Terms
TERMS OF SERVICE (TOS)
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY KL SERVER STUDIO SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (referred to herein as “Customer”) AND KL SERVER STUDIO (hereinafter “we”, “us”, “our”, “KL Server”, “KL Server Studio”, “KLSERVER.biz” “http://klserver.biz”)
Upon signing up for “KL Server” services, all customers agree to comply with our Terms of Service (TOS). The spirit of this policy is to ensure our customers are using our services with due regard to the rights of other Internet users and in conformity with the requirements of our network environment.
Please note that this agreement is subjected to change and it is Customer’s responsibility to regularly check for modifications.
KL Server is committed to providing services at a standard of excellence commensurate with the best practice in the industry. Network up-time and server availability are of the highest importance. The following service levels are designed to assure our customers of ultimate performance and maximal up-time.
Customer Support
We provide excellent customer support and this include helping customers to manage their servers. Any extra work which is not included in our terms may be billed at KL Server discretion.
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.
Transfer
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not 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 old host.
Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Illegal Use
Our servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.
- This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
- File distribution websites e.g. a website distributing large movies, software or MP3s this material are not allowed.
- 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 abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
- If in doubt regarding the acceptability of your site or service, please contact us at Contact Us page 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.
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. 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.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
We reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
We reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of KL Server.
Payment Information
You agree to supply appropriate payment for the services received from KL Server, in advance of the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. Currently we support payment using bank transfer or cash deposit machine for our bank account at Bank Islam and Maybank (Maybank2u) only.
Cancellations must be done in client area via the http://klserver.biz/system/clientarea.php. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of KL Server, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. We provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in an account suspension until account balance has been paid in full.
We reserves the right to change the monthly payment amount and any other charges at anytime.
Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Our servers. But please make your own backup daily, weekly or monthly.
Cancellations and Refunds
We reserves the right to cancel the account at any time with or without notice.
Our Customers may cancel at any time via “Client Area” page. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution’s. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after the intitial 30 days will be refunded on a prorated basis of any unused time. Refund just eligible when problem are coming from us.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Please note that “Violations of this Terms of Service” will waive the refund policy.
Resource Usage
User may not:
- 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.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes
- Install any self hosted autoresponder script (parabots, autores etc) on shared web hosting account but can on VPS or Dedicated Server.
INODES
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 overusage. Every file on your account uses up 1 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.
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.
Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of KL Server dependant 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.
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.
To request a credit, please contact us at “Contact Us” page with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared/reseller solutions. 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.
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. We does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client.
All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’.
We will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
Shared (non-reseller) Accounts
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on http://klserver.biz, and the right to increase the amount of resources given to plans at any time.
Disclaimer
KL SERVER STUDIO and our team shall not be responsible for any damages your business may suffer.
KL SERVER STUDIO makes no warranties of any kind, expressed or implied for services we provide.
KL SERVER STUDIO 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 KLSERVER.biz and its employees.
Modification
KL SERVER STUDIO reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.
