1) Backup and Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Kding Host Internet Services 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 Kding Host servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Kding Host Internet Services.
2) Uptime Guarantee
Approval of any credit is at the discretion of Kding Host 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 support@Kding Host.com.de with proper justification. All requests must be made in writing via email. The 99% up time guarantee only applies to shared/reseller solutions. Dedicated and VPS 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.
3) Resource Usage Limits
VPS accounts may not:
a) exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
b) use I/O intensive applications which adversely affect normal server operations.
Shared/Reseller accounts may not:
a) Use 25% or more of system resources for longer then 90 seconds.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run cron entries with intervals of less than 15 minutes.
4) 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 space being blacklisted will be immediately suspended and/or terminated.
Kding Host 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.
Kding Host 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 Kding Host.
5) 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.
6) Money back Guarantee
On VPS no full refund will be honored -- the 24 hour money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Each of Kding Host's shared and reseller servers carry a 24 hour money back guarantee on them. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. This is down to us if we agree with your reasoning and if we can fix the issue then a refund will not be issued. Kding Host will not activate new orders or activate new packages for customers who have an outstanding balance with Kding Host. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Kding Host in writing.
7) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Kding Host 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'. Kding Host will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. A $15 administrative charge may be applied to unsuspend a Reseller account if there is abuse under account.
8) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Kding Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Kding Host , 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 Kding Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kding Host ; (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 Kding Host 's server.
9)Prohibition of Offensive Behavior
Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice. Subscribers may not make comments on online social networking, blogs, forums or any online media websites, that we deem to be inproper, unfair or discourteous to the effort made my Kding Host's employees. Your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
10) Disclaimer
Kding Host shall not be responsible for any damages your business may suffer. Kding Host makes no warranties of any kind, expressed or implied for services we provide.Kding Host 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 Kding Host and its employees.
11) AUP
You shall use Kding Host 's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of The United Kingdom or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless Kding Host from any claims resulting from the use of the service which damages you or any other party.
Kding Host reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether Kding Host is the appropriate service provider for you:
Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
DoS Source - Source of Denial of Service Attack
Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public
HYIP - Hosting or Linking to a High Yield Investment Program Website
Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
Phishing - Identity Theft by Email Under False Pretense
Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
Spam Site - A Site Advertised by Spam Email or Spam Web
Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks
Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
Any other material Kding Host judges to be threatening or obscene.
12) Changes to the TOS
Kding Host reserves the right to revise its policies at any time without notice. We also reserve the right to do exceptions regarding any of our rules to some of our clients.
