Terms of Use
Terms Of Use - Current Policies
KAYSEA CREATIONS WILL NEVER REQUIRE CLIENTS TO ADVERTISE FOR KAYSEA CREATIONS ON THEIR WEBSITES IN ANY WAY, SHAPE OR FORM. CLIENTS ARE ALLOWED TO USE THEIR SITES FOR BUSINESS/COMMERCIAL OR PERSONAL WEBSITES OR CONTENT.
Content
All services provided by Kaysea Creations 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 or International law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is with "adult only" content, or material, protected by trade secrets and other statute.
Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites, promoting any illegal activity, violence or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:
*Pirated software or MP3 files
*Hackers programs or archives
*Warez Sites
*Porn
*Spamming Software
Kaysea Creations will be the sole arbiter as to what constitutes a violation of this provision.
Disk Space
Kaysea Creations will monitor the customer's disk usage and if it exceeds the usage agreed upon, Kaysea Creations shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.
Refund Policy
Kaysea Creations offers an unconditional 30-day money-back guarantee on hosting services. If the customer wishes to cancel a hosting account within the initial 30-day period for any reason, he/she has to notify Kaysea Creations via e-mail () and the payment will be promptly refunded. Since all .com, .net, .org, .us, .biz and .info domains registered through our services cannot be refunded, they will be subject to a $10.00 annual domain registration fee. Therefore, if the customer purchased a hosting account with a domain registration, the domain registration fee will be deducted from the refund amount. As the customer is the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.
Kaysea Creations does not offer any partial or prorated refunds after the initial 30-day money-back guarantee period.
If a customer disputes a setup / renewal charge for any account, Kaysea Creations will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and any other transaction fees.
Accounts terminated due to policy violations will not be refunded.
Account Renewal Policy
Kaysea Creations does not renew accounts automatically. For the customer's convienience, Kaysea Creations will send a renewal reminder to the contact email address on file for the corresponding hosting account. The customer is ultimately responsible for renewing the hosting account through one of the options given by Kaysea Creations.
Customers are not allowed to open a second hosting account for a domain that is already hosted through Kaysea Creations. If the customer wants to continue hosting the specified domain with Kaysea Creations, he/she needs to renew the account using one of the renewal options given by Kaysea Creations.
Lost Login Information Policy
In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service.
If the contact e-mail address is outdated or incorrect, the customer should contact , who will conduct an investigation of the issue, and assign a new proper contact e-mail address. In this case, the dispute resolution policy may be applied.
Traffic Guidelines
Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased. In case of failure to cover the fees incurred by traffic overusage, Kaysea Creations reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case Kaysea Creations takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.
Chat Rooms
Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.
Background Running Programs
Programs running in the background are not allowed.
Resource Usage
To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:
Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
CPU usage limitations: Scripts that take too much real CPU time will be terminated.
Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.
Proxy Software
We do not allow running of proxy software on our servers.
Distribution and/or Transmission Of Obscene Or Indecent Speech Or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Materials, accessible to the customer through Kaysea Creations's services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use Kaysea Creations's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through Kaysea Creations's network. If the customer uses a domain name in connection with Kaysea Creations's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.
Network Security
Customers may not use Kaysea Creations's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Kaysea Creations will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamation
The customer may not host material that is: threatening or obscene;
offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
harmful to minors;
likely to cause damage to reputation of third parties.
Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Spam Or Unsolicited E-mail
The customer may not use Kaysea Creations's network, Kaysea Creations's equipment or Kaysea Creations's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer's domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Kaysea Creations's network, Kaysea Creations's equipment or Kaysea Creations's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.
In case sufficient evidence is presented about any violation of this provision, Kaysea Creations reserves the right to disable the customer's account without prior notice. For the purpose of acquiring such evidence, Kaysea Creations will use various techniques, including but not limited to: closely inspecting all spam reports sent to Kaysea Creations's anti-abuse department (abuse@Kaysea Creations.com), searching the logs of Kaysea Creations's mail servers, and scanning the server space for popular "spamming" applications. Kaysea Creations will be the sole arbiter as to what would be considered sufficient evidence.
Abuse
Any attempt to undermine, slander, libel, threaten or cause harm to Kaysea Creations's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
Indemnification
Customer agrees to indemnify, defend and hold harmless, Kaysea Creations, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.
Disclaimer
Kaysea Creations, at its sole discretion, may change these terms and conditions at any time. By using Kaysea Creations's services the user agrees that Kaysea Creations may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Kaysea Creations's web site, or on notification to the customer by e-mail. The customer agrees to review Kaysea Creations's web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying Kaysea Creations by e-mail or via the support web site (http://www.suresupport.com). Notice of the customer's termination will be effective on receipt and processing by Kaysea Creations. The customer agrees that, by continuing to use Kaysea Creations's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
The content available through this site is the sole property of Kaysea Creations and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Kaysea Creations-owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without Kaysea Creations's express prior written consent.
Refusal Of Service
Kaysea Creations reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, Kaysea Creations reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.
Kaysea Creations reserves the right at its sole discretion to refuse or cancel service. Violation of any of Kaysea Creations's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.
Limited Liability
THE CUSTOMER AGREES THAT KAYSEA CREATIONS SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF KAYSEA CREATIONS' SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO KAYSEA CREATIONS' WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY KAYSEA CREATIONS; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND KAYSEA CREATIONS' CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. KAYSEA CREATIONS ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF KAYSEA CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KAYSEA CREATIONS' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE RESELLER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, KAYSEA CREATIONS' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Last revision: Feb 27 2007.
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