1. Service Description
Kuva Media™ provides managed WordPress hosting via the hosty.me™ service. Our hosting services are available exclusively for U.S.-based residents and websites.
Hosting Plans
We offer two primary hosting tiers:
- Basecamp Plan
- 25 GB disk space
- Supports up to 400,000 monthly visitors per site
- Skyline Plan
- 35 GB disk space
- Supports up to 800,000 monthly visitors per site
Automatic Updates and Backups
Kuva Media™ provides:
- Automatic daily backups
- Regular updates to plugins and the WordPress platform
Clients may opt out of automatic updates but assume full responsibility for any issues or losses resulting from outdated software.
2. Payment and Billing
- Hosting services are billed on a monthly subscription basis at the rate specified at purchase.
- Payments are auto-renewed monthly unless cancelled by the user.
- A minimum one-month commitment is required for all hosting plans.
- Failure to process payment may result in service suspension or termination.
3. Cancellation and Refunds
- You may cancel your hosting service at any time via your account dashboard or by contacting support.
- No refunds are provided for partial months or unused portions of the service.
Post-Cancellation Options
Upon cancellation or payment failure, you have the following options:
- Website Transfer: Request a ZIP file of your full WordPress website at no additional cost.
- Migration Assistance: We can assist in transferring your website to another provider for a one-time fee.
If no transfer is requested, your website will remain active until the end of the paid period. Data will be stored for an additional 30 days, after which we reserve the right to delete all related data.
4. Service Limitations and Fair Use
- Kuva Media™ may suspend or limit services if usage exceeds the defined resource allocations.
- Prohibited content includes illegal material, spam, malware, or content violating third-party rights.
- We reserve the right to immediately suspend or terminate accounts violating these policies.
5. Data and Backups
- Kuva Media™ performs automated daily backups but does not assume liability for data loss or corruption.
- Clients are responsible for maintaining independent backups of their content.
- Upon account termination, data may become unrecoverable.
6. Cybersecurity and Liability
Kuva Media™ implements industry-standard security measures, including but not limited to:
- Firewalls
- Malware scanning
- Regular system updates
For a comprehensive overview of our security measures and best practices, please refer to our security help article: [Insert link to security help article]
We strongly recommend implementing additional security measures such as:
- Two-factor authentication (2FA)
- Strong passwords
- Regular security monitoring
For more security tips, visit: https://help.kuvamedia.com/hosty-me/hosty-me-by-kuva-media-prioritizing-your-data-privacy-and-security
Client Responsibility
Clients are responsible for the security of their website's content, plugins, and third-party integrations. Kuva Media™ is not liable for vulnerabilities introduced by client-installed themes, plugins, or customizations.
Liability Limitation
Kuva Media™ will not be held liable for data breaches, hacking attempts, or other security incidents resulting in loss or compromise of data, revenue, or reputation. Our liability is limited to the amount paid for hosting services within the last 12 months.
7. Support and Maintenance
- Hosting support includes assistance with server-level issues and infrastructure.
- Upon request to our support team, we provide assistance with small content changes and plugin updates. This includes minor copy changes, image swaps, and similar small updates that are not major changes.
- Support for extensive website content changes, customization, or complex plugin/theme conflicts is not included in the standard hosting package and may require additional fees.
- Advanced technical support is available through paid add-ons or by contacting the Kuva Media™ team.
Support Response Times
We strive to provide timely support based on the urgency of the issue:
- Critical issues (e.g., site down): Within 2 hours
- High priority issues: Within 4 hours
- Normal priority issues: Within 1 business day
8. Service Level Agreement (SLA)
- Kuva Media™ aims to provide a 99.9% uptime guarantee, excluding scheduled maintenance, unforeseen technical issues, or events outside our control.
- Scheduled maintenance will be communicated at least 24 hours in advance when possible.
SLA Compensation
If we fail to meet our 99.9% uptime guarantee in a given month, you may be eligible for account credits:
- 99.0% to 99.9% uptime: 10% of monthly fee credited
- 95.0% to 98.9% uptime: 25% of monthly fee credited
- Less than 95.0% uptime: 50% of monthly fee credited
To claim compensation, contact our support team within 30 days of the affected month.
