Terms of Service Agreement

A. Khoza Technology Web Hosting and E-commerce Customer Restrictions

The following Terms of Use apply only to Khoza Technology’s web hosting and e-commerce customers, and supplement the terms in sections C that apply to all Khoza Technology customers:

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Khoza Technology will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting or E-commerce account deemed to be adversely affecting performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Khoza Technology’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Khoza Technology server, and selling or distributing software (on a web site residing on a Khoza Technology server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Khoza Technology reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Khoza Technology does not permit CGI script sharing with domains not hosted by Khoza Technology or any scripts that may be abused for UCE purposes.

Chat Rooms

Khoza Technology does not allow web hosting and e-commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Khoza Technology provides Java chat rooms that meet most users’ needs and run without hindering system performance.

Background Running Programs and Cron Jobs

Khoza Technology may allow programs to run in the background. These programs will be considered on an individual basis and web hosting and e-commerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Khoza Technology at support@khoza.com so that we can arrange set-up.

IRC

Khoza Technology does not allow IRC or IRC bots to be operated by web hosting and e-commerce customers.

Software Distribution

Khoza Technology’s web hosting and e-commerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@khoza.com to make special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Khoza Technology web hosting and e-commerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeCds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on Khoza Technology’s web hosting and e-commerce servers will be limited in size to 10% of the total disk space allotted for that particular domain’s plan/web hosting account.

B. Khoza Technology Dedicated Server Customer Restrictions

The following Terms of Use apply only to Khoza Technology’s dedicated server customers, and supplement the terms in sections C and D that apply to all Khoza Technology customers:

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.

IRC

Khoza Technology allows dedicated server customers the use of IRC inside the Khoza Technology network as long as the use of IRC on a Khoza Technology server does not violate any of the other terms of these TOU. As a policy, Khoza Technology will not provide vanity IRC reverse DNS records. To enforce this policy Khoza Technology does not turn the reverse address of IPs over to the customer. Authority over this information remains with Khoza Technology.

Billing for Network Resources

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

C. All Khoza Technology Customer Terms of Use

The following Terms of Use apply to ALL Khoza Technology customers:

Khoza Technology Services

Khoza Technology’s services include, but are not limited to:

  • any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Khoza Technology provides to customers);
  • any use by customers, or any access provided to customers by Khoza Technology, of computing, telecommunications, software, information, hardware, and equipment;
  • any act, or provision of any service, by Khoza Technology to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
  • any provision by Khoza Technology to customers, of any space, Internet connectivity, or electrical power;
  • any access or use related to the Khoza Technology’s web site, including the web site itself;
  • any other service mentioned in the TOU;
  • any other service provided by Khoza Technology to customers, whether used or not;
  • any other Khoza Technology services that are used by customers, whether offered or provided by Khoza Technology to customers.

Ownership of Web Site

The legal owner of customers’ web sites and accounts with Khoza Technology will be the individual or organization whose name is listed in Khoza Technology’s database as the owner. Customers will fully cooperate with and abide by any and all of Khoza Technology’s security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with Khoza Technology.

Illegal Use

Khoza Technology servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Khoza Technology services, all Khoza Technology customers certify that they and/or the organization they represent in procuring services from Khoza Technology are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Khoza Technology’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Khoza Technology server, and selling or distributing software (on a web site residing on a Khoza Technology server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Khoza Technology reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of Khoza Technology’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Khoza Technology’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations

The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Khoza Technology customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Khoza Technology customer (per the DMCA) to Khoza Technology must follow the below procedures. Copyright infringement notifications submitted to Khoza Technology according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Khoza Technology’s sole discretion.

DMCA Copyright Infringement Notification Requirements:

  1. Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
  2. Identification of the copyrighted work(s) claimed to have been infringed.
  3. Identification of the material claimed to infringe the copyright(s), and enough information for Khoza Technology to locate it including URLs and specific descriptions of the infringing material at each URL.
  4. The Claimant’s name, address, and telephone number(s).
  5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Mail the notification to:
Khoza Technology
991 Ponderosa St
Jackson, CA 95642

Adult Content

Pornography and sex-related merchandising are prohibited on Khoza Technology servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography

The use of Khoza Technology’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Khoza Technology is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy

Khoza Technology is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Khoza Technology urges its customers to assume that all of their on-line communications are insecure. Khoza Technology cannot take any responsibility for the security of information transmitted over Khoza Technology’s facilities.
Customers are required to use the Khoza Technology network responsibly. This includes respecting the other customers of Khoza Technology. Khoza Technology reserves the right to suspend and/or cancel service with any customer who uses the Khoza Technology network in such a way that adversely affects other Khoza Technology customers. While Khoza Technology may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Khoza Technology does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Khoza Technology becomes aware of any violation of the TOU or other user agreements, Khoza Technology may take any action to stop or correct such violation, including, but not limited to, denying access to Khoza Technology’s services and equipment or to the Internet. In addition, Khoza Technology may take action against a customer or a customer of such customer because of the activities of such customer. Khoza Technology anticipates that customers who offer Internet services will cooperate with Khoza Technology in any corrective or preventive action that Khoza Technology deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Khoza Technology policy and Khoza Technology reserves the right to take any such action even though such action may affect other customers of the Khoza Technology customer.

Actions Taken by Khoza Technology

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Khoza Technology will be the sole arbiter as to what constitutes a violation of the TOU. Khoza Technology reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Khoza Technology becomes aware of an alleged violation of its TOU, Khoza Technology will initiate an investigation. During the investigation, Khoza Technology may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Khoza Technology may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Khoza Technology will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Khoza Technology does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Khoza Technology.

Indemnification

Khoza Technology customers agree to protect, defend, hold harmless, and indemnify Khoza Technology, any third party entity related to Khoza Technology (including, without limitation, third party vendors), and Khoza Technology’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Khoza Technology, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Khoza Technology’s services.

Disclaimer

The Khoza Technology service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Khoza Technology expressly disclaims any representation or warranty that the Khoza Technology service will be error-free, secure or uninterrupted. No oral advice or written information given by Khoza Technology, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Khoza Technology and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Khoza Technology may immediately terminate provision of Khoza Technology’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Khoza Technology in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL KHOZA TECHNOLOGY (INCLUDING, WITHOUT LIMITATION, KHOZA TECHNOLOGY’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS KHOZA TECHNOLOGY, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING KHOZA TECHNOLOGY’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR KHOZA TECHNOLOGY SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY KHOZA TECHNOLOGY SERVICES EVEN IF KHOZA TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KHOZA TECHNOLOGY’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR KHOZA TECHNOLOGY’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY KHOZA TECHNOLOGY OR KHOZA TECHNOLOGY’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Backup of Data

Except where Khoza Technology has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Khoza Technology is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Khoza Technology services.