Terms of Use and Service Agreement

This Addendum is incorporated into and governed by the Gaviso Terms of Use and Service Agreement.

Last Updated: May 7, 2025

This Addendum governs the provision and use of KineticCloud, the hosting division of Gaviso Digital Marketing, LLC (“Gaviso”), which offers managed WordPress hosting, shared cloud hosting, and virtual private server (VPS) infrastructure. This Addendum is hereby incorporated into the Master Terms of Use and Service Agreement and applies to all clients receiving hosting services through KineticCloud.

1. Scope of Hosting Services

1.1 Hosting Plans. Gaviso offers three primary hosting categories under the KineticCloud brand:

• Managed WordPress Hosting (Basic, Standard, Pro)
• Shared Cloud Hosting (Core, Plus, Max)
• Cloud VPS (XCloud / KineticCloud Pro)

Each plan includes distinct features, resource allocations, and support levels. Your access and entitlements are governed by your selected plan.

1.2 Platform Management. All KineticCloud servers are managed using the Enhance platform. This includes web server management, site provisioning, backups, and server-level security.

1.3 Supported Technologies. KineticCloud is optimized for WordPress-based sites. Compatibility with third-party scripts or CMS platforms is not guaranteed outside of supported plans.

2. Uptime, Backups, and Maintenance

2.1 Uptime Commitment. Gaviso aims to provide 99.9% uptime, excluding scheduled maintenance or events beyond its reasonable control. This uptime is not guaranteed unless explicitly provided in a Service Level Agreement (SLA).

2.2 Backups.

• Managed WordPress Basic: Weekly backups
• Standard: Weekly + security scanning
• Pro: Daily backups with 30-day retention
• Backup restoration requests must be submitted through support and may incur processing time.

2.3 Maintenance. Regular server maintenance may be performed without notice during off-peak hours. Emergency updates may result in brief service interruptions.

3. Resource Usage and Restrictions

3.1 Fair Usage.

You agree not to engage in excessive resource consumption (CPU, bandwidth, storage) inconsistent with typical website operations under your plan.

3.2 Prohibited Activities.

You may not:

• Host spam, malware, or phishing content
• Operate cryptocurrency mining or P2P file-sharing services
• Store backups unrelated to the hosted site
• Resell hosting resources without authorization

3.3 Email Services.

Hosting plans do not include email inbox hosting. SMTP services may be configured via Gaviso’s designated mail servers or third-party providers.

 

4. Domain and DNS Management

4.1 Domain Registrations. Clients may register and renew domain names through Gaviso. All domain renewals occur 30 days prior to expiration to prevent service interruption. You are responsible for keeping billing information current.

4.2 DNS Configuration. DNS records may be managed via Enhance or third-party DNS providers. You are responsible for directing DNS to the appropriate KineticCloud servers.

 

5. Security and Support

5.1 Security Tools. KineticCloud includes firewall protection, malware scanning, and brute force prevention. The Pro tier includes core file integrity monitoring and spam filtering.

5.2 Support Levels. Support is delivered via email within the following timeframes:

• Basic: 48–72 hours
• Standard: 24–48 hours
• Pro: Same-day response + 1 hour of content updates monthly

 

6. Suspension and Termination

6.1 Failure to Pay. Accounts unpaid beyond 7 days after invoice due date may be suspended. Sites may be deleted after 30 days of non-payment.

6.2 Security Violations. Gaviso reserves the right to suspend service if your site poses a threat to server integrity or violates applicable laws.

6.3 Termination and Data Removal. Upon account termination, all associated data may be deleted permanently. It is your responsibility to export and back up site content prior to cancellation.

7. Disclaimers and Limitation of Liability

7.1 As-Is Basis. KineticCloud hosting services are provided “as is.” Gaviso disclaims all warranties regarding uptime, speed, and compatibility with custom scripts or third-party themes/plugins.

7.2 No Data Loss Guarantee. Although backups are performed according to plan level, Gaviso does not guarantee recovery of data in the event of server failure, human error, or malware. Clients are encouraged to maintain their own external backups.

7.3 Limitation of Liability. To the maximum extent permitted by law, Gaviso’s liability under this Addendum is limited to the hosting fees paid in the three (3) months prior to the incident. Gaviso is not liable for business interruption, revenue loss, or website downtime resulting from system outages, updates, or support delays.

7.4 Indemnification. You agree to indemnify and defend Gaviso against any claims resulting from:

• Hosting of illegal or infringing content
• Security breaches resulting from weak passwords or insecure configurations
• Violation of third-party rights through use of the hosted website