Terms of Service

Kholifa Network provides Web Hosting for Bangladeshi Peoples, and we have a responsibility to protect each client and to provide the best services available. All clients of Kholifa Network’s are subject to the following terms of service:

The use of services from Kholifa Network constitute agreement to these terms.

1. Account Setup / Email on file:
we will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Kholifa Network, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Kholifa Network is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email or Support Ticket. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers: Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign-up date. Transfers outside of the 30-day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

2. Content:
All services provided by Kholifa Network may only be used for lawful purposes. The laws of the Bangladesh Cyber Act 2006 and any further amended laws apply.

The customer agrees to indemnify and hold harmless Kholifa Network from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one Web-Panel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material servers include:
**AutoSurf/PTC/PTS/PPC sites
**Bruteforce Programs/Scripts/Applications
**Commercial Audio Streaming (more than one or two streams)
**Topsites
**IRC Scripts/Bots
**Pirated Software/Warez
**Image Hosting Scripts (similar to Photobucket or Tinypic)
**Proxy Scripts/Anonymizers
**IP Scanners
**Mail Bombers/Spam Scripts.
**Bank Debentures/Bank Debenture Trading Programs.
**Banner-Ad services (commercial banner ad rotation).
**Broadcast or Streaming of Live Sporting Events (UFC, FIFA, NFL, MLB, NBA, WWE, WWF etc).
**Escrow/Bank Debentures.
**File Dump/Mirror Scripts (similar to rapid share).
**Forums and/or websites that distribute or link to warez/pirated/illegal content.
**Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
**Hateful/Racist/Harassment oriented sites.
**Hacker focused sites/archives/programs.
**High-Yield Interest Programs (HYIP) or Related Sites.
**Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme).
**Mailer Pro
**MUDs/RPGs/PBBGs
**Lottery/Gambling Sites
**Prime Banks Programs
**Sale of any controlled substance without prior proof of appropriate permit(s)
**Sites promoting illegal activities etc.

Kholifa Network services, including all related equipment, networks and network devices are provided only for authorized customer use. Kholifa Network systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Kholifa Network system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Kholifa Network may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Sites hosted on Kholifa Network service(s) are regulated only by Bangladeshi law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Kholifa Network is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Bangladesh Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like kholifa.com and many of Kholifa Network other webhosting services and brands are republishes and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, kholifa.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under kholifa.com webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3. Zero Tolerance Spam Policy:
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or UseNet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Kholifa Network reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Kholifa Network reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of Kholifa Network.

4. Payment Information:
You agree to supply appropriate payment for the services received from Kholifa Network, in advance of the time period during which such services are provided. You agree that until and unless you notify Kholifa Network of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 5 day grace period, invoices will not be automatically generated. However, after the customer notifies Kholifa Network of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received “email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Kholifa Network, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Kholifa Network of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Kholifa Network. Kholifa Network reserves the right to bill your credit card or billing information on file with us. Kholifa Network provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a 200tk late fee and/or an account suspension until account balance has been paid in full. The 200tk late fee is applied in addition to whatever else is owed to Kholifa Network for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Kholifa Network cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at [email protected] for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. Invoices that have been paid more than once with multiple Subscriptions can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please contact [email protected]

Kholifa Network reserves the right to change the monthly payment amount and any other charges at any time.

5. Backups and Data Loss:
Your use of this service is at your sole risk. Our backup service is run on everyday, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Kholifa Network is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Kholifa Network.

6. Cancellations and Refund Policy:
Kholifa Network reserves the right to cancel, suspends, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may request for cancellation to [email protected] gives you an unconditional 30 days money back guarantee on managed VPS / CMS & E-Commerce hosting.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
**Bank Wire Transfers
**Debit Card or Prepaid Card
**Western Union Payments
**Checks
**MFS (Bkash, Nagad, Rocket etc.)

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for managed VPS / CMS & E-Commerce Hosting accounts after the initial 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the - Refund Policy.

7. Uptime Guarantee:
If your VPS / CMS & E-Commerce Hosting has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Kholifa Network dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact [email protected] with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

8. Price Change:
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on host.kholifa.com, and the right to increase the amount of resources given to plans at any time.

9. Coupons:
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

10 (A). Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Kholifa Network harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Kholifa Network, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Kholifa Network against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kholifa Network; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Kholifa Network’s server.

10 (B). Arbitration:
Arbitration By using any Kholifa Network services, you agree to submit to binding arbitration. If any disputes or claims arise against Kholifa Network or its subsidiaries, such disputes will be handled by an arbitrator of Kholifa Network’s choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s judgment is final and binding on all parties.

Kholifa Network shall not be responsible for any damages your business may suffer. Kholifa Network makes no warranties of any kind, expressed or implied for services we provide. Kholifa Network disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Kholifa Network and its employees.

11. Disclosure to law enforcement:
Kholifa Network may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

12. Changes to the TOS:
Kholifa Network reserves the right to revise its policies at any time without notice.