KPS SYSTEMS

TERMS OF SERVICE & ACCEPTABLE USE POLICY

Website: kpssystems.co.in Support: support@kpssystems.co.in Sales: sales@kpssystems.co.in Billing: billing@kpssystems.co.in

Effective Date: [Insert Date] Last Updated: [Insert Date]

1. GENERAL

These Terms of Service and Acceptable Use Policy (“Terms”, “TOS” or “AUP”) constitute an agreement between KPS SYSTEMS (“KPS SYSTEMS”, “KPS”, “we”, “us” or “our”) and the person or entity purchasing, accessing or using our services (“Customer”, “User”, “Account Holder”, “Member” or “Subscriber”).

KPS SYSTEMS provides internet-based services including, but not limited to, web hosting, reseller hosting, VPS and dedicated server services, domain registration and related IT services.

By ordering, activating, accessing or using any KPS SYSTEMS service, you acknowledge that you have read, understood and agreed to these Terms.

If you do not agree to these Terms, you must not purchase or use our services.

2. ELIGIBILITY AND SERVICE AVAILABILITY

KPS SYSTEMS currently accepts service orders from customers within India.

Orders submitted from outside India may be declined at KPS SYSTEMS’s discretion.

KPS SYSTEMS reserves the right to refuse an order or service request where required for security, fraud prevention, operational, legal, regulatory or business reasons.

3. ACCOUNT REGISTRATION AND CUSTOMER INFORMATION

Customers must provide accurate, complete and current information when creating an account.

The customer is responsible for maintaining accurate:

• Name and company information
• Billing information
• Telephone number
• Email address
• Domain registration information
• Service contact information

Customers must maintain an email address that is accessible independently of the domain being hosted with KPS SYSTEMS wherever reasonably possible.

KPS SYSTEMS may use the registered email address to communicate regarding:

• Account administration
• Billing
• Service notifications
• Security issues
• Abuse complaints
• Domain matters
• Suspension or termination
• Technical matters
• Important policy changes

Customers are responsible for ensuring that their registered contact information remains current.

Providing false, misleading or fraudulent information may result in cancellation, suspension or termination of services.

For certain services or high-risk transactions, KPS SYSTEMS may request additional identity, business or payment verification documents where reasonably required for fraud prevention, compliance or security purposes.

4. ACCOUNT SECURITY

Customers are responsible for maintaining the confidentiality of their usernames, passwords, API credentials, control-panel credentials and other authentication information.

Customers are responsible for all activity performed through their accounts unless they can demonstrate that the activity occurred without their authorization and despite reasonable security measures.

Customers must:

• Use strong and unique passwords.
• Keep passwords confidential.
• Keep applications and software updated.
• Remove unused applications and scripts.
• Use appropriate file and directory permissions.
• Secure administrator accounts.
• Notify KPS SYSTEMS promptly of suspected unauthorized access.

If an account is compromised because of weak, reused or exposed credentials, KPS SYSTEMS may temporarily restrict access until the security issue has been addressed.

5. ACCOUNT ACTIVATION

Services are normally activated after payment has been received and the order has successfully completed any applicable fraud, security or verification checks.

KPS SYSTEMS reserves the right to delay, reject or cancel an order where an order appears fraudulent, suspicious, incomplete or otherwise inconsistent with our service policies.

6. SERVICE TRANSFERS AND MIGRATION

KPS SYSTEMS may assist customers with transferring websites or other data from another hosting provider.

Migration assistance is provided on a best-effort basis and is not guaranteed.

Hosting environments differ in configuration, software versions, control panels, database systems and file structures. Some services or applications may therefore be difficult or impossible to migrate.

KPS SYSTEMS is not responsible for incompatibilities, missing functionality or data loss resulting from the customer’s previous hosting environment.

Customers remain responsible for maintaining an independent backup before requesting a migration.

7. UNLIMITED HOSTING AND FAIR USAGE

Where a hosting plan is marketed as “Unlimited”, the term refers to the absence of a fixed quota for certain resources and does not mean unlimited use of server CPU, RAM, disk I/O, database resources, email resources, processes or other shared infrastructure.

Unlimited hosting remains subject to:

• Fair and reasonable usage.
• Server stability.
• Resource limits applicable to the service.
• Inode/file-count limits.
• Security requirements.
• Acceptable Use Policy.
• Prohibited activity restrictions.

An account that continuously consumes excessive resources or negatively affects other customers or the stability of the server may be restricted, suspended or terminated.

KPS SYSTEMS may request that the customer reduce resource usage or migrate to a more appropriate service.

