“Their developers are highly skilled, they 'get it' from both a technical perspective and the business perspective (a rare thing). They are extremely conscientious and thorough, and I have no hesitation in placing our key data and processes in their care. They have delivered on every promise.”

— W. Moore, site owner

Dialogs hosting terms and conditions.

Introduction.

The following terms and conditions are intended to define the web hosting services provided by Kaleidoscope Information Services, Inc., P.O. Box 224928, Dallas, Texas, 75222, U.S.A., 1-800-707-0106 and to define the rights and responsibilities of Kaleidoscope Information Services, Inc. and any consumer who purchases web hosting services from Kaleidoscope Information Services, Inc. as they relate to any web hosting service agreement between the two parties.

Definitions.

Any use of the terms "Kaleidoscope" or "us" or "we" or “our” shall be defined as Kaleidoscope Information Services, Inc. Any use of the terms "you" or "your" shall be defined as the customer purchasing web hosting services from Kaleidoscope. The term "services" shall be defined as the web hosting services that we will provide to you. The term "terms" shall be defined as the entire contents of this terms and conditions statement.

Our services.

In exchange for service fees you pay in advance, we will host your Dialogs website on one or more of our servers as long as you abide by these terms 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.

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 uploading, 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 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.

Your privacy.

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 Kaleidoscope), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy.

When you place an order for our services, you consent to be called and/or emailed important information about Kaleidoscope products and services by a representative of Kaleidoscope.

Backups of your data.

We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups.

Because our services permit users to electronically transmit or upload content directly to your website, you shall be fully responsible for uploading all content to the website and supplementing, modifying, and updating your website, including all back-ups.

Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.

Kaleidoscope shall not be responsible for any damages to your data, your website, or other damages or any malfunctions or service interruptions of your data or any aspect of your website caused by any failure.

You are solely responsible for making back-up copies of your website and your data.

Kaleidoscope does not maintain backup copies of websites or e-mail. Kaleidoscope cannot guarantee that the contents of a website will never be deleted or corrupted, or that a back-up of a website will always be available. You should always copy all content of your website to a local computer and Kaleidoscope strongly suggest that you make an additional copy (on tape, DVDs, CDs, another desktop, or elsewhere) to ensure the availability of the files.

Illegal activity.

We will not provide services to anyone who uses our services for any of the following.

Hacking, which includes, for example, accessing or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.

Hosting files or other data that infringes on another’s copyright or other intellectual property rights.

Spamming or sending 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 will terminate services 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 privacy.

Distributing hate speech or any other content that is obscene, abusive, or which could be considered libelous and defamatory.

Sale of any controlled substance without prior proof of appropriate permit(s)

Hosting, storing, or distributing pornography. If any such content is found or brought to our attention, services shall be terminated immediately.

Hosting, storing, or distributing child pornography or any other content that violates U.S. federal law, Texas state law, or international law. If any such content is found or brought to our attention, the proper law enforcement agencies will be notified and services shall be terminated immediately.

Hosting large amounts of data not specifically tied ("linked") to your hosting account. Kaleidoscope encourages users looking for file storage/backup solutions to seek other services that specialize in this.

Kaleidoscope reserves the right to cancel your account with 72 hours notice to you if you are exceptionally rude or vulgar in communications with our staff.

Your data.

All services provided by Kaleidoscope may only be used for lawful purposes. Violations will be reported to the appropriate law enforcement agencies.

When you place an order for our services, you agree to indemnify and hold harmless Kaleidoscope 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, software, 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. If you believe that your copyright or trademark is being infringed upon, please email support@kisi.com with a description of your issue.

Kaleidoscope services, including all related equipment, networks and network devices are provided only for authorized customer use. Kaleidoscope 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 Kaleidoscope system(s) constitutes consent to monitoring for these purposes.

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 support email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at support@kisi.com and we will be happy to assist you.

Spam.

