KiwiNode Terms of Service (ToS)

Last Updated: February 2026
Company: Kiwy Limited (“Kiwy”, “we”, “our”, or “us”) (NZBN: 9429053406897)
Service: KiwiNode Hosting (“KiwiNode”, “Service”)

By using KiwiNode services, you agree to these Terms of Service (“TOS”), our Acceptable Use Policy (AUP), Privacy Policy, Uptime SLA, and any other applicable agreements. If you do not agree, do not use our services.

1. Introduction & Acceptance of Terms

1.1 Scope

These Terms apply to all users of KiwiNode services.

1.2 Agreement

By accessing or using KiwiNode services, you agree to be bound by these Terms, as well as our Uptime SLA, Privacy Policy, and AUP.

1.3 Continued Use

Continued use of KiwiNode services constitutes acceptance of updated terms.

2. Eligibility & Age Requirements

2.1 Minimum Age

You must be at least 13 years old to use KiwiNode services.

2.2 Contractual Capacity

Users must be 18 years or older to enter binding agreements, purchase paid services, or manage billing. Users aged 13–17 may use the service with explicit parental or guardian consent. Kiwy may request proof of consent.

3. Services Provided

3.1 Available Services

KiwiNode provides the following services:

Minecraft server hosting
Hytale server hosting
KiwiNode game server control panel (https://control.kiwinode.nz)

3.2 Service Modifications

Kiwy may modify, suspend, or discontinue services at its discretion.

3.3 Service Uptime

Uptime commitments are defined in the Service Level Agreement (SLA).

4. Account Responsibilities

4.1 User Obligations

You agree to:

Provide accurate registration and billing information
Maintain account security and confidentiality
Ensure all account activity complies with the AUP and TOS
Use services lawfully

4.2 Account Liability

You are responsible for all actions performed under your account.

5. Payment, Billing & Refunds

5.1 Billing

Services are billed in advance for the selected billing cycle. Failure to pay may result in suspension or termination after a 7-day grace period.
Recurring subscriptions will automatically renew unless canceled via the client area before the next billing cycle. It is your responsibility to manage your subscription and payment details.

5.2 Pricing & Promotions

Service prices, renewal rates, and available promotions may be changed at any time at Kiwy’s discretion. Price changes may apply to new orders, upgrades, and renewals. Where possible, reasonable notice will be provided prior to any renewal price adjustment.

Discount codes, promotional offers, and limited-time pricing may be introduced, modified, or withdrawn at any time without notice. Promotions are not guaranteed to remain available for future billing cycles unless explicitly stated.

Discounts cannot be applied retroactively to previously paid invoices or completed orders.

5.3 Refund Policy

Full refunds (minus payment gateway fees, e.g., PayPal/Stripe) are available within 48 hours of purchase.
Refunds after 48 hours may be issued as store credit at Kiwy’s sole discretion.
Refunds will not be provided for:
- Services suspended due to abuse or TOS violations
- Dedicated IPs, add-ons, or third-party licenses
Kiwy reserves the right to decline any refund request.

5.4 Chargebacks

Unauthorized chargebacks or payment disputes may result in:

Immediate suspension or termination
Irreversible data loss
Permanent bans in certain cases

Kiwy may pursue all available legal remedies for fraudulent or disputed chargebacks.

6. Data Responsibility, Backups & Retention

6.1 User Responsibility

You are responsible for your data, backups, and security.

6.2 KiwiNode Liability

Kiwy does not guarantee data retention or recovery and is not liable for data loss caused by hardware failure, software corruption, suspension/termination, or any other reason.

6.3 Backup Policy

Any backup services are best-effort only and may be incomplete or outdated.

6.4 Data on Terminated Services

Data on terminated or suspended services may be permanently deleted.

7. Acceptable Use & Prohibited Activities

7.1 Compliance

Your use must comply with our AUP.

