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Terms of Service

KTHost provides Hosting services to its customers for a Monthly/ quarterly / Semiannually / Yearly fee. provided you abide by and comply with the terms and conditions of this agreement. KTHost shall host your web site on KTHost’s servers, provided you abide by the terms and conditions set  herein and in each of KTHost policies and procedures.However, recent detection of misuse of our services have compelled us to take action against the violating clients and also lay down a few new terms and conditions which are subject to change from time to time, and the decision of KTHost Board of Directors shall be final and abiding to all concerned.

We own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable.

Before purchasing hosting / VPS / Dedicated / Email Marketing  solution from us please read below terms and policy after registeration with us we do not hear anything from client and not refund amount those client paid for that.

The Terms of use and Conditions and policies to be followed have been listed below

1. Any misuse of our services to perform illegal activities will result in account termination, and in any such circumstances, no refund shall be given to the client.

2. Distribution of free email IDs to any person other than the ones related to the website owner or the company automatically gives KTHost the rights to, decrease the number of email IDs provided / terminate the service.

3. Incase of misuse of allotted email ID space, we will have the rights to diminish the space provided for email ID.

4. All disputes are subject to Mumbai - 400064 jurisdiction only.

5. Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account can be suspended.

6. Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Indian and International IT Act.

7. Intentionally tampering (Hacking or sending virus) from/to our server by a client will result in  the account being suspended or terminated.

8. Backups : Customers are advised to maintain data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important e-mails and data by forwarding mails to other domain email IDs or by using Outlook. We recommend taking backups atleast once a week. All backups created on server should be deleted within 48 hrs, or else it will be entitled as misuse of our services and will result in suspension /termination of service

9. For safety reasons, we urge our customers not to divulge the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 7 days you should change your all password for security reason. We request clients to keep their web hosting account password different from passwords used on any other website.

10. In any circumstances money refund is not possible unless and untill described on this / appropriate product description page.

11. Customers should also maintain their payment confirmation details that they have paid us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility etc.

12. If client's website /server is down, its client's responsibility to report it to our technicians by support tickets. We monitor servers for their performance and uptime for shared hosting clients but we do not monitor individual sites. In case of dedicated servers / VPSs, we monitor network and supporting hardware backbone and not individual servers. Also in any such cases, any data loss will be client's responsibility as we have already stated at its upto you to take backups.

13. If you have made the payment by the payment gateway and the payment gateway company has declared your payment as fraud then your account will be terminated and the domain name will be deleted immediately without any prior notice. if you are making the payment by offline once again or you are clearing your payment by speaking with payment gateway company then we will recreate your hosting account and reregister the domain if the domain name is still available. Reregistration and hosting activation will be done after getting the payment confirmation only. Within this time if the domain is registered by any other company, then KTHost will not be liable or responsible for that loses.

14. For plan details and services provided by KTHost , please refer to the website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website is not abiding.

15. We do not provide any trial of our services unless mentioned on respective product pages. Though on certain products we do provide money back guarantees, which is also mentioned on aforesaid product page. To be eligible for moneyback after using our services for more than 48 hrs, a valid reason is required. Though if due to any reason, client wishes to cancel his service within 48 hrs, he shall be granted full refund unless specified by our representatives or any of the terms listed on this page/ product pages. No refund shall be provided to any client purchasing domains, vps, dedicated servers, cloud hosting, email hosting, website designing.

16. KTHost would like to inform you that if you are found to be misbehaving  or using abusive languages with our employees, then we deserve the right to suspend/terminate your account without any priority notice, and no refund shall be provided in such circumstances.. KTHost have full rights to take legal action against such clients/ visitors. Client/Visitor will have to pay Rs.5000/- fine or penalty to reactivate his services. No data backup will be provided to the client, unless he pays the penalty.

17. Please take the back up of all your data before changing Name Server (DNS) of your Domain. We will delete all your data automatically if you will change your Name Sever to something other than ours. To reduce server burden we will delete all data of the Domains whose  name servers are not pointing to our server. So KTHost will not responsible for any loss of data if you change Name Servers of your Domain even for a short duration. If any domain is found to be using nameservers other than the ones provided with the respective product for more than 48 hrs, we shall terminate all such accounts without any notice.

