Terms of Service

KayoteX Technologies provides services to clients all around the world. KayoteX Technologies has the responsibility to protect its clients and provide them with the best services available. The following guidelines were designed to ensure these services.

Payment for services

  • Customer agrees to pay for hosting services granted in advance of each monthly service term.
  • Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
  • Customer comprehends that all domain purchases are non-refundable.
  • Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Customers failing to secure payment within 10 days of notice will incur service interruption.
  • Kayotex reserves the right to terminate service immediately to any subscriber it considers, in its sole discretion, violates any condition of service including this Terms of Service.
  • If customer terminates his receipt of the services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, KayoteX will not refund to him any fees paid in advance of such termination and he shall be required to pay 100% of Kayotex’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided in these Terms.

Content

All services provided by KayoteX Technologies may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless KayoteX Technologies from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links:

  • Child Pornography
  • Pirated software
  • Hackers programs or archives
  • “Spamvertising” sites
  • Warez Sites
  • “Illegal MP3’s”

KayoteX Technologies will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage

KayoteX Technologies is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations are applied:

  • Sites with banners, graphics or cgi’s running from their domain being used on other domains.
  • Sites with immense graphic archives or galleries.
  • Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
  • Sites running large chat room gatherings.
  • Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, KayoteX Technologies may move your site to a different server, to reduce the load on the server you are currently residing… KayoteX Technologies will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time KayoteX Technologies may move your site to a different server, to reduce the load on the server you are currently residing…

Chat Rooms

KayoteX Technologies does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs

KayoteX Technologies may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs

KayoteX Technologies does allow Cron Jobs to be conducted on our servers.

IRC

KayoteX Technologies currently does not allow IRC or IRC bots to be operated on our shared servers.

Multiple Connections

Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts

KayoteX Technologies may disconnect any idle connection to the network.
Average timeouts are:

  • FTP – 300 seconds
  • Telnet – 2 hours

Commercial Advertising – Email

Spamming, or the sending of unsolicited email, from a KayoteX Technologies server or using an email address that is maintained on a KayoteX Technologies machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
KayoteX Technologies will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptiable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, this causes extreme server loads and prevents other people from accessing server services. Large mailings are preferred to be sent from the hours of 12AM – 8AM EST. Sites with large mailing databases, need to be placed on dedicated server or VPS platform.

Server Abuse

Any attempts to undermine or cause harm to a KayoteX Technologies server or customer of KayoteX Technologies are strictly prohibited. KayoteX Technologies will pursue legal action to the fullest extent for all abuse of the KayoteX Technologies Network.

Suspension/De-Activation

If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. KayoteX Technologies reserves the right to remove any account without prior notice. If KayoteX Technologies deactivates your account(s) for violating policy, your will forfeit your rights to a refund and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.