8. ACCEPTABLE USE POLICY

All KPS SYSTEMS services must be used for lawful purposes.

Customers must comply with applicable laws and regulations of India and any other applicable jurisdiction.

Customers must not use KPS SYSTEMS infrastructure to:

1. Commit or facilitate illegal activities.
2. Distribute malware, viruses, ransomware or malicious software.
3. Conduct phishing or credential theft.
4. Attempt unauthorized access to computer systems or networks.
5. Conduct denial-of-service or distributed denial-of-service attacks.
6. Scan or probe networks without authorization.
7. Conduct brute-force attacks.
8. Distribute pirated software or copyrighted material without authorization.
9. Host fraudulent or deceptive websites.
10. Operate scams or impersonation services.
11. Send unsolicited bulk email or spam.
12. Host material designed primarily to facilitate abuse of third-party systems.
13. Host counterfeit goods or services.
14. Operate unlawful financial or investment schemes.
15. Operate unlawful gambling or lottery services.
16. Sell or distribute controlled or prohibited substances without required legal authorization.
17. Host child sexual abuse material or any other unlawful sexual content.
18. Host content that unlawfully threatens, harasses or targets individuals or groups.
19. Use KPS SYSTEMS infrastructure for unauthorized cryptocurrency mining or similar resource-intensive activity.
20. Engage in any activity that creates a security, legal or operational risk to KPS SYSTEMS or its customers.

KPS SYSTEMS may remove, disable, restrict or suspend content or services where reasonably necessary to enforce this policy.

9. COPYRIGHT AND INTELLECTUAL PROPERTY

Customers must have the necessary rights, licenses or permissions for all content uploaded, stored, transmitted or published through KPS SYSTEMS services.

This includes:

• Software
• Images
• Videos
• Music
• Documents
• Text
• Logos
• Trademarks
• Databases
• Website content

KPS SYSTEMS does not permit the unauthorized hosting or distribution of copyrighted material.

Where KPS SYSTEMS receives a valid complaint regarding alleged copyright or intellectual-property infringement, it may investigate and take appropriate action, including disabling access to the disputed material where required.

Repeated or serious infringement may result in suspension or termination.

10. E-COMMERCE AND ONLINE BUSINESS

Legitimate e-commerce websites and online businesses are permitted unless restricted by the applicable hosting plan or another provision of these Terms.

Customers must not operate websites involving:

• Fraudulent transactions
• Counterfeit products
• Illegal goods
• Unauthorized financial services
• Phishing or fake payment pages
• Deceptive business practices
• Unlawful gambling
• Prohibited products or services

Customers are solely responsible for complying with applicable laws, consumer requirements, taxation requirements, payment-provider requirements and other regulations applicable to their online business.

11. EMAIL AND ANTI-SPAM POLICY

KPS SYSTEMS maintains a zero-tolerance policy toward spam and unsolicited commercial communications.

Customers must not use KPS SYSTEMS services to send or facilitate:

• Unsolicited bulk email
• Spam
• Email bombing
• Malware campaigns
• Phishing email
• Fraudulent email
• Unauthorized mailing lists
• Unlawful bulk messaging
• Messages sent using forged or misleading sender information

Customers must ensure that email recipients have provided the appropriate consent where required by applicable law.

A website advertised through spam may also be subject to suspension even if the spam originated from another network.

If a customer’s activity causes KPS SYSTEMS IP addresses or infrastructure to be blacklisted, KPS SYSTEMS may suspend or restrict the affected service.

KPS SYSTEMS may charge reasonable costs directly attributable to investigating and resolving a substantiated abuse incident or IP blacklist event where permitted by the applicable service agreement.

12. RESOURCE USAGE

Customers using shared hosting services must not continuously consume excessive server resources.

Prohibited activities include, but are not limited to:

• Excessive CPU consumption
• Excessive RAM consumption
• Excessive disk I/O
• Uncontrolled database activity
• Resource-intensive background processes
• Stand-alone server daemons
• IRC servers or IRC bots
• BitTorrent clients or trackers
• Peer-to-peer file-sharing applications
• Gaming servers
• Unauthorized network scanners
• Brute-force applications
• Excessive automated crawling
• Activities that adversely affect server stability

Scripts or processes that continuously consume excessive resources may be terminated or restricted.

Where appropriate, KPS SYSTEMS may request that the customer optimize the application or move to a more suitable hosting plan.

13. CRON JOBS AND AUTOMATED PROCESSES

Shared hosting accounts must not run cron jobs at intervals shorter than 15 minutes unless specifically authorized by KPS SYSTEMS.