18. If any client is not using the hosting service from KTHost, then it is mandatory for the client to send the cancellation request to billing department by raising the ticket. Failing the same KTHost will charg the renewal amount every billing cycle, and payment of all created invoices after activation of services is mandatory, and lawfully abiding.

19. We provide paid backup service on all our linux and windows server network. Its clients responsibility to purchase such service and ask our technicians to schedule the backup accordingly.

20. If any technical issue comes into play with the server then it may be possible to get the services up, but time frame to bring services up again may vary depending upon the severity of the probem.

21. If server is down or physically damaged or hacked then we are not responsible for website data loss.  It’s all clients responsibility to take care of website data from time to time.

22. We provide all our clients with a client portal where they can access all their services bought from KTHost and also see the due dates of the same. Its clients responsibility to renew their services from time to time by making payments before due date. We do not provide any grace period with any of our services. All due invoices must be paid on time to avoid service suspension / termination.

23. Clients should always take care for their website contents like website data ,databases etc, we are not responsible for any disputes regarding these services. We do not provide any copyright service for the data.

24. With hosting services we provide Email, Readymade applications,Database etc. Its client responsibility to manage them according to their needs. We do not provide custom support for such services, unless we have designed the website. As the codes of sites vary according to the content and the designers.

25. We do not maintain database of websites, it’s all responsibility of website owner.(Clients and end user must  take backup from time to time).

26. Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic.You must keep your email address updated within your control panel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% consumption after which  you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your usage exceeds allotment.

27. If, for any reason, KTHost detected that you are violating the terms or found in misbehaving kinda activities or talking against our company to dentthe reputation of company your account can be suspended / terminated depending upon the grade of offence.

28. Resellers cannot offer free hosting on our servers. Any account found to be offering free hosting services will be terminated without notice.

29. You can’t use shared / reseller hosting for filesharing.

30. If you choose to engage in marketing your site and/or services via email please read the following. The only permitted form of email marketing is that in which the list is “opt-in”. By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. If we find your account transmitting email to persons that did not authorize such activity, your account will be suspended immediately and of proper response is not received to abuse ticket within 8 hrs, account will be terminated. We will not be responsible for any data loss.

31. KTHost does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of $150 USD (9000 INR).

32. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages).

33. KTHost reserves the right to add, delete, or modify any provision of this policy at any time without notice.

34. We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer’s account will be suspended and we will recommend to the customer to find a new host and also not refund any amount that he paid to us.

35. We do offer unlimited space, bandwidth and other resources. But misuse of any such resources is absolutely not allowed. For optimum performance of accounts we suggest to keep your per account usage to 500MB - 1GB on shared linux hosting, and 200MB-500MB on windows shared hosting. Also periodically clear your account and remove junk / unused data, emails etc to obtain optimum peformance from servers.

36. Database Size :Though we do not restrict database size on any of our servers, any client misusing the same, will face suspension / termination. Shared hosting is meant for small websites / information site and not for large sized organizations' data hosting. For such services, please consider our VPS /Dedicated server hosting.

37. Whatever the hosting and domain prices are displayed on our website, it may not always remain same. We reserve the rights to upgrade or downgrade the prices for hosting and domain and other products / services depending upon decision taken by KTHost Board of Directors.

38. We do not provide support for any third party applications(bugs/programming help). Also there is no support included for customization of scripts available to be installed by softaculous / plesk.

39. We do not allow bulk email (Spamming) from our servers, any account found sending spam mails, will face immediate termination without notice. Email sending limit on all our servers is 100-500/hr.

41. Resellers must check the clients account time to time for how much resources they are using. Any domain under resellers if found to be misusing server resources will be suspended / terminated, and no notice shall be sent to reseller/client, except the termination/suspension notice.

42. If server is overloaded or hacked then we will migrate data from old server to new server.It may take time to complete the process to shift all old server accounts to new server.When migration process starts user must download backup data from old server because after migration updated data or accounts may not reflect on new server.

43. Migration process some time fails to migrate accounts on new server and in such circumstances we are not responsible for any data loss.

44. If user account data is heavy and it is  not possible to  migrate to new server from our end, then  in that case we will create new account on new server and give 4 days time to shift all data from old server to new server.This  process should be  done by client himself.

45. If data loss is positive after migration then we are not responsible for that.users should always take the backup of their website, database etc time to time.