9. Compliance and Security
- Clients are responsible for ensuring their website complies with all applicable laws, regulations, and industry standards. This includes, but is not limited to:
- Federal and state data protection laws
- Truth in advertising laws and regulations
- Industry-specific regulations (e.g., HIPAA for healthcare, PCI DSS for e-commerce)
- Licensing requirements for professional services (e.g., legal, medical, financial advice)
- Copyright and intellectual property laws
- Clients agree not to engage in activities that compromise the security or performance of the hosting infrastructure.
10. Data Protection
Kuva Media™ is committed to protecting your data and complying with applicable U.S. data protection laws.
Data Handling and Protection
- We collect and process only necessary data to provide our services.
- We implement appropriate technical and organizational measures to secure your data.
- We do not sell or share your personal data with third parties for marketing purposes.
Please note that Kuva Media™ is not GDPR compliant and does not serve non-U.S. clients.
11. Acceptable Use Policy
Prohibited Content and Activities
The following are strictly prohibited on our hosting platform, including, but not limited to:
- Illegal content or activities
- Spam or unsolicited bulk email
- Malware, viruses, or other malicious code
- Content that infringes on intellectual property rights
- Adult content or pornography
- Gambling websites (unless legally authorized)
- Content promoting hate speech or discrimination
Kuva Media™ reserves the right to determine, at its sole discretion, whether any content or activity violates our Acceptable Use Policy.
Reporting Abuse
If you encounter any content or activity that you believe violates our Acceptable Use Policy, please report it immediately to our abuse team:
- Email: abuse@kuvamedia.com
- Phone: [Insert phone number]
- Online form: [Insert link to abuse reporting form]
We take all reports seriously and will investigate promptly. Kuva Media™ reserves the right to remove any content, suspend, or terminate any account found to be in violation of our policies.
Resource Usage Restrictions
- CPU usage should not exceed 25% of server resources for more than 90 seconds
- Each site is limited to 1,000 database queries per second
- Bandwidth usage should remain within the limits specified in your hosting plan
Violation of these restrictions may result in service suspension or termination.
12. Third-Party Services and Integrations
- Clients are responsible for maintaining and securing third-party plugins and themes.
- Kuva Media™ does not provide support for issues arising from third-party services or integrations.
- Use of third-party services may impact website performance or security. Kuva Media™ is not responsible for such impacts.
13. Intellectual Property
- Clients retain ownership of all content hosted on the Kuva Media™ platform.
- By using our services, clients grant Kuva Media™ a limited license to use their content as necessary to provide and improve our services.
- Kuva Media™ retains all rights to its proprietary technology and platforms.
Trademark Usage
Use of Kuva Media™ trademarks, logos, or brand elements requires prior written permission.
14. Modifications to Service
Kuva Media™ reserves the right to modify or discontinue the hosting service with 30 days' notice. Modifications may include changes in pricing, features, resource allocations, or service availability.
If changes materially impact your service, you may cancel your subscription without penalty.
15. Limitation of Liability
Kuva Media™ will not be held liable for indirect, incidental, or consequential damages resulting from the use of our hosting services. Our total liability is limited to the amount you have paid for hosting services within the last 12 months.
16. Indemnification
You agree to indemnify and hold harmless Kuva Media™ and its affiliates from any claims, damages, or expenses arising from your use of the hosting service, violation of these terms, or infringement of third-party rights.
17. Termination
Kuva Media™ reserves the right to terminate your hosting service for breach of these terms, engagement in prohibited activities, or failure to meet payment obligations.
18. Dispute Resolution
In the event of a dispute, we encourage you to contact our support team first. If the issue cannot be resolved, the following steps will be taken:
- Informal negotiation (15 days)
- Mediation with a mutually agreed-upon mediator (30 days)
- Binding arbitration in accordance with the American Arbitration Association rules
19. Force Majeure
Kuva Media™ shall not be liable for failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, or significant internet disruptions.
20. Service Upgrades and Downgrades
- You may upgrade your hosting plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the billing cycle.
- Downgrades can be requested but will only take effect at the start of the next billing cycle.
- Downgrades may result in loss of data or features if your usage exceeds the limits of the new plan.
21. Governing Law
This agreement is governed by and interpreted in accordance with the laws of the State of [insert state], United States, without regard to its conflict of law provisions.
22. Privacy Policy
By using our hosting services, you agree to Kuva Media's Privacy Policy, which can be found at https://kuvamedia.com/privacy-policy.
23. Changes to Terms
Kuva Media™ reserves the right to update these terms and conditions. We will notify you of any significant changes via email or through our website.
By using our hosting services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
Last updated: 10/18/2024