Terms and Conditions

 

KingCom Holdings PTY LTD provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of KingCom Holdings PTY LTD are subject to the following terms of service:
 

Indemnification Policy

You agree to use all KingCom Holdings PTY LTD services and facilities at your own risk. KingCom Holdings PTY LTD specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall KingCom Holdings PTY LTD be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold KingCom Holdings PTY LTD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against KingCom Holdings PTY LTD, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KingCom Holdings PTY LTD against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with KingCom Holdings PTY LTD’s server.
KingCom Holdings PTY LTD reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from KingCom Holdings PTY LTD’s server. KingCom Holdings PTY LTD shall be the sole judge of what violates this Policy.
 

Billing:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
 

Late Payments:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
 

Acceptable Use Policy:

All services provided by KingCom Holdings PTY LTD may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, 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 KingCom Holdings PTY LTD and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all KingCom Holdings PTY LTD servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
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.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
 

LIMITATION OF LIABILITY:

KingCom Holdings PTY LTD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from KingCom Holdings PTY LTD servers going off-line or being unavailable for any reason whatsoever. Furthermore, KingCom Holdings PTY LTD shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of KingCom Holdings PTY LTD servers. All damages shall be limited to the immediate termination of service.
DISCLAIMER:
KingCom Holdings PTY LTD cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by KingCom Holdings PTY LTD are resold. Thus, certain equipment, routing, software, and programming used by KingCom Holdings PTY LTD are not directly owned or written by KingCom Holdings PTY LTD. Moreover, KingCom Holdings PTY LTD holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as KingCom Holdings PTY LTD sees fit. FURTHERMORE, KingCom Holdings PTY LTD retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

HOSTING:

KingCom provides hosting solutions that allow clients to rent digital space on our servers making the website accessible over the internet. The service can include but is not limited to the hosting of emails. KingCom provides customer support to you at no additional fee for issues related to KingCom’s service only. KingCom has the right to decide what is a service-related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by you for providing non-service related support are non-refundable.
KingCom Holdings PTY LTD is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.
Webmail and other web-based email services made available by KingCom are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that KingCom shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of KingCom. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
On occasion, clients may request that we create and email accounts or change of existing passwords. It is the responsibility of the client to maintain/change these passwords to prevent a security breach.
KingCom Holdings is not responsible for the function of any third-party mail applications for example Outlook, Apple Mail, Gmail (mail-clients). The credentials (passwords, usernames, and settings) are available within the hosting account. This is also available on request through our support channels. Although we assist clients in setting up their emails via our online guides, chat, and email. It is the responsibility of the client to make sure that these products are licensed and they also have support channels in place to support these products.