46. Migration can also be done if any server part is damaged.

47. Email send limit from linux and windows is only 100-500 email per day on all our network servers.

48. More than 100 email sending at once is not allowed from linux or windows servers, if you need more than 100mails/hr, consider buying our Email Hosting Packages

49. If anybody is found sending more than 100 mails/hr at once, his account will be automatically suspended by server. In case account is under any reseller a show cause notice answer must be made by the reseller as soon as possible.

50. Changing parent domains on shared hosting plans is to be handled on case to case basis. If the client wishes to change his parent domain, he will have to pay the setup charges which may change from time to time.

Unlimited feature Policy:

What does Unlimited on this website mean?

Shared Hosting Unlimited: (Exclusing Unlimited Domains Plan)

–> In case of unlimited hosting plans , we deserve the right to suspend or terminate any client account which is using too much of server resources, which in turn is compromising quality of other websites hosted on the same server or server cluster.

–> Using our unlimited plans for downloads related websites is strictly not permitted, and any client violating this term will be terminated without warning. We will not be responsible for any loss occuring to the client.

–> No refund shall be provided to any client after the money back period. Money back guarantee also has limitations as mentioned elsewhere on this page.

–> We commit to provide Email sending limit on all servers is maximum 100 mails/hr, though we have not put the restriction automatically. This is for your advantage and not to harm others. Anybody using KTHost’s email service for sending bulk emails will face termination of his account and strict legal action with fine upto Rs5000 | $100.

–> KTHost cannot be held responsible for any instance, result or motive occuring because of client’s website or service. All clients agree and abide to this rule.

On Linux Platorm, unlimited resources conditions will be as per the details given on respective pages.

As per your own risk you can maintain your accounts those relate to unlimited features, your website performance may slow down.

CPU Usage beyond 10% by a single account, let it be reseller or client, is not allowed. and account will be suspended immediately.

Above the above mentioned limits, your account may not function properly.

Payment:
As considered by KTHost, Customer agrees to pay KTHost  the aggregate monthly, quarterly orYearly fee as per hosting plan / payment term selected. Payments for renewing services must be paid before the due date. All expired services are automatically terminated by our cart system.

Refund Policy shared hosting:
15 day Money Back: is offered on certain hosting packages. Clients are entitled for 15 day money back only if there is remarkable server downtime w/o any reason. No refund shall be provided in any other circumstances other than listed above.

15 day money back doesn’t mean you can try our services for 15 days and then cancel the service. Its for marketing purposes which reflects our commitment to good service.

While processing refunds, Rs100/Account+ domain setup fee will be reduced. Cost of any free domains will also be reduced as domains can’t be cancelled. If the client has used CCAvenue payment gateway to pay us, 9% Transaction charge will be reduced from the total receipt.

Resellers, VPS/Dedicated server clients, web design clients, SMS, SEM services clients are not entitled to any refund after activation of services. No exceptions to this rule.

Support:
KTHost agrees to provide technical support by email / Support Ticket System to customer and also by online support system during KTHost’s normal technical support hours. Telephonic Support is only for Billing Related Queries. Online and telephonic support is completely dependent on man power available at that time. And a client cannot claim a money back on the grounds of online support, or phone support, or any external script support. We provide you hosting not web designing unless purchased. Its your job to design your website. We may provide elementary help varying from cases to cases which will be completely decided by us.

--> All support tickets will be replied within 24 hrs, and all technical queries shall be resolved within 48 hrs unless it involves any third party.

--> Our client portal provides different priority of support ticket as, Normal, Medium, High.

----------> Normal : should be used for all technical queries, and for enquiring about script support etc

---------> Medium : should be used only if certain limitation on server is hampering the performance of the website

--------> High : MUST be used only in case website is down / hacked.

For shared hosting clients : We cannot modify server language support for individual clients. All languages supported and technical capabilities of the server are reflected on product description pages. Clients should verify beforehand whether our servers support particular script / language. No refund shall be provided on such grounds.

Storage and Security:
At all times, you shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:
i. prevent any loss or damage to Your web site content;
ii.maintain independent archival and backup copies of Your web site content;
iii. ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on KTHost servers
iv.ensure the confidentiality of Your password. KTHost servers and hosting services are not an archive and KTHost shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

Abuse of SMTP Mail Server: 
If any of the email id is found to be misused on the mail server then we will suspended the particular hosting account.[100 Emails can be sent per hr]

Network security:
In case of any tampering done to our network security, we will take an immediate action against the respective hosting account.

