Kazila

Terms of Service

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, LLC [hereafter referred to as "Kazila"].

1.   Payment Information

Customer agrees to provide the appropriate payment monthly for active services. It is the customers responsibility to pay outstanding invoice(s) fully and when due. Kazila provides a 10 day grace period after your invoice is generated. If payment is made after the due date then a $10 late fee may be generated and applied.

Providing identification and possibly a scan of the credit card used for the purchase could be necessary if your order is flagged as high-risk. If you are not able to provide this information, the order may be considered fraudulent in nature and be denied.

2.   Data Transfers

Our staff will make every effort to help you transfer your site over to our servers free of charge. Since we do provide this service as a courtesy, we cannot make guarantees regarding its availability or the amount of time it may take as each host is configured differently.

3.   Account Information

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. Any personal information we gather at this web site is strictly for our use and will not be distributed.

4.   Client Responsibility

Resellers are responsible for supporting their own clients. Kazila does not provide support to any of our reseller's clients under any exception. 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 sub accounts. Kazila will hold any reseller responsible for any of their clients actions that should violate the law or the terms of service.

5.   Data and Backups

Kazila is not responsible for any files which are lost or deleted. While we do generate backups on a weekly basis, the use or availability of these is not and never guaranteed. We encourage you to backup your data on a weekly basis. Neither party shall lose any rights or be liable to the other party for damages or losses on account of failure of performance by the defaulting party.

6.   Refund Policy

Kazila provides a 14 day money back guarantee; if you are unsatisfied with our services for any reason during the first 14 days, we will refund your payment in full. This guarantee does not sites which are in violation of the terms of service and control panel licenses. These features will be deducted from the total refund amount.

7.   Price Change

After signing up with Kazila your monthly price will never change and can never change regardless of new promotions.

8.   Acceptable Content

The laws of the State of Texas and the United States apply. 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 prior warning. Our abuse team reserves the right to remove data from our servers at any time without the customers permission if the data in question is not permitted.

We do not allow eggdrops/IRC on our virtual private servers. 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. Any of this activity will result in the termination of your services.

Examples of unacceptable content or links on our virtual private servers (virtual private servers): pirated software, escrow, investment sites, any type of copyrighted material, selling of pharmaceuticals, auto surf sites, bank sites, hate sites, hacker focused sites, mail bombers, IRC, spam scripts.

Examples of unacceptable content or links on our shared servers (shared and reseller hosting): 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. All violations of this nature will be reported to the appropriate law enforcement agency.

9.   Refusal of Service

We reserve the right to refuse, provide, cancel, or suspend services at our sole discretion.

10.   Server Resource Usage

Users may not initiate the following on our shared servers (not applicable to virtual private servers):

Use more than 20% of system resources for longer than 90 seconds. 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.

11.   Uptime Guarantee

If a 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% credit
99.7% - 20% credit
99.6% - 30% credit
99.5% - 40% credit
99.4% - 50% credit
99.3% - 60% credit
99.2% - 70% credit
99.1% - 80% credit
99.0% - 90% credit
Less than 99% - 100% credit

12.   File Limit

There is a maximum of 50,000 files allowed under one account. Any type of file under your account counts as one file. This includes the files inside your root directory. This is only applicable to shared/reseller accounts.


13.   Spam Policy

Any user caught sending spam, will have his account suspended without prior notice. We have a zero-tolerance spam policy. If spam is sent from your server, your services will most likely be terminated.

14. Disclamer

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.

THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY KAZILA AND ITS EMPLOYEES.

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 Terms of Service

Kazila reserves the right to change or add new regulations to the terms of service at anytime without notice.