If you send spam, your account shall be terminated. “Safe lists" and "double opt-in" will be treated as spam. Sites advertised via spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, email, instant messaging, newsgroups, or social networking sites. No organization or entity listed in the ROKSO may be hosted on our servers. Any activity that results in our IP space being blacklisted will be immediately terminated. Kaleidoscope reserves the right to require changes or disable as necessary any website, 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. Kaleidoscope reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Kaleidoscope.

[VERIFY] Resource usage.

User may not:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes

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, which allows for more 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 server resources and/or 10% 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.

[VERIFY] Inodes.

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

Services availability.

We will attempt to provide services 24 hours per day, seven days per 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. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like 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 uninterrupted service.

Hosting, maintenance, private SSL certificates, and domain registration fees.

Hosting fees and maintenance fees are assessed in advance of services provided, paid on an annual basis. You may cancel an annual contract any time during the term of the contract by paying 50% of the value of the unused services left on your contract. See our complete schedule of hosting and maintenance options.

Private SSL certificate fees are non-refundable.

Domain registration fees are annual and non-refundable. If we register a domain for you or if we assume responsibility for renewing existing domains for you, we will automatically renew the domain. If you do not want us to renew a domain for you, you must request cancellation of domain renewal services 60 days in advance of the renewal deadline in writing to support@kisi.com. You own any domain purchased by us on your behalf.

Your Kaleidoscope account.

When you sign up, your Kaleidoscope account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed for another year at the same level as the previous year. If you do not want to renew your account, or if you want to renew at a lower level, you must notify us in writing to support @kisi.com 14 days prior to your renewal date. If you have any questions about your renewal date, contact us in writing at support @kisi.com. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term.

If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become inactive and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.

If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Kaleidoscope shall have the right to delete all data you have uploaded to our servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. The action of accepting services from us serves as acknowledgement that this is Kaleidoscope’s policy regarding data retention, and you waive all rights in and to your data in these situations.

These terms of service may change.

Due to our evolving business and the changing nature of the web hosting industry 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.

Copyright infringement information.

In accordance with the Digital Millennium Copyright Act (DMCA), we will 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. 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 the following information to us:

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 you are authorized to act on the copyright or intellectual property owner’s behalf.

Notice of claims of copyright infringement can be sent to us at: Kaleidoscope Information Services, Inc.,P.O. Box 224928, Dallas, Texas, USA 75222, 1-800-707-0106, support@kisi.com.

Indemnification.

If Kaleidoscope is sued or threatened with a lawsuit from a third party because of something you do with our services, you are required to reimburse us 100% of our costs, including, but not limited to, fines, settlements, attorney fees, and court fees, if we are found liable, if we are not found liable but incurred expenses defending ourselves, or if we pay to settle the dispute.

Disclaimer of warranties.

KALEIDOSCOPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED 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. KALEIDOSCOPE 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. KALEIDOSCOPE DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, 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 the foregoing disclaimer may not apply to you.

Limitation of liability.

IN NO EVENT SHALL KALEIDOSCOPE 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 EXPRESSED 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 KALEIDOSCOPE 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 Kaleidoscope due to your enrollment in the affiliate program,

Commissions.

We may, from time to time, pay commissions, royalties, or finder’s fees to individuals or companies who provide business assistance to us. These fees may be paid for providing sales leads, participating in surveys, contributing to our website or other communications content, or any other business activity that we, at our sole discretion, determine is worthy of a commission.

Governing law.

The laws of United States, the State of Texas will govern these terms, without reference to rules governing choice of laws. Any action relating to this these terms must be brought in the federal or state courts located in Texas.

When these terms take effect.

These terms become effective once you submit your order with us or open an account with us for web hosting services.

If you are an existing customer, and you do not agree with the terms herein, please cancel your account. If you sign up for or continue to use our services, you agree to these terms. If you have any questions regarding these terms of service, feel free to call us for clarification.

By using Kaleidoscope you agree to the above terms of service.