Customers must ensure that automated scripts do not create excessive resource consumption.

Automated processes that cause excessive load may be disabled.

14. FILE STORAGE AND BACKUP USE

Shared hosting accounts must not be used primarily as general-purpose file storage, backup repositories or file-distribution platforms.

A limited backup copy of the customer’s own hosting account may be permitted where supported by the applicable hosting environment.

Customers must maintain their own independent backups of important data.

15. INODE AND FILE-COUNT LIMITS

Each file, email and similar filesystem object consumes filesystem resources.

Accounts using excessive numbers of files may affect server performance.

KPS SYSTEMS may issue a warning where an account exceeds approximately 50,000 inodes on plans where such limits apply.

Accounts exceeding approximately 100,000 inodes may be subject to additional restrictions, including removal from certain backup systems where applicable.

Customers may be required to remove unnecessary files, emails, caches, temporary files or other excessive filesystem objects.

16. BACKUPS AND DATA LOSS

KPS SYSTEMS does not guarantee that customer data can be restored following accidental deletion, account suspension, termination, software failure, security incidents, hardware failure, maintenance or any other event.

KPS SYSTEMS may maintain limited backup, replication or recovery systems for operational and disaster-recovery purposes. Such systems should not be considered a substitute for the customer’s own independent backups.

Where a specific hosting plan includes a defined backup service, the backup terms applicable to that plan will govern.

Customers remain solely responsible for maintaining current independent backups of:

• Website files
• Databases
• Emails
• Application data
• Configuration files
• Customer-generated content
• Other important information

KPS SYSTEMS shall not be responsible for loss of data where the customer has failed to maintain appropriate independent backups, except to the extent liability cannot lawfully be excluded.

17. BANDWIDTH

Bandwidth allowances vary according to the customer’s hosting plan.

Where a service has a defined bandwidth allowance, exceeding that allowance may result in:

• Additional charges
• Temporary suspension
• Bandwidth restriction
• Upgrade requirements
• Termination where excessive or abusive usage continues

Unused bandwidth does not carry forward to subsequent billing periods unless expressly stated otherwise.

18. PAYMENTS AND BILLING

Customers agree to pay all applicable service charges in advance unless otherwise agreed in writing.

Services may be billed on a recurring basis according to the selected billing period.

Customers are responsible for ensuring that invoices are paid on time.

KPS SYSTEMS currently provides a grace period of up to 10 days from invoice generation, unless a different period is specified for a particular service.

An overdue invoice may result in:

• Late fees
• Service suspension
• Restricted access
• Non-renewal
• Termination

Services may remain billable during a suspension period unless the service has been formally cancelled according to the applicable cancellation procedure.

KPS SYSTEMS reserves the right to refuse new orders or service upgrades where an outstanding balance remains unpaid.

19. DOMAIN REGISTRATION AND RENEWAL

Customers are responsible for ensuring that their domain registration information is accurate and current.

Domain renewal notices are provided as a courtesy where applicable.

Customers remain responsible for renewing domains before their expiration date.

KPS SYSTEMS is not responsible for domain loss resulting from:

• Expired domains
• Incorrect contact information
• Failure to receive renewal notices
• Failure to make payment
• Registrar restrictions
• Customer failure to respond to renewal communications

Domain registrations, transfers and renewals are subject to the rules and policies of the applicable domain registry and registrar.

20. CANCELLATION

Customers may request cancellation by sending an email from the registered account email address to:

support@kpssystems.co.in

The cancellation request may be required to confirm:

1. The customer’s identity.
2. The service to be cancelled.
3. That the customer understands that service data may be deleted after cancellation.
4. That the customer has taken any required backup.

Cancellation does not automatically cancel outstanding invoices or charges already incurred.

Customers should obtain written confirmation of cancellation.

21. REFUNDS

Refund eligibility depends on the type of service purchased.

Unless otherwise stated in writing:

Generally non-refundable services include:

• Domain registration
• Domain transfer fees
• Domain renewal fees
• Dedicated servers
• Reseller hosting plans
• Administrative fees
• Setup fees
• Custom software installation fees
• Other third-party charges
• Services excluded from the applicable refund offer

Eligible shared hosting plans may qualify for a limited money-back period as specified on the relevant product or order page.

Where a 7-day money-back guarantee is expressly offered for an eligible shared hosting plan, the request must be submitted within the applicable seven-day period.

Refunds may be denied where:

• The account has violated these Terms.
• The service was used for abuse or illegal activity.
• The account was suspended for policy violations.
• The customer has previously used the refund guarantee where restricted.
• The account is not eligible under the applicable plan.
• Third-party or payment-processing charges are non-refundable.

