Terms of
Service

Please read and understand these policies, which are designed to protect the best interests of all our customers.

1. Terms and Conditions

These Terms govern the conditions and procedures under which KDATACENTER provides services to the User. They also define the rights and obligations of both KDATACENTER and the User.

1) General Terms and Conditions

(1) KDATACENTER Rights and Responsibilities

KDATACENTER does not guarantee that its services, personnel, or affiliated resources will be entirely error-free or will not cause unintentional damage.

KDATACENTER is not responsible for damages caused by possible service downtime. KDATACENTER is also not responsible for maintenance or delivery delays resulting from third-party services or other circumstances beyond its control.

If delivery is postponed due to external causes, the User may request that the next payment date be adjusted accordingly. KDATACENTER reserves the right to require an upgrade to any service when it deems the upgrade necessary.

This measure is intended to maintain service stability and fair performance for users of neighboring services.

(2) User Rights and Responsibilities

The User agrees to these Terms of Service. If the User does not agree to comply with them, the User must not use any service provided by KDATACENTER. The involvement of a third party does not excuse any abusive act or omission. The User remains liable for all actions carried out using resources purchased or temporarily leased by the User.

(3) User Non-Compliance

If the User fails to comply with these Terms of Service, KDATACENTER may act at its sole discretion to restore compliance. If KDATACENTER becomes aware of illegal activity, it will contact the appropriate law enforcement authorities.

2) Conclusion of Contract

The contract is concluded through the process outlined below.

Payment by the User constitutes agreement to these Terms and Conditions.

The contract is concluded when KDATACENTER confirms payment. Available payment methods include PayPal, Alipay, credit cards, Bitcoin, and others.

Payment process: (1) Login -> (2) Inquiry -> (3) Invoice -> (4) Payment

After payment, KDATACENTER may require the User to submit a separate written application and/or supporting documents, such as a business license or ID.

3) Payment Verification

The User must provide accurate personal information, including an email address, when registering at www.kdatacenter.com.

Inaccurate personal information may cause a service to be suspended. The service may be restored after the information is corrected. No refund will be issued for a suspension caused by inaccurate information.

KDATACENTER will send notices to the email address provided by the User during registration. If the User does not respond to up to three notices within seven [7] days, the service will be suspended. If there is still no response within three [3] additional days, the service will be terminated and all data deleted.

The User is responsible for backing up data. KDATACENTER is not responsible for any resulting data loss.

4) Suspension, Cancellation and Refunds

(1) Suspension

KDATACENTER reserves the right to suspend a service without prior notice in the following cases:

- Failure to pay by the due date.

- Network failure caused by a DDoS attack or poor server management.

- Use of the service to provide illegal services.

A suspended service may be restored in the following cases:

- The outstanding payment has been completed.

- The service has been upgraded to an option that provides the required DDoS protection.

- KDATACENTER staff have confirmed that the cause of the network failure has been resolved.

Unless the cause of suspension is resolved within seven (7) days, the service will be terminated. The associated IP addresses and data will then be deleted and cannot be restored.

(2) Limitations

A. For services with limited bandwidth, rate limiting will be applied when traffic reaches 110% of the bandwidth allowance. User traffic may be suspended when usage reaches 120%.

To restore suspended traffic, the User must add bandwidth or upgrade to a higher-tier service. The activation date of the upgraded bandwidth or service will become the new service start date.

B. User traffic may be limited if excessive network traffic appears likely to affect other services.

C. If a large volume of attack traffic originates from a particular country, KDATACENTER may limit incoming traffic from that country.

(3) Refunds

A. Servers

Applications for a refund may be submitted within three [3] days of the activation date, with the activation date counted as day one.

If a refund is requested after three days, the amount of traffic used and the installation fee (VPS: $5 / Dedicated Server: $45) will be deducted.

When KDATACENTER issues a refund, the service is immediately terminated and all data is deleted. The User is responsible for backing up data. KDATACENTER is not responsible for any resulting data loss.

Payments made using Account Credit are non-refundable unless otherwise specified.

Annual VPS services may be refunded within 30 days of payment. The refund will be prorated after deducting the installation fee and the amount corresponding to the service days used.

After 30 days of service use, refunds for annual VPS services can only be issued as Account Credit.

Annual Dedicated Server services may be refunded within five days of the payment date, with the installation fee deducted. No refund is permitted after five days.

B. CDN Service

Applications for a refund may be submitted within three [3] days of the activation date, with the activation date counted as day one.

Refunds for CDN services are subject to a $50 installation fee.

C. DDoS Protection Service

DDoS Protection services are non-refundable by default.

However, refunds in the form of Account Credit are possible under the following conditions:

If a refund request is made within three (3) days after activation, the refund will be issued as Account Credit after deducting a $50 installation fee and service usage fees.

If a refund request is made more than three (3) days after activation, no refund will be provided under any circumstances.

D. Add-ons

The refund policy for add-on services follows the same guidelines as the server service refund policy.

DDoS Protection add-on services are non-refundable in cash. However, if a refund request is made within three (3) days after activation, a refund will be issued as Account Credit after deducting a $50 installation fee and service usage fees.

No refund will be provided more than three (3) days after activation under any circumstances.

(4) Cancellations

KDATACENTER requires notice of cancellation at least seven (7) days before the billing renewal date for the upcoming billing cycle. Cancellation requests must be submitted through the ticket system.

The service will be terminated and all data deleted immediately after cancellation. The User is responsible for backing up data. KDATACENTER is not responsible for any resulting data loss.

5) Support

KDATACENTER provides hardware support directly related to the operation of each service purchased by the User.

KDATACENTER does not provide software support or troubleshooting for software selected on the order form. KDATACENTER only ensures the correct default installation of software selected on the order form and assumes no liability for its configuration.

KDATACENTER is not responsible for downtime associated with the incorrect configuration of an operating system kernel or any software, whether installed by KDATACENTER or the User.

KDATACENTER may provide enhanced software support, including kernel configuration, for an additional fee. Contact the KDATACENTER sales team for pricing.

Each User is eligible for one [1] complimentary operating system (OS) reload per billing cycle. Contact the KDATACENTER sales team for pricing for additional OS reloads.

The installation of software not supported by KDATACENTER must be approved in advance. Contact the KDATACENTER sales team for information about installation fees.

KDATACENTER does not provide support to third-party users of the User. Support is provided directly to the KDATACENTER User only.

6) Legal Violations

KDATACENTER may monitor the User account and how it is used, but is under no obligation to do so, to determine whether the User and all associated users comply with this agreement.

KDATACENTER reserves the right to suspend or immediately terminate the User account without notice if:

A. KDATACENTER believes that use of the Service may violate any law;

B. KDATACENTER believes that the User or an associated user has breached this agreement;

C. KDATACENTER believes that use of the Service may compromise or adversely affect its systems or networks, the systems or networks of the Service Provider, or the Service Provider suspends or terminates the account.

D. If KDATACENTER believes that use of the Service may violate any law, it may notify the relevant authorities and provide information that appears appropriate under the circumstances.

The User agrees not to bring a claim against the Service Provider or KDATACENTER for any action reasonably taken under these Terms and agrees to indemnify the Service Provider and KDATACENTER against any related claim brought by an associated user.

7) Disclaimer

KDATACENTER is not responsible for any damages that a business operated by the User may suffer.

KDATACENTER makes no warranties of any kind, express or implied, for the services it provides.

KDATACENTER disclaims any warranty of merchantability or fitness for a particular purpose.

This disclaimer includes loss of data resulting from delays, non-delivery, misdelivery, and any service interruption caused by KDATACENTER or its employees.