Kalidust®

Web Hosting Terms of Services

Kalidust® reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Kalidust® strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers.  We will not tolerate vulgar or threatening correspondence from our customers -- this may result in immediate dismissal. We respect freedom of speech and expression unless it is harmful to others.   These brief guidelines are imposed to protect you, other Kalidust® customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement

To keep our costs down, Kalidust® bills for yearly webhosting.  Payments are to be made before accounts are setup.  Yearly payment renewals are sent the first day of the month before the month that hosting was purchased, i.e. if hosting was purchased from April 16, 2003 - April 15, 2004, renewals will be sent on March 1, 2004. Billing will continue until you cancel your hosting account. You may cancel at anytime.

Refunds will be given on webhosting on a monthly prorated basis. If you paid for hosting from October 20, 2002 - October 19, 2003 and you cancel January 15, 2003, you given a refund for nine (9) months. If you paid for webhosting for this time and you cancel on January 23, 2003, you will be given a refund for eight (8) months.

This only applies to cancellation by the client. If cancellation is done by Kalidust® due to restrictions violation, there will be no refund. Kalidust® will only allow for the discount if cancellation is not the fault of the client, as determined by Kalidust®. All monetary transactions are in $US dollars. Additional features can be added at any time. Kalidust® reserves the right to change prices at any time.

Indemnification Policy

You agree to use all Kalidust® services and facilities at your own risk. Kalidust® specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Kalidust® be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Kalidust® harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Kalidust®, 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, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Kalidust® against liabilities arising out of:

Kalidust® shall be the sole judge of what violates this Policy.

Server abuse policy

If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing or free email businesses allowed!!

We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

SPAM Policy

Kalidust® is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Kalidust® network, by customers or any other users of the Kalidust® network (including customers' customers); AND/OR over ANY network—if the message sent advertises or mentions a site hosted on the Kalidust® server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Kalidust® email address or web site URL is prohibited. The use of Kalidust® servers as a mail drop for responses to activities described above is also prohibited.

If you have any complaints or comments regarding Spam on our network, please direct them via email to karen@Kalidust.com .

Content Policy

All services provided by Kalidust® may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Kalidust® from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Kalidust® servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Kalidust® will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Kalidust® servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links -

- Pirated software
- Hacker programs or archives
- Warez sites

Kalidust® does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Kalidust® will be the sole arbiter as to what constitutes a violation of this provision.

SSH Policy

Kalidust® enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

CGI Scripts Policy

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, as long as they are not on our banned script's list, however we reserve the right to disable any CGI script that effects normal server operation or service to other Kalidust® customers. You will be notified in 24 hours about offending cgi script.

Kalidust® is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Kalidust® provides technical support for the Server & Server related softwares. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Kalidust®.

Traffic Policy

Kalidust® allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Kalidust® customers are discouraged from storing any files that cause excessive traffic on Kalidust® servers. Please contact Kalidust® Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Kalidust® or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.

Backups

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Kalidust®, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Kalidust® will attempt to recover the data from the most recent archive for a $95.00 fee.

Support Policy

It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the Kalidust® support staff to teach you how to use aspects of the tools at your disposal.

Email Programs

We do not support the programs, i.e. Outlook, Outlook Express, Eudora, etc., that you may use to send and receive email.

What nameservers do I use for my account?

Use the following nameservers for your domain that you host with us:

ns1.ngsan.com
ns2.ngsan.com

Account Cancellation

You may cancel at anytime. To do so, send an email to karen@kalidust.com.

include in the subject - "Cancel web hosting account".

IMPORTANT NOTE:

Make 100% sure that you have copies of all your files before you submit a request for us to cancel your account. As soon as you submit your request to cancel your account, we then delete your account from the server you're on.

Kalidust® reserves the right to amend our Terms and Conditions at any time and without notice.

With Kalidust by Karen Lagrange - Online success is easy to achieve.

Contact us or give us a call at 337-988-2377. We'll be happy to schedule a telephone consultation with our website development expert, Karen Lagrange.