KPC Host - Using Technology for Business

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Our Policy, Terms and Sitemap

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS SITE OR PLACEMENT OF ANY ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

Acceptable Use Policy (AUP) and Terms & Condition (T&C) Koala Platform Creative™ and KPC Host® issues this document. Koala Platform Creative™ and KPC Host® shall be known throughout this document as The Company.

Important Notice
Guarantee

The Company offers no warranty on uptime of server or website hosted using The Company's hosting service or The Company's vendor that has been appointed by The Company. This goes the same to domain name registration, SSL Certificate, reseller hosting, VPS, dedicated hosting and other services.

Agreement

The Company will advertise The Company on their website in any way or shape or form which see The Company's brand name as a service provider or in exchange for services rendered or bartered transactions between Clients and The Company. Clients are allowed to use the service for business/commercial or personal websites or content. If any of the quotation which is not signed and stamped will be considered as void. Services that The Company provides will only as is typed in the quotation or invoice emailed or given to Clients. Whatever services rendered that is not in the quotation or Invoice given or emailed to Clients prior or after the service has been rendered will be billed accordingly. Clients will pay the amount billed by The Company stated on the Invoice accordingly. Clients would have read this agreement upon signing the quotation or purchase any kind of service from The Company online or offline. This Acceptable Use Policy (AUP) and Terms & Condition (T&C) will be considered as have been read, understood and agreed upon Clients confirmation of Quotation or Client's online or offline purchase of any services rendered.

Contents

All services provided by The Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysia (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless The Company from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links are Adult Websites, Pirated software, Hacking programs or archives Warez Sites, Illegal MP3's or MP4's or Videos or FLV formats. Quick Rich Schemes, Forex related websites, Spamming Software Scamming, Phishing & Gambling, Virus, Malware, Adware & Harmful Contents, Background Running Programs. We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Shared Hosting Banned Scripts and Contents. You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, The Company reserves the right to disable the account pending client cooperation and resolution.

Distribution and/or Transmission of Obscene or Indecent Speech or Material Violation of indecency and obscenity laws can result in criminal penalties.Scripts banned on Shared Hosting but can be run on Dedicated Server:

Although chat servers/scripts, banner exchanges and cgi-based forum are banned by Shared Hosting package, we do provide dedicated server service for our clients to run this type of scripts.

Disk Space

The storage capacity provided with the hosting plan you have purchased is defined as disk space. It is used in order place content such as your web pages, databases and email accounts. You can not use the provided disk space as backup storage, medium for file transfer (via FTP, HTTP and etc.), or file sharing storage except in dedicated hosting. In order to use this space for shared hosting, you have to respect the following conditions:

You may only store your website's content. It is forbidden to use it for personal or unrelated pieces of data that are not part of your website. If The Company detects you are using the disk space for other purposes, The Company can end the hosting contract and terminate your account. Bandwidth and Data Transfer The bandwidth used by your websites and the data transfer are limited by system resource usage. The Company could step in to suspend or terminate your account if your bandwidth usage causes latency or problems to other customers. We do not allow any kind of media download websites, especially websites that exist specifically to enable people to download files (such as program, scripts, audio, videos, ROMs, emulators, cheats, torrents etc.).

System Resources

The most important limitation of a shared web hosting service is the resources allocation. System resources are mainly CPU and RAM, which are used by software and your websites. The Company limits its customers to a 10% system resource usage. It is a maximum of 10% of the total system resources that can be used by a single customer. That applies to all clients hosted on the same server. If your account uses too much system resources, The Company's support staff will notify you.

In this situation, you have 2 (two) solutions. You can fix the situation by using less system resources or you can migrate to a dedicated server. In some cases, where the use of resources would reduce the availability of services to other customers, your site could be temporarily suspended or moved to an independent server for a period of up to 1 week so you can fix the situation. You may not use any system resources or our services to offer any free services including but not limited to free hosting, free email service, free application hosting, free websites, free blogging service, and free image hosting. You may not use database service provided for your shared hosting account to serve any external application not hosted in our web servers. However, you may use database management software such as MySQL Workbench to manage your databases remotely. These rules are written to prevent misuse of the The Company’s offers (bandwidth, disk space and system resources) in order to give assure your entire satisfaction using the amazing The Company web hosting offers. These rules are in place to avoid any abuse of service (bandwidth, disk space and system resources) in order to assure your entire satisfaction using the amazing The Company web hosting offers.

Intellectual Property Rights

Material accessible to you through The Company's Services may be subject to protection under the Malaysia (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the The Company's Service, brands or trademarks and logos in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the The Company's Network. If you use a domain name in connection with the The Company's Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer. Defamatory information is not allows in all of our service and we are not responsible for any damages caused.

Refusal of Service

The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of The Company's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Hostings which have been granted for customers paying annually are released to the customer at the end of there hosting period. Hostings terminated due to policy violations will not be released to the customer.

Abuse

Any attempts to undermine, slander, libel, insult, threaten, or cause harm to a The Company's server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, The Company will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold The Company (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against The Company, 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 The Company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Company's server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and
(3) copyright infringement. Customer agrees to limit the liability of The Company to the amount paid for service.

Refund and Cancellation Policy

For payment, The Company accepts MasterCard, Visa, bank transfer, money order, cash and cheque deposit. The Company invoices exclusively via e-mail. The Company does not send out invoices via postal services. You may cancel your account within 7 working days after subscription to any of the The Company's service. You will receive no refund of any monies already paid to The Company. Refunds will be given at the discretion of the company management. The following methods of payments are non-refundable, and refunds will be credited to your account or given in Cash Voucher form within 4 weeks after refund has been approved by The Company:

Bank Transfer
ATM
Cash or Cheques Deposit
Money Order

The Company reserves the right to arbitrate and delimit on a per-situation basis the extent to which this guarantee applies, and may, in the case of abuse of The Company's services on the part of customer void guarantee. Accounts violating our Terms and Conditions do not qualify for the thirty (30) days money back guarantee. Only first time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused.

Cash Voucher

Cash Voucher that's given out to users or the Customers can be used for purchasing any other products and services provided by The Company.

Late Payment

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 3 day grace period after which the account is put on suspension. You will receive a payment reminder everyday from the start of your payment due date. If after 7 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a RM50 reactivation fee as well as payment of the balance due in full. For late payments please email billing department to arrange payment.

Cancellation

No cancellation of subscription will be allowed unless the cancellation is written to us within 7 working days from the date of your subscription. All emails should be forwarded to us to kpchost@gmail.com

Disclaimer

The Company will not be responsible for any damages your business may suffer. The Company makes no warranties of any kind, expressed or implied for services we provide. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company and its employees. The Company makes a 99.99% uptime no guarantee. The Company keeps backups of key server systems only. The Company can accept no responsibility for any loss of data or consequences arising from this. The Company always advises clients to back up their site data regularly for its own protection. The Company furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of The Company. A customer's failure to comply with those laws will violate this policy. If a reseller provides hosting services to others and decides to cancel their reseller hosting account with The Company, then The Company will not be responsible for maintaining hosting for the resellers customers.

Finally, The Company wishes to emphasize that in accepting services, customers indemnify The Company for the violation of any law or The Company policy, that results in loss to The Company or the bringing of any claim against The Company.This means that if The Company is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against The Company, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. The Company reserves the right to change, edit, or update the policies contained in this document, along with the content on our website including the prices on our services at any time for any reason without notice. This Acceptable Use Policy (AUP) and Terms & Condition (T&C) is an online statement that has to be read by visitor or Clients of The Company.

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