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Terms & Condition

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Welcome to Kairoscale Terms & conditions

Effective date: 1 January 2023

Terms for Using Services

Kairoscale Service Agreement / Service Contract "the Agreement?, "AUP? "Service Contract? specify the terms, conditions, and obligations which a customer agrees to accept by his/her or its conduct of using the Services of Kairoscale for the registration and renewal of the registration of a contract, or by opening an account for any of its services with Kairoscale for such purpose.

DOMAIN REGISTRATION/RENEWALS/TRANSFER POLICY

Domain Name Registration

Kairoscale may take at least one to seven business days like holidays, internal processing issues, etc, and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company's liability shall be restricted purely to refunding the amount it received for a new domain request and not beyond.

Domain Name Renewals

Client acknowledges that it's your responsibility to keep records and maintain reminders regarding the expiry of any service/Domain name. As a convenience to the client, and not as a binding commitment, we may notify you of any expiring services, via an email message sent to the contact information associated with the Customer in the Kairoscale database. Should renewal fees go unpaid for a service, the service will expire automatically and Kairoscale will not be responsible for any loss that may occur due to the expiry/termination of services/Domain name.

Domain Name Transfer

Due to the unknown in advance nature of the domain transfer process, no guarantees are made regarding the time a specific transfer may take. If the transfer of the domain is done by Kairoscale on behalf of the account holder/Client a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

SHARED HOSTING POLICY

Processes
Processes invoked by the web server, cron, shell, or any other method should not exceed the following limitations:
  1. Consume more than 128MB of RAM.
  2. Utilize in excess of 15 seconds of CPU time.
  3. Number of open files should not exceed 64.
  4. Create core dumps.
  5. Number of simultaneous processes should not exceed 8.
  6. Execute a script/binary that forks in a way to create a fork bomb.
  7. Programs may not run in the background or listen on a network port. If you require a bot, service, or daemon, you should
  8. Consider a dedicated server/Virtual private server, as very few shared web hosts allow this type of program.
Database Restrictions
  1. All users are restricted to 15 concurrent MySQL connections.
  2. Database servers should not be used as a hosted solution. Database access should only be used for the website hosted by Kairoscale.
  3. Remote database access is for administrative purposes only.
  4. Database queries should not exceed 3,000 per hour.
  5. Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
    Web
  1. Simultaneous Apache connections may not exceed 45 from one individual source at any given time.
  2. Web processes should not fork or spawn subprocesses.
  3. The maximum number of hits on a website hosted on the shared server is 45,000 hits/day.

Files and Directories

The total number of inodes in an account may not exceed 85,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.(Inode, a data structure which keeps information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.) A directory cannot contain more than 3,000 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.

Email and Mailing Lists

Policies on Unlimited Disk Space Plans and Defining Unlimited.
  1. Email ID size should be 500 MB each . Though you can create unlimited Email IDs.
  2. Email attachment limit is 15 MB, files in excess of 15 MB should not be sent via email.
  3. Processes should not send outbound mail to more than 30 recipients at any given time to maintain the server performance. and 30 Emails/5min or 350/Email/Hour.
  4. POP connections are limited to 60 per hour.
  5. SMTP connections (outbound email connections) are limited to 250 per hour per server account.
  6. Mailing lists larger than 300 will require a Dedicated, VPS from us. Dividing one list into smaller parts to get around this limit is not allowed.
  7. Any mailing list over 900 emails is only allowed in off peak times such as Saturday and Sunday or from 1am to 8am ET during the week.
  8. Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn't support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don't do this you will be suspended. We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
  9. No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.

Cron Jobs

All cron jobs must be 'niced' to 15 or greater (see the Unix man page for "nice" for more information). A cron job should not execute more frequently than once every 15 minutes

Service Restrictions

  1. On certain web hosting plans, Kairoscale does not place limits on the amount of particular resources a single client may use. Kairoscale makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. Kairoscale monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.
  2. Unlimited Plans does not mean you are able to use your hosting in such a way that it negatively affects the server operation for illegal purposes, or uses the resources in a way that affects our server stability/ performance or other users sharing the resources on the server.
  3. Kairoscale although have plenty of available system resources but to avoid too much consumption of resources by any single user; Kairoscale has placed limits on the amount of a server's resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to Kairoscale discretion what constitutes server abuse.
  4. Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, mp4, zip, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund. In case your website has videos then only .flv and .3gp formats are allowed with size limit as 5 MB/video.
  5. In similar manner maximum 6% CPU resources and 128 MB RAM per account can be consume in case of shared hosting and Kairoscale shall allow only 500 MB mailbox size, 5 GB as total mailbox size per domain. It is further clarified that in case of shared hosting Maximum 300 mails can be sent per domain with total recipients 30 while mailing 30 mails per 5 min.
  6. All Unlimited Disk Space Plan and Reseller Hosting Customer agrees that he/she shall not use more than 6% of CPU processing and /or More than 128 Mb of RAM on any of Kairoscale Shared hosting servers. We allow 10 FTP per hosting account even in case of Unlimited Domains Hosting Plans.
  7. You may not use resource-intensive programs which negatively impact other customers or the performances of Kairoscale systems or networks. Kairoscale reserves the right to terminate or limit such activities.
  8. If Kairoscale determines that you have violated the terms of this Acceptable Use Policy, that determination, made at Kairoscale sole discretion, is grounds for immediate termination of your Kairoscale account without notice or penalty to Kairoscale Jurisdiction and governing law.

