Terms of Service

These Terms form an agreement between Dapper Fox Group Ltd, trading as Kinetic Hosting (company number 11439987), and the person or organisation that creates an account or orders a service. In these Terms, “Kinetic,” “we,” “us” and “our” mean Kinetic Hosting; “you” and “your” mean the account holder or customer.

These Terms apply to Kinetic accounts and hosting services. Your order, our Service Level Agreement (“SLA”), Privacy Policy and any product-specific terms also form part of the agreement. If documents conflict, the order of priority is: your order confirmation, product-specific terms, these Terms, then the SLA, except that mandatory law always takes priority.

A contract begins when we accept your order or activate the service, whichever occurs first. If you order for an organisation, you confirm that you have authority to bind it. Nothing in these Terms limits rights that cannot lawfully be limited, including mandatory consumer rights.

You must be at least 18 and able to enter into a binding contract, or a parent or legal guardian must create and be responsible for the account and contract. You must not use the services where doing so would be unlawful or where you are legally barred from receiving them.

You must provide accurate account and billing information, keep it current, protect your password and multi-factor authentication methods, and promptly tell us about suspected unauthorised access. You are responsible for authorised users and sub-users on your account, including the permissions you give them. We remain responsible for our own acts and omissions and for obligations that the law places on us.

We will provide the service described at checkout and in your order confirmation with reasonable care and skill. Performance depends on the selected package, location, game or software, customer configuration, network conditions and third-party software.

You are responsible for:

• configuring and using the service lawfully and within the purchased resource limits;
• the content, software, users and activity you place on or permit through the service;
• keeping your software, plugins and credentials appropriately secured;
• maintaining independent copies of important data; and
• complying with applicable game, software and platform licences or EULAs.

You are entitled to use all of the RAM, CPU, storage, bandwidth and other resources included in your purchased package. Using 100% of an advertised or allocated resource is not, by itself, excessive use or a breach of these Terms. We will not require you to upgrade merely because you make full legitimate use of resources you have paid for.

Included backup features are an additional recovery aid, not a substitute for your own backups. We do not guarantee that every backup will complete successfully or restore every file, although this does not exclude responsibility where it would be unlawful to do so.

Prices, billing intervals, currency and applicable taxes are shown before checkout. You authorise us and our payment providers to charge the selected payment method for the initial order and, where recurring billing is enabled, each renewal until cancellation. Exchange rates and payment-provider charges may affect the amount shown by your bank.

We will provide a renewal reminder before a recurring service renews. You are responsible for keeping payment details current. If we change a recurring price, we will give reasonable advance notice before the new price applies. You may cancel before that renewal if you do not accept the new price.

If payment is overdue, we may suspend the affected service after giving notice. The normal grace period is seven days following suspension. If the amount remains unpaid when that period ends, we may terminate the service and delete its live data. We may allow more time, but doing so once does not require us to do so again.

If you are a UK consumer buying online, you may have a statutory right to cancel a service contract within 14 days after the contract is made. Similar mandatory rights may apply in other countries. If you expressly ask us to begin providing a service during a statutory cancellation period, we may charge a proportionate amount for service supplied before you cancel where the law permits. If the service has been fully performed after the required request and acknowledgement, the statutory cancellation right may end. We will provide any mandatory cancellation information separately during or after checkout.

In addition to statutory rights, Kinetic offers a voluntary full refund on an eligible hosting service requested within seven days after its initial payment or renewal payment. Request it through a billing ticket. This voluntary promise does not apply to a dedicated IP address, a lifetime package, or an amount already refunded, but those exclusions do not remove any statutory right or remedy.

Services must meet their description and be supplied with reasonable care and skill. If they do not, consumers may have statutory rights to repeat performance, a price reduction, cancellation, refund or other remedy. We will assess service problems reasonably using the available evidence; statutory remedies are not at our sole discretion.

Refunds are normally returned through the original payment method. Purchases funded by a gift card are refunded as account credit unless the law requires otherwise. We may request information reasonably needed to identify the payment and prevent fraud.

