K8ight user's Terms & conditions

K8IGHT WEB SERVICES USER'S TERMS & CONDITION

Version 1.5, September 2023.

» 4no, Keshabpally, Ashokenagar,North 24 Parganas,West Bengal ,INDIA.

» This Terms Includes IPC sections under INDIAN JUDICIARY.

» In case of violation contact support@k8ight.in, k8ightwebservices@gmail.com.

» Modifying This without the Company's knowledge is not allowed.

Preamble:
Welcome to k8ight web services! We are delighted to have you as a user of our services. These Terms of Service (the "TOS") are a legal agreement between you and k8ight web services, governing your use of our website, mobile applications, and any other services we provide (collectively referred to as the "Services"). By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully.
In these Terms, "you" and "your" refer to the user of our Services, and "we," "us," and "our" refer to k8ight web services. These Terms outline your rights and responsibilities as a user and our rights and responsibilities as a service provider.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.These Terms cover important topics such as your privacy, acceptable use of our Services, intellectual property rights, and dispute resolution. It is essential that you understand and agree to these terms before using our Services.
WE reserves the right to modify, amend, or update these Terms at any time without prior notice. Changes to these Terms will be effective when posted, and your continued use of our Services after any changes have been made constitutes your acceptance of the revised Terms.
Refund Policy:
On payment Unsuccessfull and if money already debited from the account it will be credited back to customer's account under 2-7 business days or on terms with the payment gateways.We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Contract Breach:
If the customer becomes threat actor on basis of Our Terms and conditions, No refund on remaining days/months/years will be issued.
Return / Terminaion:
For prepaid monthly vps/clouds users no refund will be made on user termination of our services at anytime.But for prepaid yearly users refund of the remaining months will be made on user termination.At any given cases Refund of the pre closure on running months will be made.
Privacy Policy:
We collect user personal info like Phone / email/ govt ID and address.We do not store user bank/ card details in our servers.Our third party payment gateways can store user data diffarently as their terms.Data are cryptographically securely stores on our servers and Data is not shared between partners / other companies / govt or legal entities
Abuse:
Prohibited are sites that promote any illegal activity or present content that may be damaging to our servers, or any other server on the Internet. Links to such materials are also prohibited.

Server Abuse:
Any attempt to undermine or cause harm to a server or customer of us are strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Obscene Speech or Materials:
Using our company's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. This Company is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using our company's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language to any person or compnay or religion or country. Is strctly prohibited and Account will be deleted without any refund.

unacceptable content or usecases:
- CPU/Resource Intensive Programs
- Blockchain masternode
- Denial of Service Attacks
- Spamming / Email Marketing
- Hacking / Cracking
- Transmissiong or storage of any data or material that is in violation or regulation of any law is prohibited. This includes but not limited to: copywritten material, trademarks, or any other illegal content including: MP3s, Movies, Pirated Software, and Hacker Programs.
- Warez, image/file dumps, mirrors
- Sale of controlled substances
- IP Scanning, bruteforce programs and spam scripts
Traffic Usage:
Plans that include shared unmetered bandwidth are shared among by several customers. With such, acceptable use of the shared unmetered port is expectetd to be utilized in a way that does not cause problems or interfere with other clients. Maximum sustained expected utilization is about 30% of the port capacity. Extreme usage may result in port rate limiting or traffic shaping. Please contact us if you are interested in obtaining a dedicated port plan.
Refusal of Service:
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability:
We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our unmanaged servers going off-line or being unavailable for any reason whatsoever. Furthermore, We shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the data corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward this Company, but trying to disrupt service of this company's subscribers. Also, . When a complaint is received, This company will investigate and shutdown the account that is SPAMING and take legal actions also. A INR Rs. 1,00,000 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore This Company reserves the right to prosecute for this violation.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.Or any type of misrepresenting headers/informations of the transport layer in the OSI MODEL is prohibited
Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).Our company will take actions with the help of the LAW Enforcements
Distribution of Internet or Other DIGITAL Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.Our Company Will Enforce monetary penalty after initial investigation
Illegal Activities:
Engaging in activities that are determined to be illegal under INDIAN JUDICIARY , including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software and Torrenting.
Banned Activities:
Which
- Involves spamming, mailservers, or mass marketing of any kind, or any type of investment/lottery sites.
- Involves brute force and other vulnerability-checking programs, even if for security purpose.
- Involves traffic exchange / relay websites or Services, including autosurf sites, TOR nodes, open public proxies, and topsites list(Not includes CDN in this list/Can use our servers as CDN);
- Involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc);
- Involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
- Involves constantly receiving attacks on Customer’s Services or failure to secure Services properly;
- Involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts.
- Involves running a program/script that is designed to use maximum CPU (such as cryptocurrency miners) and not a general fixed amount equal or lesser to the processing power assigned to your service.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber.Our Company will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with our Company's policy or applicable law. However, when we becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Our Company.