Spam: Unsolicited commercial advertisements (spam) are not allowed from  e-mail IDs and infringing terms willresult in termination of the service and no refund.

Abuse of Traffic:
If any customer violates the company’s policies in site transfer or misuse of bandwidth, KTHost can decrease its allotted Traffic quota or suspended his account with out any prior notice.

Abuse of Space:
As per our policies, at least 90% of your web pages (HTML) must be “Linked” with files (.GIF, .JPEG, etc.) which is stored in our server. Web space must not be used by your visitor for free upload, SEO heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice. Customers can not run IRC, bots or clients on servers.

VPS / Dedicated Server terms:

  • Clients agree to the respective datacenter partners terms and service
  • Creation of VPS services sometimes can take upto 72 hrs, and orders once placed cannot be cancelled once it goes in processing.
  • In a case due to any network issue , if any VPS is unavailable for sometime, we create the VPS on a different node within 72 hrs of reporting the same
  • Its client’s responsibility to report for network issues about any VPS /Dedicated Servers
  • All KTHost VPSs and Dedicated servers are basic managed, which means, we take care of only Network and hardware maintenance, its client’s responsibility to setup domain etc
  • We do not provide support for any third party applications
  • We are not concerned with any software failures which occur due to client’s activity
  • Support replies can be instant or in some cases can take upto 24 hrs. All support tickets are answered in the order they are received
  • We reserve the right to cancel any service if client is found using our services against the terms of service of KTHost , associates or governments
  • There is no refund provided for any VPS /Dedicated server service once client has received appropriate “New Account Information Email “  / "Processing Mail".
  • Client cannot request refund on the grounds that we are not setting up his server, a client buying a VPS /Dedicated server agrees to set his server himself. As already mentioned, KTHost is concerned only with network and hardware maintenance
  • We will provide basic support for software licenses bought from us, though client should in most cases seek support from the distributors directly
  • We are not responsible for any hacker activity, or data loss in client’s server , as the same is fully managed by the client. And client is responsible for all security of his servers
  • No two offers can be clubbed together
  • KTHost and all its client’s abide by the local laws of their respective countries separately and taken together.

Email Hosting Terms:

  • Email Hosting is provided by KTHost to send emails to opt in email addresses only, and not for sending SPAM emails. If by any chance your email is marked as SPAM and IP of the server is blocked, a fee of $200 will be levied without any default and it will be abiding to the client and all parties concerned.
  • Sending SPAM from KTHosts’ mail servers is absolutely not permitted
  • Periodically scrutinize your email database to delete the unwanted email addresses
  • Unlimited Dedicated Email Hosting plan’s VPS has following configs : 512MB RAM, 20GB Space, 1000GB Bandwidth, Windows Server 2008 Enterprize. Windows server uses approx 16GB of Space, so server has only 4GB of Space to store all your emails. Emails storage if exceeding the space, will need to be upgraded to our higher VPS plan WVPS2 whose cost in case of email hosting will be Rs2899/- | $59/month . Client agrees to this rule by purchasing this plan
  • Any one abusing our services will be punished with immediate unwarned account termination and no refund
  • Non refund shall be provided to any client after his domain is setup on our email hosting servers
  • Emails should not be sent to bought / purchased email addresses
  • If any one receiving email address from any client of KTHost reports to the mail server, his account will be terminated without any notice
  • our service should be used to send emails to only authorised email address and an unsubscribe link or certain such detail should be availed to your customers in every email
  • Abusive , terrorism, racism, regionalism , religious contents should not be released from KTHost servers unless client has obtained a written content from KTHost regarding the same
  • If any of the above content is sent and mail server or datacenter gets the report about the same, Client will be entitiled to bear the cost of IP clearence as decided by KTHost and its datacenter partners. A fee of $1000 | Rs50000 whichever is higher may be charged by KTHost is such circumstances. Using KTHost services, legally abides the client to pay the amount withing a period of 5 days.
  • KTHost may from time to time ask any client to provide the consent or opt in email IDs access
  • Client will be responsible for all mails relayed from his account whether its not from his consent. Email may be a result of hacking, or dishonesty of any employee, client will be held responsible for such things unless proved otherwise and third party agrees to pay the damages
  • KTHost and its partners will not be responsible for any content relayed through KTHost servers
  • KTHost reserves the right to terminate, suspend , block any service and modify any content of this page without any warning to any other concerned party
  • We are not responsible for email delivery if customer delivers spam messages to a particular email provider and in turn provider blocks his emails.
  • In cases dealing with online piracy, phishing, gambling, spaming, gaming, or any illegal acts, client will be fully responsible for all acts done through his email account / server, and KTHost or its partners shall in no way be held responsible for any such act, as emails relayed through our server are not monitored. Client also agrees to pay any dues or clearence or any fee asked by our datacenter partners in cases involving IP blocking
  • Once an email hosting service is activated, the paid amount will not be refunded in any case
  • Client agrees to the terms of service listed on this page by placing an order on our website or our partners sites.
  • We are not responsible for delivery to free email address providers like hotmail, yahoo or gmail as these providers skip messages a lot and sometimes add domains or servers to blacklist without any reasons. We suggest you to provide your users a professional email hosting service for business
  • Bulk Email & Blacklisting:
    KTHost understands that bulk email is an important mechanism for keeping people informed. However, spamming from the KTHost  network, and spamvertising (unsolicited advertising of) sites hosted on the KTHost network, is prohibited. Legitimate bulk email meets the following criteria:

    • ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails.
    • Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.

    The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. If KTHost  approaches a client for evidence of confirmation, the request must be honored within 24 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved. KTHost  reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $200.00.

Customers are also prohibited from running Bulk Emailing, Unsolicited Emailing, Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement, Trademark Infringement, Warez, Cracks, and Software Serial Numbers, torrentz files, or any other kind of crawler script.

We suggest a VPS/ dedicated server for the same.

We do not host following websites. Any website found in below categories will be terminated immediately and no refund shall be provided. Resellers are also requested to take a note of it

1> Download website like mp3 warez download, video download, file download or any of this kind

2> Video streaming website

3> Pornographic website

4> Game servers

5> Phishing Websites, IRC Chatbots

6> Torrentz websites

Unlimited Domains Shared Hosting Plan Terms:

1> Client can host at max 10 domains in his account, maximum Space usage is 5GB. For plesk panel/Windows Hosting account, only 10 domains will have free setup, means 10 domains will be setup free of cost. If client needs to modify any domain, suspend/delete some and replace it with new ones, charge will be Rs100/domain setup.

2> All domains must be registered on clients name, reselling using our shared hosting plan is absolutely not allowed, and client’s account will be suspended on failure to follow this rule. You need to buy a reseller package for this

3> All websites hosted under this account should comply with above given terms of service

4> If client is found infringing any of above given terms, his account will be permanently suspended.

Note – Reading Terms of service is client’s resposibility. No money shall be refunded in case client didn’t read our terms of service and came to know anything afterwords.

-> Resellers and all their clients using our services are bound to all the terms and conditions on this page. No exceptions of rules here.

We deserve the right to modify the content of this page w/o any notice. Its repsonsibility of customers to read this page regularly for any changes.

==> All VPS/Dedicated Server customers agree to the terms of service of respective data center partners on whose platform their services are based. KTHost reserves the right to collect payments legally on behalf of our datacenter partners.

Its our pleasure to bring you world class service through our various partners, information of which is completely confidential and shall not be revealed under any circuminstances. No right to information rule applies on this rule as it comes under Privilage Communication

SMS Terms of Service:

Important Terms of Service:

-> Airtel, aircel and bsnl doesn’t allow alphabatical sender IDs. Use numerical sender IDs upto 8 digits for delivery on these networks.

–> KTHost is not responsible for any act of infringement of laws etc due to sms originated from client’s account. So keep your password at a safe place and do not share it with anybody.

–> Its the client’s resposibility to obtain consent of the users it is sending smss to. KTHost doesn’t monitor to whom the sms’s are sent, and client is solely responsible for all sms released from his account. TRAI imposes a fine of upto Rs250000/- on advertising smss to DND nos, if any client is infringing laws of TRAI, he will be legally liable to the fine decided by KTHost Administration.

–> KTHost and its partners abide to the local laws and policies of Indian government, at its Mumbai Jurisdication only. Some products have their copyrights and taxes registered at its branch office Nagpur. All KTHost services are governed by its terms of service given on its homepage.

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