Cancel a hosting subscription through the Request Cancellation function in the billing panel. A refund request must be made separately through a billing ticket. Cancellation ends the affected service on the selected cancellation date and does not automatically close your Kinetic account.

Export important data before cancellation. When a service ends, its server data is removed from live systems and cannot normally be restored. Residual copies may remain in protected emergency backups for up to 30 days before automatic deletion. Account closure must be requested separately or completed using available account controls. Limited invoice, transaction, security or legal records may remain where explained in our Privacy Policy.

Please contact our billing team first if you do not recognise or dispute a charge. If a chargeback or payment reversal is opened, we may suspend the affected services while we investigate and may provide relevant order and usage evidence to the payment provider. We may terminate an account for fraudulent or repeatedly abusive disputes, but a chargeback does not automatically establish wrongdoing. Undisputed amounts remain payable.

You must not use, attempt to use, or allow the services to be used for:

• activity, content or transactions that are unlawful in an applicable jurisdiction;
• child sexual abuse material, exploitation, credible threats or non-consensual intimate material;
• malware, phishing, botnets, credential theft, fraud or unauthorised access;
• DDoS attacks, deliberate network disruption, scanning or attacks against other systems;
• spam or abusive bulk messaging;
• infringing intellectual-property rights after you know or reasonably should know of the infringement;
• bypassing RAM, CPU, storage, bandwidth, network or other package limits;
• files or workloads unrelated to the normal purpose of the purchased hosting service where they materially consume shared resources;
• software intended to harm other services, servers or users; or
• adult material in an environment directed at or knowingly shared with minors.

Game-server products must run workloads reasonably connected with the hosted game or an expressly supported use. Dedicated, VPS or web products must not host illegal activity. Resource usage is not excessive merely because you use the full allocation included with your package. We will only treat usage as a concern where it exceeds or bypasses a stated limit, uses a resource that is not included in the package, involves prohibited activity, or causes harm through an attack, exploit or deliberately abusive workload. Where practical, we will explain the specific concern and offer a reasonable opportunity to correct it. An upgrade may be offered as an option, but legitimate use within paid limits does not require one.

You must comply with the applicable game terms, EULAs and software licences. We may decline support or require removal of software that violates those rules, including unauthorised or “cracked” game-server software. We will normally provide a warning and an opportunity to correct the issue unless immediate action is reasonably necessary to address legal, security or infrastructure risk.

Third-party games, mods, plugins and integrations are not controlled by Kinetic. We do not promise that they will remain available, compatible or error-free, and support may be limited to our hosting platform. We remain responsible for the Kinetic service itself and for duties that cannot lawfully be excluded.

Support is available through our ticket system and the supported Discord or live-chat channels. We aim to respond to tickets within 24 hours, but complex matters may take longer and this target is not a guaranteed resolution time unless an applicable order or SLA says otherwise.

Customers and staff must communicate without threats, harassment or targeted abuse. We may move, merge or rate-limit duplicate or excessive requests and may restrict a channel where it is being abused. Where reasonably possible, we will warn you first. Even where a support channel is restricted, we will maintain a reasonable route for essential billing, cancellation, security and privacy matters. Credible threats or serious abuse may justify immediate restriction, suspension or referral to authorities.

We may suspend or terminate an affected service for a material breach of these Terms, non-payment, fraud, unlawful activity, serious or repeated resource abuse, a credible security risk, a legal requirement, or conduct that threatens people or infrastructure. For an ordinary remediable breach, we will normally explain the issue and give you a reasonable opportunity to correct it.

We may act without advance notice where reasonably necessary to contain an active attack, prevent harm, comply with law, preserve evidence or protect other customers. We will explain the action afterwards where lawful and reasonably practicable. Suspension should be limited to the affected service where that is sufficient.

If we discontinue a paid service for reasons unrelated to your breach, we will provide reasonable notice where possible and refund the unused prepaid portion, unless an equivalent replacement is accepted. Giveaways may be withdrawn on reasonable notice and do not create an entitlement to a cash refund.