Reseller Hosting

    Kairoscale will not entertain reseller's clients' queries. If resellers want their end users to be entertained by Kairoscale then there?s a separate fee to be paid by resellers which can be obtained with the Sales team of Kairoscale upon request.
    Addon Domain is not allowed in Reseller Plans. The clients will not be able to add any domain as an add-on domain and they need to add it as new cPanel account.

Dedicated/Hybrid Dedicated Servers/VPS

Third-party script installation is at the client's own risk. Kairoscale will not be responsible for any data loss/ security issues that occur due to the third-party software that the client installs at their end or get them installed by the Kairoscale team.In case, a particular VPS/Dedicated server is consuming high bandwidth then clients are liable to pay as per the extra bandwidth usage. Unauthorized use, Network abuse, Hardware abuse, and Unsolicited emails (inbound/outbound) may be resulting instant suspension followed by termination of your service.Dedicated/Hybrid Dedicated Servers are deployed within 2-3 working days.

Dedicated/Hybrid Dedicated Server/VPS Management

If the client had opted for server management services from Kairoscale then Kairoscale have the authority to reduce the root access of the server for the client. In case, the client demands for root access in order to upload any applications or tamper with the server then Kairoscale will not be responsible for any mishappenings/server failure. The client will be solely responsible for the mishappenings and Kairoscale will not be liable for any support in order to restore the server to its previous state. Kairoscale Support team may restore the server on a payment basis if the backup is available.

e-Mail Server Usage

    The emails in the deleted folder will get automatically deleted after 30 days. Rest items will get automatically deleted after 3 months. (Not from the MS Outlook but from the email server).
    Client is allowed to keep only relevant mail keeping in consideration the mailbox size limitations. Kairoscale allow only 500 MB mailbox size, 5 GB as the total mailbox size per domain.

NameServers And Servers

    It is the client's responsibility to change the nameservers. The propagation time for changes to reflect would be 48 hours and it can even exceed due to registry problems, ISP issues, or technical factors whatsoever. The company in all such cases cannot and shall not be held liable to for changing of nameservers or any delay associated with it. No complaint tickets in this regard shall be entertained also.
    All genuine and valid password reset requests from owners originating from the member control panel shall be processed and completed. In case of any disputes, the FTP log and other system-specific details shall be made available to concerned government authorities, if a proper request is received from the concerned authority.

General

    Search Engine Optimization (SEO) farms or similar are strictly forbidden on Kairoscale' servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
    Bittorrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are permitted. Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
    Any attempts to undermine or cause harm to a Kairoscale Internet Solutions server or customer of Kairoscale is strictly prohibited. The client is solely responsible for the content or data hosted at his/her website/server. He/she will be directly responsible for any legal action that may arise due to content hosted at his/her website/server. If asked by government authorities, Kairoscale has full rights to share the client's details/data even without the client's approval. Spamming is not allowed.
    The abovementioned services/web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.

Security

  1. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a family member, guest, friend, or your employee. Therefore, you must take proper steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or try to gain unauthorized access to another network or server. Your password grants access to your account. It is your responsibility to keep your password secure
  2. Sharing your account access and passwords with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  3. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  4. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
  5. You may not attempt to circumvent user authentication or security of any host, account or network. This includes but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, however, are not limited to cracking tools, password guessing programs, or network probing tools.
  6. Users who violate network or systems security may incur civil or criminal civil liability. Kairoscale will cooperate fully with investigations of violations of network or system security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
  7. You may not attempt to interfere with service to any host, user or network (“denial of service attacks”). This includes but is not limited to, “flooding” of networks, attempts to “crash” a host, and deliberate attempts to overload a service.

SSL Certificates

  1. All SSL certificates will be issued instantly and certificates that require extended validation may take time and time will depend upon the certificate issuer authority
  2. No refund will be processed after 12 days period from the order date.

SiteLock

  1. All services activated instantly after payment confirmation.No refund will be provided upon cancellation of order

Payment Terms

Service Rates
  1. Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer/Subscriber. The customer/Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.

