Terms of Service
Important Legal Agreements
Use of NetKL Hosting Service constitutes acceptance and agreement to NetKL Hosting's AUP as well as NetKL Hosting's TOS (Terms of Service)
All Payments To NetKL Network Are Non-Refundable Unless A Promised Service Has Not Been Delivered.
Payment Notification Terms
i) Each Time After Making Payment (be it Online Transfer, ATM Transfer, Cash Deposit, or PayPal), Client Must Email Payment Details Separately To email@example.com, or, Submit Ticket HERE Immediately. Do Not Rely on the Bank's (or PayPal's) Notification, Because Their Notification Sometimes Reach Us Very Late, or, Never Reach Us At All.
ii) After sending Us An Email to firstname.lastname@example.org , You Should Receive an Auto-Generated Email Reply (with A Ticket Number) within 5-30 minutes. If You Receive this Ticket Number, Please Give Us Some Times to Respond (Normally Within 30-60 minutes, or sometimes even faster!).
iii) However, If You Do Not Receive Our Ticket Number After 30 Minutes, This Means that Your Email Did Not Reach Us Safely. In This Situation, Please Give Us A Call to Follow-Up. Please DO NOT Wait For Hours/Days Before You Call Us to Follow-Up (Especially When Your Payment Is Urgent). Call Us Immediately! Otherwise, NetKL Will Not Be Held Responsible For Any Loss Caused By Failure to Activate/Renew Your Required Service On Time.
iv) If you Make Payment via PayPal, You May Receive a Receipt of Your Payment Automatically (sent by our System), however, the Service(s) You Are Trying to Activate/Renew Still Need to be Updated Manually by our Staff, therefore, please Send the Payment Proof to email@example.com as usual, to Avoid any Delay in Activating/Renewing your Required Service.
v) Please note that; our Main Communication Method is only via Email ( firstname.lastname@example.org ), because that Email is Monitored at all times (24x7). SMS/Watsapp/Facebook Messaging are not encouraged, because they are seldom monitored. However, if you Do Not receive our Auto-Generated Email Reply (with Ticket Number) within 30 minutes, You Must Call our Hotline immediately, to Avoid any Delay in Service Activation/Renewal.
vi) By making Payment to NetKL's account; you signify that you have read & understood the above Terms, and NetKL will Not be Held Responsible for Any Loss Incurred, Resulting from your Failure to Adhere to the above Terms.
After placing an Order, you will receive an Invoice from our system automatically sent to your email. If we do not receive your payment within SEVEN (7) days after your Order, you may receive several email reminders from our system. If you wish to discontinue your purchase/subscription or cancel your Order, simply ignore the Invoice(s) & email reminders. If left unpaid, those service(s) will get terminated automatically. We will activate your account/service once we receive your payment. You can make payment thru Online Transfer, ATM Transfer, or, Cash Deposit to any of our bank accounts (Maybank, CIMB Bank & Hong Leong Bank only). If you paid via PayPal, you MUST inform us IMMEDIATELY AFTER making your payment. Please note that, due to security reason, NetKL reserves the right to reject certain clients who wish to pay using PayPal.
Acceptable Use Policy (AUP)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Your violation of this AUP may result in the suspension or immediate termination of either your NetKL Network account.
Specific Acceptable Use Policies
Unauthorized use of other people's accounts or computers NetKL Network will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc. Any unauthorized use of accounts or computers by a NetKL Network customer, whether or not the attacked account or computer belongs to NetKL Network, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.
Adult Oriented Websites
Sites containing adult material, links to adult material or adult-oriented merchandise are not permitted. The final determination of what constitutes "adult content" is made by NetKL Network.
FREE Lifetime Main Domain
Valid for .com, .net, .org, .biz, .info or .name only. You are entitled for FREE domain, if you buy new hosting plan using a new domain ONLY. If you buy a new hosting plan using an existing domain (which you have bought previously), you are not entitled for any FREE domain anymore. The domain remains FREE every year, so long as you renew your hosting with us every year. This 'FREE Lifetime Main Domain' promotion is only applicable for annual/biennial hosting subscription (NOT monthly, quarterly, semi-annually). The FREE domain does not include WHOIS Privacy Protection service (which can be purchased at RM15/year).
NetKL Network reserves the right to refuse service to anyone. Customers may only use NetKL Network's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, child pornography and satanic materials. NetKL Network expressly forbids anyone from using NetKL Network's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of NetKL Network's management. NetKL Network's services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of NetKL Network's resources. Doing so could result in immediate account cancellation. Your password is considered private and is not to be given out to any third party outside your organization.
Customer agrees that it shall defend, indemnify, save and hold NetKL Network harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NetKL 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 NetKL Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NetKL Hosting's server; (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 customer from NetKL Hosting's server.
NetKL Hosting will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NetKL Hosting and its employees. NetKL Hosting makes no warranties of any kind, expressed or implied about the services we provide. NetKL Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose.
All services provided by NetKL Network may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysia Federal or State law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless NetKL Network from any claims resulting from the use of the service which damages the subscriber or any other party. Examples of non-acceptable content or links:
> Pirated software
> Illegal MP3's
> Hackers programs or archives
> Warez Sites
> Child Pornography
NetKL Network will be the sole arbiter as to what constitutes a violation of this provision.
