The use of this Website (www.kosmoscentral.com) is governed by the policies, terms, and conditions set forth below. Please read them carefully as your use of this site, your placement of an order, or your submittable of any purchase order to KosmosCentral, LLC indicates acceptance of these terms and conditions.
You agree to be bound by and accept this agreement as applicable to your purchase of product(s) from www.kosmoscentral.com. These terms and conditions are subject to change without prior written notice at any time, in KosmosCentral LLC sole discretion.
The use of services from Kosmos Central, LLC [hereafter referred to as "Kosmos"] constitutes agreement to these terms.
View our software terms & conditions.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Kosmos will begin billing for hosting services 60 days from the start of a project or upon site launch, whichever comes first, unless other arrangements have been made upon account setup.
The Kosmos transfer team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an
All services provided by Kosmos may only be used for lawful purposes. The laws of the State of Oregon, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Kosmos from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact us with the information required with the following information:
I hereby state that [IP OWNER] is the owner of the exclusive rights referenced above and that I am authorized to act on its behalf. On behalf of [IP OWNER], I hereby state that I have a good faith belief that use of the content in the manner complained of is not authorized by [IP OWNER], its agents, or the law.
I, [NAME], hereby digitally sign this e-mail message under penalty of perjury under the laws of the United States of America with the additional statement under penalty of perjury that the information in the notice is accurate.
If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared, Reseller and Dedicated Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.
Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg’s
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our support department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email (support center login) and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
NOTE: It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Backups and Data Loss
Your use of this service is at your sole risk and backups are your sole responsibility. Kosmos is not responsible for files and/or data residing on your account. Kosmos retains backups and will offer backups to you but does not guarantee this service from failure. This service is provided to you as a courtesy. It is recommended that you keep your own backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Kosmos servers. Backups will not be provided to account holders who have been suspended for breaching the terms outlined on this page. Please see CPANEL BACKUP tutorial to learn how to create and download your own backups.
All Service Cancellations require a 48 hours notice. Kosmos reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via our support center. There are no refunds on dedicated servers, free hosting, administrative fees, install fees for custom software, or domain name purchases.
5a.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities.
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php").
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file on your account will use up one inode.
Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.
6.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
7.) Uptime Guarantee
The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of hosting credit on your account. Approval of the credit is at the discretion of your hosting provider dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. To request a credit, please contact your hosting provider with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared server hosting. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
8.) Dedicated Servers
Kosmos reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Kosmos reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact us if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
9.) Price Change
We reserve the right to change prices listed on kosmoscentral.com, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Kosmos harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Kosmos, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Kosmos against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kosmos; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Kosmos’s server.
By using any Kosmos services, you agree to binding arbitration. If any disputes or claims arise against Kosmos or its subsidiaries, such disputes will be handled by an arbitrator of Kosmos’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Kosmos shall not be responsible for any damages your business may suffer. Kosmos makes no warranties of any kind, expressed or implied for services we provide. Kosmos disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Kosmos and its employees.
12.) Disclosure to law enforcement
Kosmos may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
13.) Email and Spam Policies
14.) Changes to the TOS
Kosmos reserves the right to revise its policies at any time without notice.