Where a refund is approved, payment-gateway or transaction-processing charges may be deducted where applicable.

The exact refund method and processing time may depend on the original payment method and payment provider.

22. SUSPENSION AND TERMINATION

KPS SYSTEMS reserves the right to suspend, restrict or terminate services where reasonably necessary due to:

• Non-payment
• Fraud
• Security threats
• Spam
• Malware
• Illegal activity
• Copyright infringement
• Excessive resource consumption
• Network abuse
• Violation of these Terms
• Risk to KPS SYSTEMS infrastructure
• Risk to other customers
• Lawful government or law-enforcement requirements

Where reasonably practicable, KPS SYSTEMS may provide notice and an opportunity to remedy a violation.

However, immediate suspension or termination may occur where necessary to protect KPS SYSTEMS, its customers, networks, systems or third parties.

Suspended or terminated accounts may not be entitled to data recovery.

23. RESELLER RESPONSIBILITIES

Resellers are responsible for their own customers and the activities performed under their reseller accounts.

KPS SYSTEMS does not normally provide direct support to reseller customers.

Resellers are responsible for:

• Supporting their customers
• Maintaining customer accounts
• Monitoring customer activity
• Enforcing acceptable-use requirements
• Ensuring customers comply with applicable laws
• Responding to abuse complaints

A reseller may be held responsible for activity conducted through its reseller account where permitted by applicable law and the reseller agreement.

KPS SYSTEMS may suspend a reseller account where activity under that account creates a security, legal or operational risk.

24. SHARED HOSTING AND VPS SERVICES

Shared hosting accounts may not be used to resell hosting services unless the customer has purchased an authorized reseller or other service designed for hosting resale.

VPS customers are responsible for managing and securing their VPS unless managed services have been specifically purchased.

Customers are responsible for maintaining appropriate backups of VPS data.

25. DEDICATED SERVERS

Dedicated-server customers are responsible for the administration, security and backup of their servers unless managed services have been purchased.

KPS SYSTEMS may perform security or administrative actions where reasonably required by:

• KPS SYSTEMS
• The data-centre provider
• Network security requirements
• Applicable law
• Emergency security conditions

Customers must maintain valid contact information and provide required administrative access credentials where necessary for the purchased service.

Dedicated servers are not guaranteed to include backups unless specifically stated in the applicable service agreement.

26. SERVICE AVAILABILITY

KPS SYSTEMS strives to provide reliable and continuous service.

Where applicable, KPS SYSTEMS targets up to 99.9% network and server uptime.

This is a service objective unless a specific written Service Level Agreement (“SLA”) expressly provides otherwise.

Service interruptions may occur because of:

• Scheduled maintenance
• Emergency maintenance
• Hardware failure
• Software failure
• Network failure
• Power failure
• Data-centre incidents
• Cyberattacks
• Internet routing problems
• Third-party service failures
• Events beyond KPS SYSTEMS’s reasonable control

KPS SYSTEMS does not guarantee uninterrupted service unless expressly stated in a separate SLA.

27. SECURITY MONITORING

KPS SYSTEMS may use reasonable technical and administrative measures to monitor and protect its systems and network.

Monitoring may be conducted for purposes including:

• Security
• Abuse prevention
• Network protection
• Fraud detection
• System administration
• Performance management
• Investigation of policy violations
• Compliance with lawful requests

Where necessary and permitted by law, KPS SYSTEMS may collect, examine, retain or disclose information relating to security incidents or suspected abuse.

Customers must not attempt to bypass, disable or interfere with KPS SYSTEMS security controls.

28. THIRD-PARTY NETWORK ACCESS

Customers must obtain appropriate authorization before accessing or testing systems, networks, applications or resources that they do not own or control.

Unauthorized:

• Port scanning
• Vulnerability testing
• Penetration testing
• Credential testing
• Network enumeration
• Brute-force attempts
• Exploitation

is prohibited.

KPS SYSTEMS may request evidence of authorization where suspicious activity is detected.

29. LAW ENFORCEMENT AND LEGAL REQUESTS

KPS SYSTEMS may cooperate with lawful requests from courts, government authorities, law-enforcement agencies and other legally authorized bodies.

Information may be disclosed where KPS SYSTEMS is legally required or otherwise permitted to do so.

KPS SYSTEMS may also take action necessary to protect its infrastructure, customers or third parties from unlawful or harmful activity.