Payment

  1. Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service or, on the annual renewal date in case of services purchased annually. The above applies to all accounts and services provided by Kairoscale.
  2. Payments are accepted only in the form of Cheques, Credit Cards, or any other payment option communicated by the company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer's obligation to make full payment.
  3. Kairoscale retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.
  4. It shall be our endeavor to set up the server within 1 working day of the receipt of the completed form along with the payment (realization) If however, there is a delay for any unforeseen circumstances, the customers are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.
  5. You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non-payment from your side for any of Kairoscale services.

Payments and Fees

  1. Cheques and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of Kairoscale. Accounts not paid by the due date may be subject to a late fee at the sole discretion of Kairoscale. Accounts that are not collectible by Kairoscale may be turned over to an outside collection agency for collection
  2. Payments to Kairoscale are Processed according to our policies. If you desire to cancel your account, please submit a cancellation request anytime.

Failure to Pay

  1. The Company may temporarily deny all services provided or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. End customers affected by a reseller's failure to pay their dues will be able to contact Kairoscale and receive service directly only after the servers have been canceled.
  2. In case your hosting service expired before the expiration of your domain then the Parking page of our company is shown and it is removed when the payment of hosting renewal is realized to us.

Discount

Information will be provided during sign-up. discount may be recurring or one-time.


Ownership Disputes

Regarding disputes related to domain ownership or account ownership, a client has to deal on his own with the current owner of the domain/accounts. In case of disputes, the client needs to contact the cyber cell.

Money Back Guarantee

  1. 15-Day Money Back Guarantee applies to the following: Shared Hosting, Reseller Hosting, SSL Certificates
  2. 15 Day Money Back Guarantee does not apply to nor are refunds available for the following services: Domain Registration/Renewals/Transfers, Dedicated Servers, Hybrid Dedicated Servers, Virtual Private Servers, CMS Website, Any third-party solution that you buy with Kairoscale reference
  3. Note that the 15-day period ends exactly 15 days from the day on which the account was originally activated (not the day the order was placed). It is not valid for account renewals. This guarantee is VOID if your account violates our service usage guidelines. Setup fees are non-refundable. External services or third-party services, such as but not limited to, dedicated IP addresses, installation charges, third-party software, etc., are non-refundable. All bank charges, applicable taxes, and a reasonable processing fee will be deducted while processing any refunds. All Refunds and Reimbursements will take up to 15 Business Days from the date of receipt of the request, to process. The refunds will be made available in the client area.

Affiliate

  1. We do offer 8-10% amounts to our affiliate on new referrals. {Commision amount may vary(decreased) according to refered service}. The recurring commission will be paid only for VPS hosting customer's referral and it will be decreased to 4-5% after 1 year or 6-month recurring commission/renewals. There will be no commission for renewals which are more than 1.5 years recurring.
  2. In case of shared/reseller Hosting, SSL, site lock, domain name commission will be one time. The commission amount can be used for future invoice payments with us. Generally, we do not transfer the commission amount to the affiliate's account. We do in some cases only, t&c applies

Support Boundaries

  1. Please do not provide your sensitive information to our agents/executives etc like login details, passwords, banking info, etc on Skype Chat. You may also not make any commitments on Live Chat. All such commitments, disclosures, and interactions with our team would solely be at your own risk and Kairoscale do not deem valid or vouch for the authenticity of all such interactions. Kairoscale recommends that for all complex and advanced issues, customers duly raise a ticket by logging into their member control panel.
  2. Kairoscale provides 24/7 technical support to all customers/subscribers for the software we installed during the server setup and provided by us. Kairoscale does not provide technical support for your customers/clients.

Support Abuse

We always treat our customers with the utmost respect and expect the same from you too. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days' notice to find a new host. A prorated refund may be issued on a case-by-case basis

Upgradation/Migration

In case of migration/upgradation, your (client's) old server/account/services will be terminated within 48 hours of the activation of the new server/account without any further intimidation. It is the client's responsibility to ensure the full completion of migration from the old server/account within 48 hours of getting the new account details. After this duration, Kairoscale will not be liable for any data loss/mishappenings. Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, the customer will automatically be billed for any excess usage during the then-current calendar month

Account Suspension/Termination/Denial

  1. If you desire to cancel/terminate your account, please raise a ticket in the member control panel 3 days in advance.
  2. In case of non-payment, all services will be suspended/terminated as per the service's expiry date.
  3. Kairoscale will not be responsible for any data loss, providing any data after suspension or termination of services.
  4. We reserve the right to refuse service to anyone at any time for any reason.

Jurisdiction

  1. The laws of the Republic of India shall govern this agreement.
  2. In any event of dispute the area of Jurisdiction would be Jaipur only.

Acknowledgement

  1. By placing, hiring and continuing to maintain or place information at Kairoscale servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
  2. For any queries regarding terms of service, kindly open support ticket or contact us via live chat