Terms of Service

Acceptable Use Policy & Legal Service Agreement


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"].

Payment Information

Customer agrees to provide the appropriate payment each month for active services. It is the customers responsibility to pay outstanding invoice(s) fully and when due. Invoices are generated 7 days in advance. If payment is made after the due date then a late fee may be generated and applied. Accounts that are past due will be considered for suspension or termination at the sole discretion of Kazila. Customer is responsible for any outstanding debts and Kazila reserves the right to pursue payment.


Bandwidth Overages

Customer is fully responsible for bandwidth overages generated the following month which are priced at $0.50 per GB. Kazila may forgive overages in a situation where the customer wishes to upgrade their monthly bandwidth allocation. Kazila reserves the right to adjust/cap port speed at our sole discretion. The cap will be set indefinitely until an agreement is made between both parties and a deposit is made by the customer insuring that overages can be covered.


Account Information

Providing any false contact information will result in termination of your account. This is applicable before or after account activation. Providing more information for verification purposes may be necessary if your order is flagged as high-risk. If you are not able to provide this information, the order will be considered fraudulent in nature and will be denied. We respect the privacy of our customers and any personal information we gather at this web site is strictly for our internal records and will never be distributed to a 3rd party.


Client Responsibility

Kazila does not provide assistance to any of our customers clients under any exception. All support requests must be made by the primary account holder for security purposes. Customers are responsible for all content stored or transmitted under their account and the actions of their sub accounts. Kazila will hold the customer responsible for any actions that violate the law or this terms of service agreement.


Data and Backups

Kazila is not responsible for data that is lost or deleted under any circumstance. You are solely responsible for creating backups of your data. Kazila is not responsible for any damages the customer may suffer as a result of service disruptions, hardware or software failures. Kazila does not make implied or written warranties of any kind for any of our services. While we may generate backups for our customers as a courtesy, the use or availability of these is not and never guaranteed. Kazila encourages you to backup your data on a daily basis; the risk of possible data loss due to unforeseen circumstances such as hardware failure is small yet possible. 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.


Refund Policy

Kazila provides a 3 day money back guarantee on all virtual servers. If you are unsatisfied with our services for any reason during the first 3 days, we will refund your payment in full. All payments after the first 3 days are non-refundable. This guarantee does not cover dedicated servers, accounts which are in violation of the terms of service as well as extra license purchases. These will be deducted from the total refund amount.


Promotions and Pricing

Kazila may offer limited time promotions that are limited to new customers only. After signing up with Kazila your monthly price will never change and can never change regardless of new promotions.


Acceptable Content

The laws of the state of Texas, New York, California and the laws of 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. Kazila understands that everyone's requirements are different so if you have any questions regarding the acceptable content policy, please contact us for clarification purposes.

We do not allow IRC on our virtual private servers. Legal use of IRC is permitted on our dedicated servers and Dallas network. Private backup/data storage or generation is acceptable however 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 and dedicated 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, spam scripts.

Examples of unacceptable content or links on our shared 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. All violations of this nature will be reported to the appropriate law enforcement agency.


Prohibited Actions

You must not use our hosting services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, phishing or other malicious computer software. You must not conduct any systematic or automated data collection activities without Kazila's express written consent.


Refusal of Service

Kazila reserves the right to refuse, provide, terminate or suspend services at our sole discretion. In situations where this agreement is violated, Kazila reserves the right to take action we deem reasonable without ever notifying the customer.


Uptime and Power 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.


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, Kazila reserves the right to terminate your services. Kazila does not allow unsolicited mass email sending under any circumstance and is strictly prohibited on any of our servers. This includes the sending of marketing emails and/or promotional emails.


Cancellation Policy

Virtual servers can be cancelled at anytime. For dedicated servers, Kazila requires written notice of cancellation 8 days before the next due date. For all services, please submit a ticket to our billing department (billing [at] kazila.com) to request cancellation. A ticket is required for documentation purposes.


Disclaimer (1)

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.


Disclaimer (2)

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.


HIPAA Compliance Disclaimer

Kazila services are not HIPAA compliant. Each customer is solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Each customer acknowledges that the services may not be appropriate for the storage or control of access to sensitive data, such as information about medical or health information. Kazila specifically disclaims any representation or warranty that the services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Any customer that requires secure storage of "protected health information" under HIPAA is expressly prohibited from using this service for such purposes. Kazila allows exceptions only through custom deployments, certifed as "HIPAA compliant" by Kazila and within the terms of a separate contractual agreement whereas these terms are not applicable.


Reasonableness

By using our services, you agree that the exclusions and limitations of liability set out in these terms are reasonable.


Unenforceable Provisions

If any provision of these terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms.


Changes to Terms of Service

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