PLEASE NOTE: Kaus Media Group Ltd. is the parent company of Kaus Hosting. Services are provided by Kaus Media Group Ltd. under the Kaus Hosting brand name.

Our terms of service are written in plain English, not incomprehensible legal jargon. Please read this page carefully before ordering services from us and make sure that you understand what our terms and conditions are, as it’s a binding contract between you and the Kaus Media Group. If you have any questions about anything on this page, please feel free to contact us at info@kaushosting.com.

The Services We Provide

IIn exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “Kaus” or “us” or “we” refers to the Kaus Media Group and/or Kaus Hosting.

Kaus Hosting may provide one free domain name with a new purchase on selected hosting plans. This domain will be included for the first 12 month period of your hosting account. The domain name will be registered in your name and is yours to keep. The free domain name applies only to standard TLDs (.com, .net, .org, .info, and .biz) when signing up for a new hosting plan. The free domain does not always apply to domain transfers. Should your hosting account become inactive at any time during the domain registration year, you will be charged for that year’s domain registration.

Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

When the Services Will be Available

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions, and at other times we may undertake periodic maintenance procedures or repairs. Furthermore, there are causes beyond our control such as power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with completely uninterrupted service.

Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously and as such, will not sell your personal information to third party (other than a company that may purchase Kaus Media Group or Kaus Hosting), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy.

30 day money back guarantee

As we explain in this paragraph, we offer all our new clients a 30 day money back guarantee on all shared hosting plans. Our simple cancellation policy works like this: if you cancel your account within the first 30 days of setting up your hosting account, we will provide you with a full refund for the remainder of your term, excluding any setup fees (where applicable) that were charged when you signed up, and excluding domain registration fees (even if you received your domain for free through one of our promotional plans).

The domain registration fee we incur on each domain registration is $12.00 USD (or £8.00 GBP if you signed up in British pounds or $80.00 TT if you signed up in Trinidadian dollars). All refunds are subject to this registration fee charge in the relevant currency, but you will still own the domain name afterwards. To cancel your account you must email our billing team at billing@kaushosting.com.

Please note: Any account upgrades to hosting services such as additional domain registration, daily backup, dedicated IP, domain privacy, Thawte SSL certificates and shell access are non-refundable. In addition, we do not offer refunds on dedicated server plans as they run on a month by month basis and there are no contracts involved. Kaus Hosting also reserves the right to cancel your account with 72 hours notice in the event of evidence that a customer was exceptionally rude or vulgar in communications with our staff.

Cancellation

As we explain in this paragraph, we offer you a money-back guarantee on all shared hosting plans if you cancel with us during the first 30 days. Please note that dedicated plans are NOT eligible for the money-back guarantee. Our cancellation policy works like this: if you cancel your account within 30 days of first signing up, we will provide you with a full refund, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. To cancel your account you must email our billing team at billing@kaushosting.com.

If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name registration from the money we refund you. Please note: upgrades to hosting services, domain registration and transfer and SSL certificates are non-refundable.

Our policy regarding web design services is as follows: We do not issue refunds once we have started work. If you order design services and cancel before we have started working on the design and before 30 days have passed then we will refund the full cost of the design service. In addition, we do not offer refunds on dedicated server plans as they run on a month by month basis and there are no contracts involved. Kaus Media Group also reserves the right to cancel your account with 72 hours notice in the event of evidence that a customer was exceptionally rude or vulgar in communications with our staff.

Automatic Renewal

When you sign up, your Kaus Hosting account will be enabled with auto-renewal, which means that when your renewal date arrives, your hosting plan and domain will be automatically renewed. When it is time for renewal, the credit card that you have on file with us will be charged. If you wish to not have this happen, or you would not like to renew your account, you must cancel 14 days before your renewal date. If you would like to be reminded as to when your renewal date is, simply login to secure.mpcustomer.com, or give us a call. If you fail to cancel 14 days before renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in your client portal at www.kaushosting.com/clients/.

If more than 14 days elapse from the date on which any invoice for the hosting service is issued to you and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. If, in the following 30 days, you pay all amounts due and bring your account up to date, we will take your account out of suspension and the data will be available again. However, if 30 days elapse from the date on which your account is suspended and you have not made payment in full, Kaus shall have the right to delete all data you have uploaded to the servers. You hereby acknowledge that this is Kaus Hosting’s policy when it comes to data retention, and waive all rights in and to your data in these situations.

Acceptable Use/Illegal Activity

Kaus Media Group strives to maintain a high level of service, and many customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

• Hacking, which includes but is not limited to penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
• Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
• Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
• Uploading or linking to any content that violates another’s right of publicity or privacy.
• Distributing hate speech, or any other content that is obscene, abusive, or which could be considered libellous and defamatory.
• Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
• Hosting large amounts of data not specifically tied (“linked”) to your hosting account. Kaus Media Group encourages users looking for file storage/backup solutions to seek other services that specialize in this.
• Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.

Disproportionate loads placed on the server.

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan that allows for dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the resources of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

These Terms of Service May Change

Because our business is evolving, and the nature of the web hosting industry naturally changes over time, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information

In accordance with international law, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:

By mail:

Management
Kaus Hosting Dept.
PO Box #1636
Wrightson Road, Port of Spain
Trinidad, W.I.

By phone: +1 (868) 678-7229
By email: support@kaushosting.com

Indemnification

If the Kaus Media Group Ltd. is sued or threatened with a lawsuit from a third party because of something you do with the services, as an individual or as an affiliate, you agree to pay any legal costs if found liable or required to pay to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse the Kaus Media Group Ltd. for what it pays to satisfy a judgment or settle a case, you also agree to pay to the Kaus Media Group reasonable attorney’s fees and all other costs the Kaus Media Group incurs whilst defending itself.

Disclaimer of Warranties

For legal reasons, this section must remain in Legalese – sorry!

Kaus Media Group Ltd. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Kaus Media Group Ltd. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Kaus Media Group Ltd. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legal wording. Essentially, this section says that if something goes wrong, Kaus Media Group Ltd. cannot be held liable for it.

IN NO EVENT SHALL Kaus Media Group Ltd. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF the Kaus Media Group Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Kaus Media Group Ltd. due to your enrolment in the affiliate program.