By purchasing and/or using kwalityhost.com services, you represent that you have read, understand, and agree to all terms and conditions set forth in the TOS, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract.
1. Account Setup
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 of the same domain name that 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 in your Client Area is current or up to date at all times. If you have a domain name registered with kwalityhost.com, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. kwalityhost.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. 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.
2. Account Ownership
The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
3. Account Transfers
kwalityhost.com will endeavour to help you move your site to us, from your present hosting provider. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your signup date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the Support Team with specific details to receive a price quote.
4. Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting account will be subject to IP Justification. Typically, any additional IP Address will be provided only in the case of an SSL certificate installation. However, justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
5. Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. kwalityhost.com is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
6. Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. kwalityhost.com is 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 kwalityhost.com servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by kwalityhost.com.
7. Shared (non-Reseller accounts) Accounts Package Ownership
Shared accounts may not resell web hosting to other individual(s) or organization(s). If you wish to resell hosting, you must use a reseller account.
8. Dedicated Server Accounts Password on File
kwalityhost.com 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 is accurate, to prevent downtime from forced password resets. kwalityhost.com reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
1. Price Change
We reserve the right to change prices listed on kwalityhost.com, and the right to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts or first-time clients only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not again sign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales team and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
1. Payment Terms
You agree to supply appropriate payment for the services received from kwalityhost.com, in advance of the time period during which such services are provided. You agree that until and unless you notify kwalityhost.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done by emailing firstname.lastname@example.org. Once we receive your cancellation request and have confirmed all necessary information with you via e-mail, we will inform you in via email that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. If you do not hear back from our Billing Team within 24 hours, please contact us immediately via phone. We require that cancellations of service are done via email to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of kwalityhost.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify kwalityhost.com of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by kwalityhost.com. kwalityhost.com reserves the right to bill your credit card or billing information on file with us. kwalityhost.com provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a INR 500 late fee and/or will result in an account suspension until account balance has been paid in full. The INR 500 late fee is applied in addition to whatever else is owed to kwalityhost.com for services rendered. Access to the account will not be restored until payment has been received.
It is the client's responsibility to notify our sales team via email at email@example.com after paying for a domain name renewal to ensure the email is received and acted upon. Domain name renewal notices and invoices are provided as a courtesy reminder and kwalityhost.com can not be held responsible for failure to renew a domain name or failure to notify a client about a domain name's renewal.
Subsequently, account/domain name/order renewals are billed and renewed 30 days before the renew date. It is the client's responsibility to notify our sales team via email at firstname.lastname@example.org for any domain name's registration cancellation. No refunds can be given, once a domain name is renewed. All domain name renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and can not be refunded via Paypal. If you require assistance with this provision, please contact email@example.com.
kwalityhost.com reserves the right to change the monthly payment amount and any other charges at anytime.
2. Cancellation and Refund Terms
kwalityhost.com reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. There are no refunds on amount less than Rs 100 or $2.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in either U.S. dollars or Indian Rupees, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and kwalityhost.com is not responsible for any change in exchange rates between time of payment and time of refund.
Clients may cancel at any time by emailing firstname.lastname@example.org. kwalityhost.com gives you an unconditional 30 day money back guarantee on managed shared hosting, VPS and reseller solutions for any client who paid the first invoice.
Cancellations requested after the initial 30 days for Shared, VPS and Reseller accounts will go into effect on the renewal date for that particular hosting account. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 30 day period will be declined.
There are no refunds on Dedicated servers, administrative fees, and install fees for custom software. Refund requests for domain name registrations are subject to policies of the domain name Registrar and may have a nominal fee associated with the deletion request. Contact our sales team at email@example.com to know how much credit can you expect from the domain name deletion. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting account. Eligibility of said refunds will be determined at the time of cancellation.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the TOS will waive the refund policy.
All services provided by kwalityhost.com may only be used for lawful purposes. The laws of India and the Republic of India apply.
The client agrees to indemnify and hold harmless kwalityhost.com 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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org with the information required. If the request is of a licensing issue, we may require further documentation.
While certain attributes of the order/package may consist of unlimited resources, Client recognises that the order/package is a shared hosting service, and that the kwalityhost.com has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the order/package at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this AUP, or incase kwalityhost.com learns of a possibility of breach or violation of this AUP which kwalityhost.com in its sole discretion determines to be appropriate, or to protect the integrity and stability of the kwalityhost.com services, or to avoid any liability, civil or criminal, on the part of kwalityhost.com and/or service providers, or for any other appropriate reason. The Client agrees that kwalityhost.com and service providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of kwalityhost.com and Service Providers, are not liable for loss or damages that may result from any of the above.