7.2 Prohibited Activities

Including, but not limited to:

Malware, botnets, or malicious scripts
Spam, bulk email, or SMTP abuse
Unauthorized scanning, brute-force attacks, or penetration testing
Cryptocurrency mining
TOR relays or anonymization networks
DDoS, stress testing, or attack tools
Illegal content (CSAM, terrorism-related, hate material)
High-risk workloads or heavy-load tasks without approval
Network abuse causing complaints

7.3 Resource Abuse

Kiwy may throttle or limit CPU/network usage to protect infrastructure.

8. Abuse Handling, Suspension & Network Mitigation

8.1 Immediate Suspension

Suspension may occur for malware, DDoS, illegal content, high CPU/network abuse, or actions threatening infrastructure.

8.2 Response Cases

Customers may have 24 hours to respond to certain abuse reports before suspension.

8.3 Network Mitigation

Kiwy may temporarily suspend or block network access if a game server impacts other customers. Notification will be provided where possible.

9. Copyright & DMCA Compliance

Kiwy respects copyright law. Complaints can be submitted to [email protected].

10. Changes to Terms

Kiwy may update these TOS at any time. Continued use constitutes acceptance.

11. Governing Law

These TOS are governed by New Zealand law. Disputes will be resolved in New Zealand courts.

12. Contact Information

Email: [email protected]
Website: https://www.kiwinode.nz

13. Service Agreement

Kiwy agrees to provide game hosting services as described on the website. Customers agree to use the services in compliance with TOS and all applicable laws.

14. Account Setup

14.1 Registration Accuracy

Provide accurate and complete information during registration.

14.2 Credential Security

You are responsible for maintaining account confidentiality.

14.3 Suspension for Inaccuracies

Accounts may be suspended or terminated for inaccurate or misleading information.

15. Additional Policies and Agreements

Services are also governed by Privacy Policy, AUP, Refund Policy, and any other applicable agreements.

16. Account Eligibility (Additional Requirements)

Must be 18+ to purchase paid services; guardian-supervised accounts are allowed.
Must provide accurate contact information.
Kiwy may require ID or payment verification for certain purchases.

17. Transfers & Migrations

Migration assistance is offered within 30 days of signup. Customers remain responsible for backups. No guarantee of completeness.

18. KiwiNode Content

All KiwiNode content (text, images, templates) is owned or properly licensed. Unauthorized use is prohibited.

19. User Content

You are responsible for content uploaded, displayed, or transmitted via your account. Kiwy may remove or suspend content violating policies.

20. Compliance with Applicable Law

You agree to comply with all applicable laws, including GDPR where relevant. You are the Data Controller for any personal data stored via our services.

21. Game Hosting Limitations

Performance may vary on shared resources.
Avoid malicious files/plugins.
Heavy-load tasks (e.g., chunk generation) must be pre-approved by support.

22. Support Limitations

Support covers general server, network and game-related issues. Specific configurations are only provided if explicitly stated.

23. Cancellations and Refunds (Additional Terms)

Chargebacks without notice may result in immediate suspension.
Refunds after 48 hours issued as store credit only, if approved.
Cancellations must be submitted via the billing area.

24. Uptime Guarantee

KiwiNode targets 99% uptime. Detailed SLA commitments and remedies apply.

25. Service Level Agreement (SLA) and Credit Policy

SLA applies to network, panel, and DDoS protection incidents. Credits for unscheduled downtime may be requested via support within 7 days of an incident. Maximum credits are 50% of cost paidd for affected services.

26. Affiliate Cashouts

Affiliate payouts are processed within 10–15 business days via the chosen payment method.

27. Support Rules

By opening a ticket, you authorize Kiwy to make necessary changes to resolve the issue unless stated otherwise.

28. Third-Party Checkout

Certain purchases may require third-party checkout. You must agree to their terms.

29. Billing and Auto-Renewals

Subscriptions auto-renew unless canceled before the next billing cycle. Customers are responsible for managing cancellations.

30. Disclaimer of Warranties

Services are provided "as is" and "as available" without warranties of any kind, whether express or implied.