30. SECURITY INCIDENTS AND COUNTRY/NETWORK RESTRICTIONS

KPS SYSTEMS may implement reasonable security controls, including:

• IP blocking
• Network filtering
• Geographic restrictions
• Rate limiting
• Firewall rules
• Web application firewall rules
• Automated security controls

where necessary to protect KPS SYSTEMS infrastructure or customers.

Such restrictions may be temporary or permanent depending on the nature and severity of the security threat.

31. INDEMNIFICATION

To the extent permitted by applicable law, the customer agrees to indemnify and hold harmless KPS SYSTEMS, its officers, employees, agents and service providers from claims, losses, liabilities, damages and reasonable costs arising from:

• The customer’s use of KPS SYSTEMS services
• Customer-provided content
• Copyright or intellectual-property infringement
• Illegal activity
• Customer products or services
• Customer’s violation of these Terms
• Customer’s violation of applicable law
• Activities performed by the customer’s users or clients

This provision does not apply to the extent a claim results from KPS SYSTEMS’s own liability that cannot lawfully be excluded.

32. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, KPS SYSTEMS provides services on an “as available” and “as is” basis unless otherwise expressly stated in writing.

KPS SYSTEMS does not guarantee that:

• Services will always be uninterrupted.
• Services will always be error-free.
• Websites or applications will operate without defects.
• Data will never be lost.
• Third-party software will remain compatible.
• Services will meet every particular business requirement.

Customers are responsible for determining whether a service is suitable for their intended use.

33. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, KPS SYSTEMS shall not be liable for indirect, incidental, special, consequential or exemplary damages, including loss of profits, business interruption, loss of anticipated savings or loss of data arising from the use or inability to use the services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

34. CUSTOMER CONTENT

Customers retain responsibility for content and data uploaded to KPS SYSTEMS services.

KPS SYSTEMS does not claim ownership of customer content merely because such content is hosted on KPS SYSTEMS infrastructure.

Customers grant KPS SYSTEMS the limited rights necessary to store, transmit, process and technically reproduce customer content solely for the purpose of providing the contracted services.

35. THIRD-PARTY SERVICES

KPS SYSTEMS may use third-party providers for services including:

• Data-centre infrastructure
• Domain registration
• Payment processing
• Network connectivity
• Security services
• Software licensing
• Email delivery
• Monitoring

Third-party services may be subject to their own terms and policies.

KPS SYSTEMS is not responsible for failures caused solely by an independent third-party provider, except where liability cannot lawfully be excluded.

36. TAXES AND GOVERNMENT CHARGES

Customers are responsible for applicable taxes, duties, government charges and other fees associated with their purchase where applicable.

KPS SYSTEMS may charge applicable taxes in accordance with Indian law.

37. CHANGES TO SERVICES AND TERMS

KPS SYSTEMS may modify, update or discontinue services, features, pricing or policies from time to time.

KPS SYSTEMS may also update these Terms when necessary due to:

• Changes in law
• Changes in technology
• Security requirements
• Business operations
• New services
• Changes in third-party services

The latest version published by KPS SYSTEMS will apply to future use of the services.

Where a material change is reasonably considered to affect existing customers, KPS SYSTEMS may provide notice through the registered email address, customer portal or website.

38. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and interpreted in accordance with the applicable laws of India.

Subject to applicable law, disputes relating to these Terms or KPS SYSTEMS services shall be subject to the jurisdiction of the competent courts having jurisdiction over KPS SYSTEMS.

Nothing in this section prevents either party from seeking urgent legal or equitable relief where permitted by law.

39. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision shall be limited or removed to the minimum extent necessary.

The remaining provisions shall continue in full force and effect.

40. NO WAIVER

Failure by KPS SYSTEMS to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision later.

41. ENTIRE AGREEMENT

These Terms, together with the applicable service order, product-specific terms, privacy policy, refund policy and any written agreement between KPS SYSTEMS and the customer, constitute the agreement governing the applicable services.

Where a specific written agreement conflicts with these Terms, the specific written agreement may take precedence to the extent expressly stated.

42. CONTACT INFORMATION

For questions regarding these Terms or KPS SYSTEMS services, customers may contact:

KPS SYSTEMS

Website: kpssystems.co.in

General / Support: support@kpssystems.co.in

Sales: sales@kpssystems.co.in

Billing: billing@kpssystems.co.in

ACCEPTANCE

By ordering, activating, renewing or using KPS SYSTEMS services, the customer confirms that they have read, understood and agreed to these Terms of Service and Acceptable Use Policy.

KPS SYSTEMS reserves the right to enforce these Terms in a manner reasonably necessary to protect its customers, infrastructure, network, employees, service providers and third parties.