karaboga Net Group

Use of karaboga Net Group Service constitutes acceptance and agreement to karaboga Net Group's AUP as well as karaboga Net Group's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of karaboga Net Group and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Refund and Disputes:
All billing disputes must be reported within 14 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in karaboga Net Group's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay karaboga Net Group an "Administrative Fee".

Failure to Pay:
karaboga Net Group may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Limited Liability:
Customer expressly agrees that use of karaboga Net Group Hosting is at Customer's sole risk. Neither karaboga Net Group, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that karaboga Net Group's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the karaboga Net Group Server service.

Under no circumstances, including negligence, shall karaboga Net Group, its offices, agents or any one else involved in creating, producing or distributing karaboga Net Group's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use karaboga Net Group services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to karaboga Net Group's records, programs or services.

Customer hereby acknowledges that this paragraph shall apply to all content on the karaboga Net Group service.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract.

SPAM and Unsolicited Commercial Email (UCE):
karaboga Net Group takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of karaboga Net Group may not use or permit others to use our network to transact in UCE. Customers of karaboga Net Group may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

The Customer should use the email and other related services in full compliance with the terms below:

1. Each Customer's account is allowed to send a maximum of 30 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
2. Each email sent by the Customer should have NO more than 10 recipients. Sending a single email to more than 10 recipients simultaneously is endangering the overall server performance.
3. The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 10MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
4. The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 10MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
5. karaboga Net Group allows up to 20 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 20 times per hour is endangering the overall server performance.

First violations of this policy will result in an "Administrative Fee" and your account will be reviewed for possible immediate termination. A second violation immediate termination of your account. PLEASE, DO NOT SPAM from your Web Hosting account.

As our Customers are ultimately responsible for the actions of their clients over the karaboga Net Group network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IP Address Ownership:
If karaboga Net Group assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to karaboga Net Group, and Customer shall have no right to use that Internet Protocol address except as permitted by karaboga Net Group in its sole discretion in connection with the Services, during the term of this Agreement. karaboga Net Group shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by karaboga Net Group, and karaboga Net Group reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by RIPE's new policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.

Bandwidth, Disk Usage, DataBase, Server Memory and Domain service:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form and must be fairly distributed over the month. Sites that consume over our monthly limit on a regular basis period will be disabled and client must look into another Web hosting provider to accommodate those high bandwidth needs. Customers can only use domains which registered by karaboga Net Group. karaboga Net Group will monitor Customer's bandwidth and disk usage. Customer's account monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month. Additional traffic can be ordered for the given month, so that account suspension is avoided. No traffic can be transferred from month to month. karaboga Net Group shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in karaboga Net Group's sole and absolute discretion. If karaboga Net Group takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Customer's account disk space is limited in accordance with the Customer's hosting plan.

Customer should use the MySQL and Post-Gre database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy. The Customer account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance. The limitations listed below apply to each Customer’s account and failure by the Customer to comply with them will endanger the overall server performance:

1. No more than 20 simultaneous processes will be executed by the Customer's account at any given time.
2. No Cron Jobs with execution period shorter than 30 minutes will be executed from the Customer's account.
3. No more than 10 simultaneous connections from a single IP to the Customer's account are allowed.

In rare cases karaboga Net Group may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use. This is done only if the Company decides that there is enough evidence that the violation will not be repeated and after a payment of a 29,00 Euro re-activation fee.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of the karaboga Net Group Network. These violations include, without limitation:

1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:
karaboga Net Group is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which karaboga Net Group determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at karaboga Net Group's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation:
Users that karaboga Net Group determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation:
karaboga Net Group reserves the right to suspend network access to any customer if in the judgment of the karaboga Net Group network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which karaboga Net Group chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. The customer will not be credited for the time the customer's machines were suspended.

karaboga Net Group reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of karaboga Net Group must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. karaboga Net Group has the right to refuse service to any client at any time.

Indemnification:
karaboga Net Group wishes to emphasize that in agreeing to the karaboga Net Group Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies karaboga Net Group for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to karaboga Net Group or the bringing of any claim against karaboga Net Group by any third-party. This means that if karaboga Net Group is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against karaboga Net Group, plus all costs and attorney's fees.

30 Day Money Back Guarantee/Refunds:
The 30 day money back guarantee is not a trial. It's a guarantee of service that we had promised you. If you have become unsatisfied with our services with the first 30 days due to " service that we promised you but did not provide", will refund your hosting fee. If the issue is related to something that we did not promise you to provide then this 30 day money back guarantee will not apply.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by karaboga Net Group of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

karaboga Net Group takes no responsibility for any material input by others and not posted to the karaboga Net Group Network by karaboga Net Group. karaboga Net Group is not responsible for the content of any other websites linked to the karaboga Net Group Network; links are provided as Internet navigation tools only. karaboga Net Group disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

karaboga Net Group is not responsible for any damages your business may suffer. karaboga Net Group does not make implied or written warranties for any of our services. karaboga Net Group denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by karaboga Net Group.