Terms & Conditions

Terms & Conditions

Policy and Service Guidelines

Kylin Infotech provides web hosting, design, development and other online services to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on Kylin Infotech servers. Violation of these may result in termination/suspension of the account without prior notice.

Ethical Issues

We reserve the right to refuse to provide services for a website or related services which does not accord with our ethical policy or that we judge to be unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to India or other relevant national or local laws or regulations.

Database, Application and E-Commerce Development

Kylin Infotech cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on servers not provided by Kylin Infotech, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Kylin Infotech before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Kylin Infotech will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Copyright

All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Kylin Infotech or otherwise used by Kylin Infotech as permitted by law.

In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.

Disclaimers and Limitation of Liability

The Website is provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, Kylin Infotech will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.

Kylin Infotech makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Payment of Accounts

A 50% deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by Kylin Infotech on behalf of the client are payable in advance and are non-refundable.

It is the Kylin Infotech policy that any outstanding accounts for work carried out by Kylin Infotech or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Kylin Infotech . If accounts are not settled or Kylin Infotech has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.

Hosting

All services provided by Kylin Infotech may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Kylin Infotech 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 Kylin Infotech servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Kylin Infotech 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 Kylin Infotech 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
  • Any Site that consumes 5% or more of system resources.
  • Pornography of any form

The sites that will often require 5% or more of systems resources includes: domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running chat rooms, IRC Chats, Greeting Cards sites, mass mailing etc.

If your usage ever exceeds five percent (5%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds 5 GB of bandwidth traffic can be terminated without prior notice.

Kylin Infotech will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email

Spamming, or the sending of unsolicited email (any mail for which the recipient has not asked for) from Kylin Infotech server, promoting a web site hosted by Kylin Infotech by spamming from some other source or using an email address or domain that is maintained on Kylin Infotech servers as reference is STRICTLY prohibited. Kylin Infotech will be the sole arbiter as to what constitutes a violation of this provision and can terminate/suspend any account without prior notice.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Kylin Infotech is strictly prohibited.

Backups

Backups are made for server restoration purposes only. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the clients' responsibility to maintain local copies of their web content and any other information. If loss of data occurs, Kylin Infotech will attempt to recover the data but does not guarantee its recovery.

IP addresses

Kylin Infotech maintains, controls ownership of any and all I.P. addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP addresses.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of Kylin Infotech must adhere to the above policies.

Recurring Billing:

We DO NOT send out invoices. It is the client’s responsibility to ensure that they make the payment before the expiry of their hosting period. In the event we do not receive the payment before the expiry of hosting period, the account will be deactivated and any accounts under that account plan will also be deactivated.

Account Deactivations:

Any account deactivated due to non-payment will be reactivated on payment of a reactivation fee of $10.00 apart from other dues prior to reactivating the account.

**Please note: Domain Name Registration fees WILL NOT be refunded.**

Limitation of Liability

Kylin Infotech shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Kylin Infotech servers going off-line or being unavailable for any reason whatsoever. Furthermore, Kylin Infotech shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of Kylin Infotech servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to info@kylintech.in

All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Account Activation

Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer of Kylin Infotech.

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

FURTHERMORE, Kylin Infotech retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts.

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