Terms of Service

Terms of Service

FKwall.com is the hosting service business under FKwall Inc. (FKwall or we hereafter).

This Terms of Service (or this Agreement, hereafter) does not stand alone, it includes and incorporates the following documents

• Know Your Customer (KYC) Identity Verification Policy
• Acceptable Usage Policy
• Privacy Policy

Your payment for an order or continued use of any of our services means that you have read, understood, and agreed to be bound by the Terms of Service. We reserves the right to change or modify any of the terms and conditions contained herein at any time and from time to time in our sole discretion, and to determine whether and when any such changes apply to both existing and future customers. We may make changes or modifications to referenced policies, fees, and guidelines without notice to you. Your continued use of our services following any changes or modifications will constitute your acceptance of such changes or modifications. You agree to receive any updates to the terms by accessing our website.

Customer Support

Any support we may provide to you shall be our sole discretion and once commenced, may be terminated at any time without notice to you and without any liability to us. We will provide reasonable technical support via our ticket system to customers during our normal technical support hours. Notwithstanding any discretionary provision of customer support, we has no contractual obligation beyond maintaining basic server function. We will keep Customer’s Service up and functional, and will address Customer support tickets within a reasonable response time.

Bandwidth Overage

Unless explicitly stated otherwise, going over your allocated bandwidth will result in a service suspension. You are responsible for their service(s), so please ensure that you secure your passwords and server correctly to avoid any overages. Bandwidth either resets on the first day of the month or at the recurring payment date of your service, depending on the specific service. Customer’s service will automatically unsuspend / re-activate once the bandwidth usage is reset.

IP Change / Blacklist

In the event that you receive an IP address that is on a blacklist, you have up to 24 hours from the service provision time to report it to us for a change. Any other IP changes after this initial 24 hour period will result in an IP change fee.

IP Protection Plan

For an annual fee of 19.99 USD, you can purchase our IP Address Protection Plan and have your IP addresses replaced, for free, for unlimited times, when it gets blocked by firewalls.

Customer can purchase IP Protection Plan as an addon to a VPS service.

1. Only services with an equivalent monthly payment greater than 20 USD are qualified;
2. The plan is valid for a year from the date of purchase;
3. Termination of a service also terminates its addon IP Protection Plan.

We reserve the right to deny any IP address replacement requests, if

1. The service expires in less than 15 days;
2. The IP to be replaced was targeted by DDoS attack in 15 days prior to the request;
3. We deem the request is of ill intent, in which case we will proportionally refund the plan’s annual fee.

The replacement IP will be delivered in 15 days and probably much sooner. The replacement IP may be from a different range and may be identified in various Geo-IP databases as from a different region.

Abuse Policy

Customer acknowledges that any prohibited activity as described in our Acceptable Usage Policy may result in immediate cancellation/termination without refund or notice. However, at our discretion, we will generally follow the guidelines below:

• First offense: Customer contacted; abuse report sent — response required within 24 hours or suspension;
• Second offense: Customer’s Service suspended; Customer must contact us to appeal abuse report;
• Third offense: Customer account closed — all Services will be suspended and terminated.

If the abuse report is from a third party we may or may not require system logs or other evidence of the incident. However, we understands that the legitimacy of these reports are sometimes questionable. We urges Customer to respond in a timely manner so that we can assess each case before making a decision regarding Termination or Suspension.

Refund Policy

We offer a full refund for any services requested to be cancelled within 48 hours of provisioning, with exceptions as follows

• Only a customer's first order in a product category may qualify. Refund requests for any subsequent orders are considered case by case at our sole discretion.
• Heavily used services are not refundable. For avoidance of doubt, service that utilizes more than 2% of its allocated bandwidth or 20GB, whichever is smaller, does not qualify.
• Certain fees are not refundable. These include: setup fees, special service fees, payment processing fees, refund processing fees, and other administrative fees.
• Once a service is provisioned, the full amounts of associated setup fees, even if they were discounted or waived when placing the order, can not be refunded.
• No refund in case of abuse.
• Cancelling or terminating a service before requesting a refund disqualifies the service from any potential refunds.Always open a ticket to request refund before cancelling or terminating a service.
• Refund requests raised after the 48-hour-after-provisioning window are considered case by case. Customer agree to forgo any right to refund after the aforementioned 48-hour time window.

Warranty Disclaimer

Except as expressly provided herein, our services are provided on an “as is,” and “as available” basis. We expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose.

We do not offer any service level guarantee. Any damages arising from disruption to or unavailability of our services shall not constitute reasons for customers to seek any compensations or remedies from us.

Indemnification

Customer shall indemnify us, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Terms of Service. You further agree to defend, indemnify and hold us harmless, including our officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that we shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense. All services provided by us to a Customer will be deemed accepted when delivered. In addition, we expect Customers to abide by the policies enclosed in this Agreement and Hong Kong laws as well as any laws within the country in which Customer resides that do not conflict with Hong Kong laws. Basically, Customer assumes all responsibility for their activities, and if such activities result in any loss of money to us or third parties, Customer is responsible for rectifying the situation financially.

Limitation of Liability

Our liability in connection with this Agreement or Services provided shall not exceed the amount paid by customer to us during the three (3) month period before the claim arose. We shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, unforeseeable, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if we hav been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this Agreement, and absent such limitations, we would not enter into this Agreement to provide Services.

Severability

The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Effective Dates

This Agreement becomes effective once you order our Services and shall stay effective as long as you continue to use our Service or have an account with us. Either you or us may terminate this Agreement at any time for any reason with a 30-day advance notice.

We reserve the right to immediately terminate this Agreement by and between any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in our Acceptable Usage Policy.

If any discrepancy between the translated versions and this English version exists, the English version shall prevail.