Before you register your Kickserv account, you must read and agree to these Kickserv Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement").

Content ("Content") refers to any data, files, or other information being stored in the Application.

Kickserv Inc. reserves the right to update and change these Terms of Service anytime without notice.

These Terms of Service can be reviewed at anytime at http://www.kickserv.com/terms_of_service

  1. Description of Service. Kickserv is an online subscription-based application from Kickserv Inc. (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Kickserv Inc. disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Kickserv Inc. reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. Kickserv Inc. also reserves the right to refuse service to anyone at any time without notice for any reason.

  2. Age requirement. Due to the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service.

  3. Account security. You are responsible for maintaining the confidentiality of your Service username and password, and are responsible for all activities that occur in your account, including the activity of any other account users.

  4. Proper use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. Kickserv Inc. reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

    • (a) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Kickserv Inc.;
    • (b) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights;
    • (c) prevent others from using the Service;
    • (d) use the Service for any illegal, fraudulent or inappropriate purpose;
    • (e) use the Service in a way that mis-represent your identity or the identity of another business;
    • (f) use the Service where one person or identity maintains multiple free accounts;
    • (g) share a user account with multiple people;
  5. Privacy. As a condition to using the Service, you agree to the terms of the Kickserv privacy policy ("Privacy Policy") as it may be updated from time to time. Kickserv Inc. understands that privacy is important to you. You do, however, agree that Kickserv Inc. may monitor or disclose your personal or account information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Privacy Policy. Personal and account information collected by Kickserv Inc. may be stored and processed in the United States or any other country in which Kickserv Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of account information outside of your country.

  6. Advertisements. As consideration for using the Service with a free account, you agree and understand that Kickserv Inc. may display ads and other information adjacent to and related to the content of your account.

  7. Account Inactivity. After a period of 60 days of inactivity, Kickserv Inc. reserves the right to disable or terminate your account. If an account has been deactivated for inactivity, the web site name associated with that account may be given to another account without notice to you.

  8. Termination and Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by canceling you account (click the Settings tab, Account tab, then the cancel account link). Account cancellation is the sole responsibility of the account administrator. Kickserv Inc. may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.

  9. Support. Support is available only to paying accounts and is available only via logging of a support ticket. Phone support is requested through a support ticket. We try to respond rapidly to customer support requests but do not guarantee a specific response time.

  10. Payment and Refunds. A valid Visa, Mastercard, or American Express card is needed to subscribe to a paying account. For paying accounts, the Service is billed on a monthly basis and is non-refundable. Accounts that are more than 30 days past due will be suspended until the balance is paid in full. When you upgrade from a free account, your credit card will be immediately charged pro-rating your first month and billing in full for your next month. When you upgrade or downgrade from a paying account to another paying account, you will be charged the new rate on your next billing cycle. Downgrading may result in the loss of features, security, capacity, and data. Kickserv Inc. cannot be held responsible for this loss. Kickserv Inc. reserves the right to modify its pricing structure at any time with or without notice.

  11. Indemnification. You agree to hold harmless and indemnify Kickserv Inc., and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

  12. Choice of Law and Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in San Francisco County, California, and you consent to the jurisdiction of such courts.