We are also aware that many of its subscribers are themselves providers of Internet services, and that information reaching our facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Our Company does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Our Company reserves the right to directly take action against a customer of its subscribers. Also, We may take action against our subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, We anticipates that subscribers who offer Internet services will cooperate with us in any corrective or preventive action that our company deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Our policy.

Our Company will(shall/might/is) not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Our company may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also,Our Company may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Our Compnay assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, We may disclose subscriber information or information transmitted over its network where necessary to protect us and others from harm, or where such disclosure is necessary to the proper operation of the system. However,We will(shall/might/are) never sell information to other services or outside companies. We expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Our policy. Finally, We wishes to emphasize that, in signing the Service Agreement, subscribers indemnify us for any violation of the Service Agreement, law or our policy resulting in loss to US or the bringing of any claim against Us by any third party. This means that, if we are sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Us, plus costs and reasonable attorney's fees with fine of INR Rs.1,00,000.

We hope this AUP is helpful in clarifying the obligations of Internet users, including US and our subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support@k8ight.com
Corporate Entity:
All Corporate Entity(including undertakeing or authorised persons) need to follow All of the Enforcemnts included in this doccument with Indian Company Act 2013.
Billing:
Accounts will not be activated until the first months payment is received and the account is verified. Users will receive invoices via email at least one week prior to the service due date. Invoices must be paid on or by the date of the invoice. Failure to pay the invoice on time will result in account suspension. Accounts that are past due are subject to termination. If an account is terminated all data will be terminated and will not be recoverable. We are not responsible for any data loss due to non-payment Additional verification for orders paid via credit card may be required. Verification includes a copy of the photo ID(Adhar card/ passport/voter's ID / Driving License Only) and credit card used at the time of purchase. If the account is not verified we reserve the right to cancel the order. All credit card payments are billed automatically on the service due date.
Late Fee:
Payments are considered past due 1 day after the due date(usually 7th day of the each month). Accounts that become past due(7th day of each month) are subject to a 0% late fee that will be applied to the service invoice until 7th day of each month, past that date services will be deleted parmamently.
Recurring Payment:
By the Account Activation Date of each month, WE shall either:
(1) debit the client's credit card (when such information has been provided by the client);
OR
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to us by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Violations :
Violations of these Acceptable Use Policies should be referred to support@k8ight.in All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation & Legal procedures.
Terms Of service(TOS):
All services provided by Us("K8ight Web Services") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Indian state or city 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 us from any claims resulting from the use of service which damages the subscriber or any other party. We are not responsible for any damages your business may suffer.We makes no warranties of any kind, expressed or implied.We are not responsible for any loss of data or damages due to service interruptions.
TOS Disclaimer:
We cannot be held liable for unmanaged system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Us. Moreover, We holds no responsibility for the use of our client side account handeling. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any legal reason without restitution, as we sees fit.
TOS & Policy Agreement:
By activating your account with us, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem. We reserves the right to amend any or all of the above policies, guidelines and disclaimer with notification. We also retain the right to increase any pricing and make changes to our account plans without notification(Notification to Prior long-term customers only).

K8IGHT WEB SERVICES USER'S TERMS & CONDITION

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