Daily Data Backup
NetKL does full backup for each of our client EVERYDAY (around 1am every morning), and it normally finishes around 6am. However, each time new backup is performed, it would overwrite (delete/replace) the old backup done previously (on the day before). This means, there will be only 1 data backup available, at any one time, i.e the backup done on that day (at 2am). For example; backup performed today has overwritten the old backup done yesterday. Therefore, if your website has been containing errors for many days/weeks/months, the latest backup available would surely contain the same errors. Please note that; this data backup service is provided only as a courtesy. You are using it at your own risk. Sometimes, your backup may not be available when requested, due to system glitch. You are advised to always practise creating backup yourself (on your own) once in a while, especially BEFORE editing/updating your website, and SAVE the file into your PC/desktop. There are 2 ways to create your website backup. Kindly refer HERE. You agree to take full responsibility for all files and data transferred, and to maintain all appropriate backup of files and data stored on NetKL 's servers
If you do not renew your hosting within TWENTY NINE (29) days after expiry date, it will get deleted from our server automatically, without any prior notice/warning. You are advised to always perform your own data BACKUP, and SAVE it in your local disc/computer. HERE is how to do it.
NetKL Hosting may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.
Commercial Advertising - Email or SPAMMING Activities
Spamming, or the sending of unsolicited email, from a NetKL Network server or using an email address that is maintained on a NetKL Network machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. If a client is identified as spammer, we will immediately investigate, and if proven true, the account (and/or any other account owned by/associated with the offender) will be terminated immediately and the client will be liable to cover all damages caused and the costs of any penalties imposed by law. All payments made by said customer will not be refunded. NetKL Network will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please be informed, that you are NOT allowed to send out more than 200 emails (from your email account), per hour. It this is violated, your 'email sending' activities will be suspended for ONE (1) hour automatically, and will be unsuspended automatically after that. Please note that; your 'email sending' activities will also be suspended for ONE (1) hour automatically, IF 80% of your Sent Emails bounce. After ONE (1) hour, your 'email sending' facility will be unsuspended automatically.
Network and Server Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. 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. NetKL Network have the rights to use any black listed IP filter provided by any anti spamming/hacking society. If your IP is blocked by any of the above mentioned society, NetKL Network will not be responsible and you need to contact your Internet Service Provider about your problem.
It is a violation for anyone to post information or to include programs on our servers that consume server system resources and slow down the server in turn. Any party that slows our servers down, can and will be notified. NetKL Network reserves the right to terminate any running software processes that are overloading a server, or slowing it down heavily.
The CPU/RAM consumption of a website may in no way affect the performance of a server. This means that the implementation of scripts on a web site must be carefully studied by the account's owner. Examples of what can cause high CPU/RAM usage are:
> Scripts that handle too much data from text files. An example of this is a message board. The UBB (Ultimate Bulletin Board), Yabb & Ikonboard is well known to consume very high amounts of CPU everytime it has to handle its flat file/mySQL database (like when someone posts a message).
> Perl scripts constantly executed consume a lot of server resources, since the Perl interpreter must be launched each time the script is called.
> Scripts with long loops.
> Scripts that are constantly calling a database and doing complex queries.
> Any autoblog components or scripts or plugins, such as WP-O-Matic for WordPress.
> Any self-hosted autoresponder components or scripts or plugins.
> Shoutbox & Rapidleech are also well-known for high CPU/RAM usage.
> Websites with excessive traffic will consume plenty of CPU and RAM, since the webserver has to handle more.
If a website is found to be consuming too much CPU power (i.e more than 25%) and/or RAM, or 2200 script executions per hour, or 48000 script executions per day, where it's affecting the overall performance of a server, NetKL Network has the right to temporarily suspend the website for certain duration (either for 1 hour, or 1 day), where the user will have the choice to either:
1) take necessary steps to reduce its website Resources consumption below the allowed limit, or,
2) move their website to VPS or dedicated server.
failing which, NetKL Network has the right to permanently suspend the account without any refund.
Any attempts to undermine or cause harm to a NetKL Network server or customer of NetKL Network is strictly prohibited. NetKL Network will pursue legal action to the fullest extent for all abuse of the NetKL Network Network.
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. NetKL Network reserves the right to remove any account without prior notice. If NetKL Network deactivates your account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.
NetKL Network is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the NetKL Network network. The Netkl Hosting Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of NetKL Network web hosting & reseller.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the NetKL Network network caused by or associated with:
1-Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed.
2-Telco or Backbone Failure (TMnet, Jaring, AIMS etc)
3-Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). NetKL Network utilizes only name brand hardware of the highest quality and performance.
4-Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
5-DNS issues not within the direct control of NetKL Network
6-Network floods, hacks, attacks from outside parties or individuals
7-Failure or error of any NetKL Network monitoring or measurement system
8-Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of NetKL Network service(s) in breach of NetKL Network Policy and Service Guidelines by Client or others authorized by Client.
NetKL Network goal is to make the NetKL Network network available to Client free of outages for 99.9% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a NetKL Network service failure for more than 10 consecutive minutes, excluding service failures relating to NetKL Network scheduled maintenance and upgrades.
NetKL Network stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. NetKL Network utilizes only name brand hardware of the highest quality and performance. NetKL Network will replace all faulty hardware affecting performance levels of equipment ASAP, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected ASAP from the problem identification.
We want you to be our next satisfied customer, because that's the only way we can grow our business! Therefore, we assure you our highest quality of service at great prices, and we will go extra miles to exceed your expectations.
Note: NetKL Network reserves the right to revise our policies at anytime.