Hosting services can experience maintenance, faults, attacks and events outside reasonable control. Planned and emergency maintenance may temporarily affect availability. The SLA explains what counts as qualifying downtime, exclusions, claim procedures and available service credit. SLA credit is an additional contractual remedy and does not remove a consumer remedy that must be available by law.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of a liability that cannot lawfully be excluded, or mandatory consumer rights.

Consumers: We are responsible for loss or damage that is a foreseeable result of our breach of these Terms or failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable, for business loss suffered by a consumer, or for loss caused by your breach, configuration, software or failure to keep a reasonable independent backup, except where the law says otherwise.

Business customers: To the fullest extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, revenue, business, anticipated savings or goodwill. Subject to the first paragraph of this section, our total aggregate liability arising from the affected service in any 12-month period is limited to the fees you paid for that service during that period. This cap does not reduce an express SLA credit or refund that is due.

You retain ownership of your content. You give us a limited permission to host, copy, transmit, back up and otherwise process it only as needed to provide, secure and support the service or comply with law. You confirm that you have the rights required to upload and use that content.

We provide infrastructure and do not routinely operate or moderate customer communities. Customers are responsible for their community and user-generated content. This does not remove any legal duty that applies directly to Kinetic. We may preserve, restrict or remove content, suspend a service, or report activity where reasonably necessary after a valid legal notice or where we become aware of apparently illegal activity or a serious risk of harm.

We may disclose information or provide access when legally required by a court, regulator or competent authority. We will notify you beforehand where lawful and practicable; where advance notice is prohibited, we may notify you later if permitted. Our handling of personal information is described in the Privacy Policy.

“Lifetime” means the operational lifetime of the relevant Kinetic product or Kinetic Hosting, not the lifetime of the customer. It does not promise perpetual operation. We may discontinue a lifetime package if Kinetic closes or the product can no longer reasonably be provided. Where practicable, we will give reasonable notice. The voluntary refund promise in section 5 excludes lifetime packages, but statutory rights remain unaffected.

Affiliates must not use browser extensions, scripts, redirects, hidden actions or other methods to overwrite or manipulate referral attribution without the user's clear knowledge. They must not facilitate unauthorised commissions and must clearly disclose an action that will replace existing referral attribution. We may investigate suspected manipulation, withhold disputed commissions during the investigation, and suspend or terminate an affiliate for a material or repeated breach. Affected affiliates may provide relevant evidence before a final forfeiture decision where doing so would not compromise fraud prevention.

Neither party is responsible for delay or failure caused by an event it could not reasonably control, including widespread network failure, natural disaster, war, civil emergency, government action, labour disruption, or a third-party infrastructure failure, provided the affected party takes reasonable steps to reduce the impact. This section does not excuse payment already due or remove rights that cannot lawfully be excluded.

We may update these Terms to reflect legal or regulatory changes, security needs, new features, provider requirements or reasonable changes to our services. We will give reasonable advance notice of a material change by email, account notice or dashboard announcement. A change will not retrospectively remove an accrued right.

If a material change significantly disadvantages an existing fixed-term customer, that customer may cancel the affected service before the change takes effect and receive a proportionate refund of unused prepaid fees, unless the change is required by law or is necessary to address an urgent security risk.

Please raise complaints through our ticket system so we have an opportunity to resolve them. These Terms are governed by the laws of England and Wales. If you are a consumer, this choice does not deprive you of mandatory protections in your home jurisdiction, and you may bring proceedings in any court available to you under applicable consumer law. Otherwise, the courts of England and Wales have exclusive jurisdiction.

If a provision is unlawful or unenforceable, it will be adjusted or removed only to the minimum extent necessary; the remaining provisions continue. A delay in enforcing a right is not a waiver. You may not transfer the agreement without our written approval. We may transfer it as part of a genuine sale, restructuring or transfer of the relevant business, provided this does not reduce consumer rights.

Provisions concerning payment, ownership, liability, legal claims and any provision that by its nature should continue will survive termination. These Terms and the documents incorporated in section 1 form the agreement concerning the service and do not exclude a statement or remedy that cannot lawfully be excluded.

Questions about these Terms can be sent through the billing ticket system or to contact@kinetichosting.com.