The use of services from Kohli Hosting (Operating in India as Kohli Web Services Private Limited which is legally registered in India under Companies Act,1956) [hereafter referred to as "Kohli Hosting"] constitutes agreement to these terms. You may view our Privacy Policy also.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Kohli Hosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Kohli Hosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Please note that your signup date would be your billing date for recurring payments in case of bank deposits or delayed payments. For example, if you have signed up on the 2nd day of the month and did not pay for 8 days, the billing system would still generate your next invoice on the 2nd of the next month even though your account would be setup only after the payment has been received for the service. So we urge you to make payments without delay when using offline payment methods to avoid account setup delays.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Content

All services provided by Kohli Hosting may only be used for lawful purposes. The laws of the Indian Government apply.

The customer agrees to indemnify and hold harmless Kohli Hosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@kohli.tel with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Adult Websites Hosting X rated content including photos, videos, streams and links are not allowed by law on the Indian Servers. Hosting such content on the Indian servers would result in termination of your services without notice and the account won't be eligible for refunds of any kind due to the nature of the offence being serious.

Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the Indian servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.

WAP Websites Distributing Copyrighted Music,Games,Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.

Kohli Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Kohli Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Kohli Hosting system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Kohli Hosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on Kohli Hosting's service(s) are regulated only by Indian law.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@kohli.tel and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Kohli Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Kohli Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Kohli Hosting.

Ordering

All the orders will be placed on the secure website (SSL). When you click on "Buy Now" button, you will be redirected to the url https://secure.kohliproductions.com/KohliApp/ which is also operated by Kohli Hosting. You can even pay online for the services through Credit & Debit Cards, Netbaning and CashCards by EBS Payment Gateway Provider.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Payment Information

You agree to supply appropriate payment for the services received from Kohli Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Kohli Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via email to cancel@kohli.tel. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the email to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Kohli Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Kohli Hosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Kohli Hosting. Kohli Hosting reserves the right to bill your credit card or billing information on file with us. Kohli Hosting provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to Kohli Hosting for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at kohlihosting@kohli.tel after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Kohli Hosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at kohlihosting@kohli.tel for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact kohlihosting@kohli.tel.

Kohli Hosting reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Kohli Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Kohli Hosting servers.

Cancellations and Refunds

Kohli Hosting reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

It is the client's responsibility to maintain decency and politeness when communicating with our staff irrespective of any issues you have. Each of our communication channels are monitored with proper logs to trace any staff abuse by clients including verbal abuse using our phone system. We reserve the right to suspend or terminate your services without notice if you are found guilty of this offence. No refunds will be made in such cases irrespective of your signup date.

No refunds on Shared or Reseller hosting, SSL Certificates, Email Hosting, Dedicated Servers, administrative fees, install fees for custom software, or Domain Name purchases.

Violations of the Terms of Service will waive the refund policy.

Resource Usage

User may not:

  1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  6. Participate in any file-sharing/peer-to-peer activities
  7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  8. Run cron entries with intervals of less than 15 minutes.
  9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  10. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  11. To help reduce usage, do not force html to handle server-side code (like php and shtml).
  12. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Kohli Hosting 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 kohlihosting@kohli.tel with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Kohli Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. 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 clients'. Kohli Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

Dedicated Servers

Kohli Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Kohli Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact kohlihosting@kohli.tel if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on kohlihosting.com, and the right to increase the amount of resources given to plans at any time.

Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Kohli Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Kohli Hosting, 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 Kohli Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kohli Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Kohli Hosting's server.

Arbitration

By using any Kohli Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against Kohli Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Kohli Hosting's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

Disclaimer

Kohli Hosting shall not be responsible for any damages your business may suffer. Kohli Hosting makes no warranties of any kind, expressed or implied for services we provide. Kohli Hosting 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 Kohli Hosting and its employees.

Disclosure to law enforcement

Kohli Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Downgrades

Account downgrades are charged at INR 500/- plus service tax. Account downgrades are also not eligible for free transfers. Data transfer charges are applicable based on the size of data when accounts need to be moved between servers during downgrades.

Changes to the TOS

Kohli Hosting reserves the right to revise its policies at any time without notice.

Last Updated 01/01/2012

We, www.kohlihosting.com and https://secure.kohliproductions.com/KohliApp [hereafter referred to as "Kohli Hosting"] are committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy.

We are committed to protecting your privacy

We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. The purpose of this Privacy Policy to enable you to understand which personal identifying information ("PII", "Personal Information") of yours is collected, how and when we might use your information, who has access to this information, and how you can correct any inaccuracies in the information. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website.

Information Collected

We may collect any or all of the information that via both automated means such as communications profiles and cookies. Personal Information you give us depends on the type of service, support, or sale inqury, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will be transferred only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. All sensitive information is collected on a secure server and data is transferred . When transferring personal information a security icon will appear in your browser.

Information Use

This information is used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details. HostGator may email its monthly newsletter to the primary contact e-mail on file, but customers are able to opt out of this newsletter at any time.

Log Files

We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

Cookies

Your Internet browser has the in-built facility for storing small text files - "cookies" - that hold information which allows a website to recognize your account. We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Hostgator's website. More information about cookies can be found at http://en.wikipedia.org/wiki/HTTP_cookie.

Disclosing Information

We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to opt out from any mailing list or similar device. However, we may disclose aggregate, anonymous data based on information collected from users to potential partners, our affiliates, and reputable third parties. We take all available measures to select affiliates and service providers that are ethical and provide similar privacy protection to their customers and the community. We do not make any representations about the practices and policies about these companies.

Correcting/Updating Personal Information

If a customer's personally identifiable information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer's personal data in our records. In most cases, this can be achieved via our billing system at https://secure.kohliproductions.com/KohliApp/. Otherwise, please contact us at kohlihosting@kohli.tel

Opt Out & Modifications

By default, customers do receive any voluntary system updates, such as the newsletters, invoices, and mailings. Any customer who voluntarily receives these updates may unsubscribe at any time. Customers may not opt out of possibly receiving important system notifications, in the rare event that such notification would be necessary.

Security

Kohli Hosting uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. Kohli Hosting uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ("SSL") technology.

Data and Information Submitted to Another Person or Entity on Our Network

As mentioned above, Kohli Hosting collects certain data and confidential information from customers relating to our web site hosting and domain registration services, and this Privacy Policy applies only to that data and confidential information submitted to us. This Privacy Policy does not apply to, nor does Kohli Hosting regarding, data or confidential information that is submitted to another person or entity for whom Kohli Hosting may provide hosting or domain name registration services, but regarding which we exercise no authority or control. An independent evaluation of that person or entity's own privacy policy e should be made before submitting data or confidential information to them.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about Users upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.

Changes to this Policy

Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

Contacting Us

If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please email us at privacy@kohli.tel. You can also correct any factual errors in that information or require us to remove your details from any list under our control. You can also email us at privacy@kohli.tel.

Last Updated 14/02/2012