herein, this Terms of Service, including any other contracts incorporated by reference, may only be amended as agreed by the parties in a written amendment (including by a click-to-accept that is accepted by Client or Authorized User).
The parties further agree that upgrades (e.g. moving up a service plan level), downgrades (e.g. moving down a service plan level), and additional services may be agreed via electronic communication that is acknowledged by authorized representatives for both parties. If one party fails to exercise, or delays exercising, any right, remedy or power set out in this Terms of Service, this shall not operate as a waiver of that right, remedy or power, whether under this Terms of Service or at law or equity.
Except for the payment of fees by Client, if the performance of any part of this Terms of Service by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labour disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
This Terms of Service shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of these courts.
Revisions to this Terms of Service will be applicable to previous Contracts Revisions will be considered agreed to by the Client on renewal of service as specified in Section – Financial Arrangements.
Client may not transfer this Terms of Service without the written consent of Kinsta Ltd.