Using a shared account as a backup/storage device is not permitted, with the exception of a single cPanel backup of the same account. Do not take backups of your backup.
Examples of unacceptable material on all Shared, VPS and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
kwalityhost.com services, including all related equipment, networks and network devices are provided only for authorized client use. kwalityhost.com systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of kwalityhost.com system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. kwalityhost.com may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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 support ticket/email and will have a response within 48 hours.
Sites hosted on kwalityhost.com's service(s) are regulated only by U.S. laws. Pursuant to Section 230(c) of the US Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. kwalityhost.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like kwalityhost.com and many of kwalityhost.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, kwalityhost.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under kwalityhost.com's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at email@example.com 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.
Reseller Clients: 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 Clients: 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 user name 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.
2. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists 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, phone, postal mail, 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 Address(es) being blacklisted will be immediately suspended and/or terminated.
kwalityhost.com 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.
kwalityhost.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of kwalityhost.com.
3. General Mail Policy
There is a 100 messages per hour per user and/or 300 messages per hour for a domain name limit imposed on sending emails. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Dividing one large list into smaller lists to get below this limit is not allowed.
(2) Mailing Lists Rules
(a) Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 15 seconds (ie. 240 mails an hour, which is below the 300 mails an hour limit). If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Softaculous.
IMPORTANT: If you do not throttle and you try sending 300 emails, the server will try sending all 300 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
(b) The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
Email Scripts must be able to handle and document all information from a double opt-in list. This includes processing opt-outs (via web or email) and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared accounts to a maximum of three hundred (300) emails per hour. If your account is found to be using a script that does not meet these requirements, kwalityhost.com reserves the right to suspend, terminate, or deactivate your script or account.
(c) Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
(d) No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
4. VPS and Dedicated Servers Mail Policy
(1) The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
(2) Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
5. Resource Usage
(1) Shared and Reseller Accounts
Clients may not:
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc.) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and click "Mail" -> "Default Address" -> "Set Default Address", and then type in: :fail: No such user here.
(b) Backup Limit
Any shared account having more that 1000 tables will be removed from our weekly backup server. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
(2) VPS Accounts
Clients may not:
VPS accounts come with a default inode limit of 1,000,000 to better protect the file system. The limit can be increased if there is a legitimate reason to have it increased. To make a request, please email our support team at firstname.lastname@example.org.
(3) Dedicated Server Accounts
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 email@example.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
(4) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting account you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation or suspend the account until more bandwidth is purchased at an additional fee or suspend the account until you upgrade to a higher level of account or terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month can not be carried over to the next month.
Resellers are responsible for supporting their clients. kwalityhost.com 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'. kwalityhost.com will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
If your shared / reseller server has a physical downtime (notwithstanding planned downtimes) that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of kwalityhost.com 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. 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 firstname.lastname@example.org 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.
Client agrees that it shall defend, indemnify, save and hold kwalityhost.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against kwalityhost.com, its agents, its clients, its service providers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assignee. Client agrees to defend, indemnify and hold harmless kwalityhost.com against liabilities arising out of:
1. loss or liability resulting from the unauthorized use or misuse of authentication information;
2. loss or liability resulting from force majeure events;
3. loss or liability resulting from access delays or access interruptions;
4. loss or liability resulting from non-delivery of data or data miss-delivery;
5. loss or liability resulting from errors, omissions, or misstatements in any and all information or kwalityhost.com product(s) provided under this TOS;
6. loss or liability resulting from the interruption of service.
7. loss or liability resulting from any injury to person or property caused by any products sold or otherwise distributed in connection with kwalityhost.com;
8. loss or liability resulting from any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
9. loss or liability resulting from copyright infringement, and
10. loss or liability resulting from any defective products sold to clients from kwalityhost.com's server.
Any Dispute, including any question regarding the existence, validity or termination of the TOS, shall be referred to and finally resolved by arbitration under the rules of the MCA which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be:
1. three (3) arbitrators, if either party, by written notice both to the SIAC and to the other, so requests; or
2. otherwise, one (1) arbitrator,
whose nationality shall be Indian.
The seat, or legal place, of arbitration shall be India. The language to be used in arbitral proceedings shall be English.
This TOS shall be governed by and interpreted and enforced in accordance with the laws of India, applicable therein without reference to rules governing choice of laws. Subject to the "Arbitration" clause, any action relating to this TOS must be brought in a court in India, Rajasthan. kwalityhost.com reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management of the client is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this TOS or the enforcement of any provision of this TOS is brought against either party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
kwalityhost.com may disclose any client information to law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
kwalityhost.com reserves the right to revise its policies at any time without notice.