Terms of Service
Last Updated: 30/05/2025
Welcome to K&C Systems. These Terms of Service (“Terms”) govern your access to and use of K&C Systems’ website and services, including game server hosting and website hosting (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.
1. Definitions
- “K&C Systems,” “we,” “us,” or “our” refers to K&C Systems, the provider of the Services.
- “User,” “you,” or “your” refers to any individual or entity accessing or using the Services.
- “Services” refers to all products and services provided by K&C Systems, including but not limited to game server hosting, website hosting, associated control panels, support, and other related offerings.
- “Server” refers to a dedicated or virtual machine provided by K&C Systems for the purpose of hosting games or websites.
- “Content” refers to any data, information, files, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, stored, published, displayed, or transmitted by you or your users through the Services.
2. Acceptance of Terms
By registering for, accessing, or using any of our Services, you signify your irrevocable acceptance of these Terms. You also agree to our Privacy Policy and any other policies or guidelines referenced herein. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. Services Provided
3.1 Game Hosting Services
We provide game server hosting services, allowing you to host various online games. Our services include provisioning of server resources (CPU, RAM, storage, bandwidth) as per your chosen plan, access to a control panel, and basic setup assistance for supported games. Specific game support, mod configurations, and resource allocations are detailed on our website or within your service plan.
3.2 Website Hosting Services
We provide website hosting services, enabling you to host websites, web applications, and related content. Our services include provisioning of server resources (CPU, RAM, storage, bandwidth), access to a control panel, and basic environment setup. Specific features like database access, email services, and SSL certificates are dependent on your chosen plan.
3.3 Uptime and Availability
While we strive to provide 98% uptime, we do not guarantee uninterrupted or error-free Services. Service may be unavailable during scheduled maintenance, upgrades, or due to factors outside our reasonable control (e.g., internet outages, DDoS attacks, force majeure events). We will make reasonable efforts to minimize downtime and provide notice for scheduled maintenance.
4. User Responsibilities and Acceptable Use Policy (AUP)
You agree to use the Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. The following activities are strictly prohibited:
- Illegal Content: Hosting, transmitting, or linking to content that is illegal under applicable law, including but not limited to child pornography, terrorist material, or content that infringes on intellectual property rights.
- Harmful Content: Hosting, transmitting, or linking to content that is harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable.
- Spamming: Sending unsolicited bulk email (spam) through our servers or directing spam to websites hosted on our servers.
- Malicious Activities: Engaging in activities such as distributing malware, viruses, worms, Trojan horses, or any other destructive or disruptive code.
- Network Abuse: Any activities that disrupt or interfere with our network, Services, or the services of other users, including but not limited to:
- Distributed Denial of Service (DDoS) attacks or participation in botnets.
- Port scanning or unauthorized network probes.
- Phishing, pharming, or other deceptive practices to obtain sensitive information.
- Excessive resource usage that negatively impacts other users on shared resources.
- Copyright and Trademark Infringement: Hosting or distributing copyrighted material without proper authorization or infringing on trademarks, patents, or other intellectual property rights.
- Proxy/VPN Usage: Operating open proxies or VPNs (unless explicitly allowed and configured securely for specific services).
- Cryptocurrency Mining: Unauthorized cryptocurrency mining on our servers.
- Violation of Third-Party Terms: Using the Services in a manner that violates the terms of service of any third-party game, platform, or service provider.
Failure to comply with this AUP may result in immediate suspension or termination of your Services without refund.
5. Account Management and Security
- Accurate Information: You agree to provide accurate, current, and complete information during registration and keep it updated.
- Account Security: You are responsible for maintaining the confidentiality of your account login information (username, password) and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
- Non-Transferable: Your account and Services are non-transferable.
6. Payment Terms and Billing
- Fees: All fees for Services are set forth on our website and are subject to change upon notice.
- Billing Cycle: Services are billed on a recurring basis (e.g., monthly, quarterly, annually) as per your chosen plan.
- Late Payments: If payment is not received by the due date, we reserve the right to suspend or terminate your Services. A late fee may be applied.
- Refunds: All sales are generally final. Specific refund policies, if any, will be clearly stated at the time of purchase or on a dedicated refund policy page.
- Cancellation: You may cancel your Services at any time through your client area. No refunds will be provided for any unused portion of a billing cycle upon cancellation.
7. Resource Usage
You agree to adhere to the resource limits (CPU, RAM, storage, bandwidth) associated with your chosen service plan. Excessive usage that impacts the performance of other users or our infrastructure may result in warnings, suspension, or requests to upgrade your plan. Specific thresholds are detailed on our service plan pages.
8. Data Backup and Loss
You are solely responsible for backing up your Content. While we may perform routine backups for disaster recovery purposes, we do not guarantee the integrity or availability of these backups. We will not be liable for any loss, corruption, or recovery of your Content. You agree to maintain all necessary backups of your Content.
9. Support
We provide technical support for issues directly related to the availability and functionality of our hosting infrastructure and control panels. Support for specific game configurations, website code, third-party software, or content management systems is generally outside the scope of our standard support, but we may offer assistance as a paid service or on a best-effort basis.
10. Termination and Suspension
- By K&C Systems: We may suspend or terminate your Services immediately without prior notice if you violate any of these Terms, including but not limited to the Acceptable Use Policy, or for non-payment. We reserve the right to remove any Content that we deem, in our sole discretion, to be in violation of these Terms.
- By User: You may terminate your Services at any time by following the cancellation procedures in your client area.
- Effect of Termination: Upon termination, your right to use the Services will immediately cease. We may delete your Content from our servers without liability.
11. Intellectual Property
- Our Content: All content on our website and in our Services, including text, graphics, logos, and software, is the property of K&C Systems or its licensors and is protected by intellectual property laws.
- Your Content: You retain ownership of your Content. By posting, uploading, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute, and display your Content solely for the purpose of providing the Services to you.
12. Disclaimers of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. K&C SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. K&C SYSTEMS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL K&C SYSTEMS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES IS LIMITED TO THE AMOUNT PAID BY YOU TO K&C SYSTEMS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
14. Indemnification
You agree to defend, indemnify, and hold harmless K&C Systems, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Content, any use of the Services’ content, products, and services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of England and Wales / United Kingdom, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Cardiff, Wales, UK in accordance with the rules of the London Court of International Arbitration (LCIA) for the time being in force, which rules are deemed to be incorporated by reference into this clause.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 7 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
17. Force Majeure
Neither party shall be liable for any delay or failure in performance of its obligations under these Terms caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or strikes.
18. Severability
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. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
19. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by K&C Systems on the Services, shall constitute the entire agreement between you and K&C Systems concerning the Services.
20. Contact Us
If you have any questions about these Terms, please contact us at:
K&C Systems
Email: account@kc-systems.org
