Please read the following terms of service carefully. You must agree and abide by these rules & regulations before signing up for an account and using services provided by Kazila.com [hereafter referred to as "Kazila"].
If you have any questions, please email sales [at] kazila.com
1. Payment Information
You agree to provide Kazila the appropriate payment monthly for your services. It is your responsibility as a client to pay your invoice fully and when due. We provide a 10-day grace period after your invoice is generated. If payment is made late, a $10 late fee will be generated.
With high risk transactions, it will be necessary to provide identification and possibly a scan of the credit card used for the purchase. If you are not able to provide this information, the order may be considered fraudulent in nature and be denied. Information requested by any law enforcement agency regarding fraudulent charges will be provided.
2. File/Data Transfers
We will make every effort to help you transfer your site over to our servers free of charge. We do provide this service as a courtesy and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured differently. Please contact us if you need assistance in transferring your site over to Kazila.
3. Account and Contact Information
After payment is made and we have received payment, it is your responsibility to provide us with a working email address. If ever an issue occurs, we will contact you via the primary email address on file. Providing any false contact information may result in termination of your account. We may also require you to verify your account before services become active due to fraud reasons. Any information we gather at this web site is strictly for our use and will not be distributed.
3.5. Reseller: client responsibility
Resellers are responsible for supporting their clients. Kazila does not provide support to our reseller's clients. 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'. Kazila will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.
4. Files and Backups
Kazila is not responsible for any files, which are lost or deleted. Kazila does generate backups on a daily basis but the user or availability of these are not guaranteed. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
5. Money Back Guarantee and Refund Policy
Kazila provides a 30-day money back guarantee; if you are unsatisfied with our services for any reason during the first 30 days, we will refund your payment in full. This guarantee does not apply to dedicated servers, domain name registration(s), sites which are in violation of the terms of service, reseller features such as a private SSL certificate or a domain reseller account are non-refundable. These features will be deducted from the total refund amount. The following fees will be removed from the total refund amount:
Private SSL Certificate: $10.00
Domain Reseller Account: $1.00
6. Price change
After signing up with Kazila, your monthly price will never change. You agree to allow Kazila to change their prices & packages at anytime.
7. Acceptable content
7a. We do not permit the hosting of excessive Anime, Manga, Movies, MP3, Torrents and File Download sites whose "main/primary" purpose is for storage/archival and distribution.
7b. The laws of the state of Texas, and the United States apply. The customer and visitors agree to indemnify and hold harmless Kazila from any claims resulting from the use of our services.
Sites that promote any illegal activity or present content that may be damaging to Kazila servers or any other server on the Internet are not allowed. Links to such materials are also prohibited. Any account which uploads unacceptable content will be suspended or terminated without warning.
Examples of unacceptable content or links on our servers:
- Pirated software
- Torrent software (i.e torrentflux)
- Hacker programs or archives
- Warez/Phishing sites
- Proxy scripts or Anonymizers
- File dump or banner-ad services
- Live-streaming
- Escrow
- Investment Sites
- Any type of copyrighted material
- Selling of Pharmaceuticals
- Auto surf sites
- Bank sites
- Hate sites
- Hacker focused sites
- Mail Bombers
- Spam Scripts
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
If you would like to report unacceptable content or copyrighted material on our servers, please email abuse [at] kazila.com.
All violations will be reported to the appropriate law enforcement agency.
Kazila reserves the right to remove data from our servers without the users’ permission.
8. Refusal of service
We [Kazila] reserve the right to refuse, provide, cancel, or suspend services at our sole discretion.
9. Server resource usage
Users may not initiate the following on our shared servers:
- Use more than 20% of system resources for longer than 90 seconds.
- Run any type of IRC client
- Run any gaming servers
- Run cron jobs less than 15 minutes apart
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
- Run any type of interactive real-time chat applications that require server resources.
Any account abusing the server or using too much of the systems resources will result in their script being disabled and/or account being suspended and will require (in most cases) an upgrade.
10. Uptime guarantee
If your server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Kazila 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 sales [at] kazila.com with justification. All requests must be made in writing via email.
Our uptime guarantee refund policy is broken down below:
99.8% |
10% |
99.7% |
20% |
99.6% |
30% |
99.5% |
40% |
99.4% |
50% |
99.3% |
60% |
99.2% |
70% |
99.1% |
80% |
99.0% |
90% |
Less than 99% |
100% |
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.
11. File Limit
There is a maximum of 50,000 files allowed under one shared account. Any type of file under your account counts as one file. (This includes the files inside your root directory as well).
12. Spam Policy
Any user caught sending spam, will have his account suspended without prior notice. You can be fined a cleanup fee (this cost of the fee is entirely at the discretion of Kazila) and must pay to receive a backup of content. You agree to allow Kazila to hold your files until the penalty is paid.
13. Disclamer
13a. KAZILA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. KAZILA MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. KAZILA DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13b. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY KAZILA AND ITS EMPLOYEES.
14. Disclosure to law enforcement
Kazila may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
15. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Kazila harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Kazila, 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 Kazila against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kazila; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; Kazila's server.
16. Changes to the Terms of Service
Kazila reserves the right to change or add new regulations to the terms of service at anytime without notice.
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