Terms of Service.

1. Definitions

• “Account” means the user account created to access and use the Services.
• “Acceptable Use Policy” or “AUP” means the policy governing the use of the Services, incorporated herein by reference and available on our Website.
• “Company IP” means the Services, the Website, and any and all intellectual property owned or licensed by the Company, including our name, logos, trademarks, proprietary software, and documentation.
• “Data Processing Addendum” or “DPA” means the agreement governing the processing of Personal Data, incorporated herein by reference and available on our Website.
• “Personal Data” means any information relating to an identified or identifiable natural person, as defined by applicable data protection laws such as the GDPR or CCPA.
• “Privacy Policy” means the policy describing our practices for collecting, using, and disclosing data, incorporated herein by reference and available on our Website.
• “Services” means the virtual machine instances, WordPress hosting, and any related cloud computing resources, tools, and support provided by the Company, as described on our Website.
• “User Content” means any and all data, software, text, images, video, audio, or other materials that you or your end-users upload, store, process, or transmit in connection with your use of the Services.
• “Website” means our website located at KiroNetwork.com and any associated domains or subdomains.

2. Eligibility and Account Registration

2.1. Eligibility. The Services are intended for use by individuals and business entities. You must be at least 18 years of age or the legal age of majority in your jurisdiction to create an Account. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity to this Agreement.

2.2. Account Information. To use the Services, you must create an Account. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated. Providing false or incomplete information may result in the immediate suspension or termination of your Account.

2.3. Account Security. You are solely responsible for safeguarding your Account credentials, including your username and password. You are solely and fully responsible for any and all activities that occur under your Account, whether or not you have authorized such activities. You must notify the Company immediately of any suspected or actual unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3. The Services

3.1. Provision of Services. Subject to the terms of this Agreement, the Company will use reasonable efforts to provide the Services. The specific features, resource allocations, and pricing of the Services are described on our Website and may be subject to change.

3.2. Modification and Discontinuation of Services. We continually strive to improve and evolve our Services. Therefore, we expressly reserve the right to modify, suspend, or discontinue any or all of the Services at any time, for any or no reason, in our sole discretion, and with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

3.3. Restrictions on Resale. You may use the Services for your own personal or commercial purposes. However, you may not directly resell, sublicense, or otherwise make the Services available to any third party as a standalone hosting service without our prior written consent.

4. Acceptable Use Policy (AUP)

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into this Agreement. You agree not to use, or permit others to use, the Services for any activity that violates the AUP. A violation of the AUP will be deemed a material breach of this Agreement. Prohibited activities under the AUP include, but are not limited to:

• 4.1. Illegal, Harmful, or Fraudulent Activities. Using the Services for any purpose that is illegal, fraudulent, infringing, defamatory, or harmful to others. This includes hosting or transmitting content related to child exploitation, promoting violence or hatred, or engaging in phishing or other deceptive practices.
• 4.2. Intellectual Property Infringement. Transmitting, storing, or distributing any material that infringes on the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.
• 4.3. Spam and Unsolicited Communications. Sending, or facilitating the sending of, unsolicited bulk email (spam). All mailing lists operated on the Services must be confirmed double opt-in.
• 4.4. System and Network Abuse. Any activity that threatens the security, integrity, or availability of the Company’s network or the Services. This is strictly prohibited and includes:
  • Cryptocurrency Mining: Using any part of the Services to mine cryptocurrencies (e.g., Bitcoin).
  • Malicious Software: Distributing malware, viruses, worms, Trojan horses, or other harmful or destructive code.
  • Unauthorized Access and Scanning: Attempting to gain unauthorized access to any system or network, or probing, scanning, or testing the vulnerability of a system or network.
  • Denial of Service (DoS): Launching or being the target of any DoS attack, or any other activity that intentionally interferes with the proper functioning of any system.
  • Open Relays and Proxies: Operating open mail relays, open proxies, open recursive DNS servers, Tor exit nodes, or similar network services.
  • Excessive Resource Consumption: Using the Services in a manner that consumes excessive CPU, memory, storage, or network bandwidth, thereby degrading the performance or stability of the Services for other users.
• 4.5. Enforcement. The Company reserves the right, in its sole discretion, to investigate any suspected violation of the AUP. We may, without prior notice, suspend or terminate your Account and remove any User Content if we determine a violation has occurred. We may also report any suspected illegal activity to law enforcement authorities.

5. User Content, Data, and Intellectual Property

5.1. User Content Ownership. As between you and the Company, you retain all right, title, and interest in and to your User Content, including all intellectual property rights therein. We claim no ownership over any of your User Content.

5.2. Our License to User Content. In order for us to provide the Services, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and otherwise use your User Content, but only to the extent necessary for the technical operation, provision, maintenance, security, and improvement of the Services. This license is granted solely for these operational purposes and does not grant us the right to sell your User Content or use it for any other purpose.

5.3. Company Intellectual Property. You acknowledge that all right, title, and interest in and to the Company IP are and shall remain the exclusive property of the Company or its licensors. This Agreement does not grant you any rights to the Company IP, except for the limited right to use the Services as expressly permitted herein.

5.4. Responsibility for Backups. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING YOUR OWN BACKUP COPIES OF ALL USER CONTENT. The Company is not responsible for any loss of User Content. While the Company may perform periodic system-level backups for its own disaster recovery purposes, these backups are not guaranteed, are not intended for your use, and may not be available to restore your specific data. You agree not to use the Services as a primary backup or data repository.

6. Data Privacy and Security

6.1. Privacy Policy and DPA. Your use of the Services is also governed by our Privacy Policy and, where applicable, our Data Processing Addendum (DPA), which are incorporated into this Agreement.

6.2. Data Security. The Company will implement and maintain reasonable and appropriate technical and organizational security measures designed to protect User Content against accidental or unlawful loss, access, or disclosure.

6.3. Data Retention and Deletion. Upon termination or cancellation of your Account, the Company will retain User Content for a period of 30 days (the “Grace Period”). After the Grace Period, the Company will initiate procedures to permanently and securely delete all User Content. This deletion process may take up to 180 days to complete. The Company reserves the right to immediately delete accounts found to be in violation of the AUP or that have been inactive for 90 days.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

8. Limitation of Liability

8.1. Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOST DATA.

8.2. Cap on Liability. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY IS LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims arising out of your User Content, your use of the Services, or your violation of this Agreement.

10. Dispute Resolution, Governing Law, and Jurisdiction

10.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

10.2. Mandatory Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY. Any dispute arising out of this Agreement shall be determined by binding arbitration before one arbitrator.

10.3. Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action.

10.4. Jurisdiction. If a claim proceeds in court, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County.

11. Miscellaneous

11.1. Changes to the Agreement. The Company reserves the right to modify this Agreement at any time. Continued use constitutes acceptance.

11.2. Severability. If any provision is held invalid, the remaining provisions shall not be affected.

11.3. Entire Agreement. This Agreement constitutes the entire understanding between the Company and you.

11.5. Contact Information. For any questions about this Agreement, please contact us at legal@kiro.network. For reports of abuse or violations of the AUP, please contact abuse@kiro.network.