TERMS OF SERVICE (I)
This website is operated by Kind TechGroup. Throughout the site, the terms “we”, “us” and “our” refer to Kind TechGroup. Kind TechGroup offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the whole Terms of Agreement on this page and to the following policies related to our organization such as below:
Additional terms may also apply to certain Services and are incorporated into this Agreement by reference as applicable.
SECTION 1 – WEBSITE’S TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A proven breach or violation of any of the Terms will result in immediate termination of your Services without any refund at all.
SECTION 2 – HOSTING AGREEMENT
What do “free, unlimited and unmetered disk space, data transfer, and email storage” mean?
It’s pretty straightforward: Customers who use Kind TechGroup can obtain any of our offered free services, unlimited and unmetered disk space, data transfer, and email storage if they use their services consistently with these paragraphs.
What is the appropriate usage?
Kind TechGroup is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our basic or initial services to support large enterprises or internationally based businesses with a sustained demand that places un due burden on our systems or negatively impacts use by small, independently owned and operated businesses. If you require more use of the current resources you have leased from us, please upgrade to the most appropriate specific plan that best suits your needs or you may contact us to recommend or provide you a quote that isn’t available on our site.
Kind TechGroup offers a shared web hosting service (depending on your chosen plan), which means that a number of customers’ web sites and other email or storage services are hosted from the same server. Kind TechGroup uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customer sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your website will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site.
You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. Kind TechGroup will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy (“AUP”) agreement between Kind TechGroup (“Kind TechGroup”) and the personal or corporate account holder (“YOU/YOUR/Customer”).
Kind TechGroup provides World Wide Web Hosting, Marketing, and Development.
Kind TechGroup has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
Kind TechGroup general policy is to act as a provider of Internet presence. Kind TechGroup reserves the rights to suspend or cancel a customer’s access to any or all services provided by Kind TechGroup when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of Kind TechGroup is strictly prohibited.
Kind TechGroup will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to Kind TechGroup, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
Kind TechGroup has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
you may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Kind TechGroup to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS
All web applications that are out of-date and actively being exploited will be shut down immediately without prior notice. you are responsible for and should evaluate your web-based applications and scripts on a regular basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
Kind TechGroup will not tolerate any form of storage space abuse. At least 90% of your web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on Kind TechGroup servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Kind TechGroup Management (“MANAGEMENT”), with or without prior notice.
If you do not qualify for the current service, disk space will go unmonitored until you reach the amount allocated to your specific web hosting plan (“PLAN”). Therefore, failure to monitor your own usage using the tools of insights made available for your account in your website control panel will result in your account being disabled or suspended until you are able to upgrade to a plan appropriate for your account’s resource usage.
Kind TechGroup will be the sole arbiter as to what constitutes a violation of this provision.
The intention of Kind TechGroup is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and will result in your account being suspended. You may appeal about this decision by submitting a support ticket on our helpdesk to remedy your account’s suspension, thereafter.
If you do not qualify for the regular service, traffic will go unmonitored until you reach the amount of quota allocated to your specific PLAN. Therefore, failure to monitor your own usage using the tools of insights made available for your account in your website control panel will result in your account being disabled or suspended until you are able to upgrade to a plan appropriate for your account’s resource usage.
Kind TechGroup will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation.
Kind TechGroup takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge you up to $25 per unsolicited email message sent and delete your account with any prior notice.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsletter or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.
NOTE: If you use the services of another provider to promote a website hosted by or through Kind TechGroup (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
This 99.99% uptime guarantee applies to any customer in good financial standing with Kind TechGroup at the time of a service outage.
(2) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS
Kind TechGroup endeavors to have the content of your website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from Kind TechGroup to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Kind TechGroup’s Network Status page available in your client area. If the page itself is unreachable, you may submit a ticket anytime to clarify any issues related to your account’s downtime. If any downtime is proven correct, Kind TechGroup’s administrators will determine the end of the downtime by a traceroute to your machine from outside the Kind TechGroup network.
(3) HOSTING CREDITS
In the event that your website is unavailable for less than 100%, Kind TechGroup will credit the following month’s service fee as follows.
Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
- 95% to 99.9% – your account will be credited 5% of your hosting fee
- 85% to 94.99% – your account will be credited 15% of your hosting fee
- 75% to 84.99% – your account will be credited 25% of your hosting fee
- 74.99% or below – your account will be credited 50% of your hosting fee
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the downtime. You must request credit by submitting a ticket to our support desk or you may contact us directly via email at [email protected].
For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Kind TechGroup.
Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
Any discounts you have availed for the service are deducted of the percentage should be credited to your account.
Credit shall not be provided to you in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Kind TechGroup,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Kind TechGroup’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- you breaking any agreement policy in Kind TechGroup’s “Terms & Conditions and AUP” causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Kind TechGroup provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues or web service we do offer.
However, in under no circumstances is Kind TechGroup neither obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. you are free to use any CGI scripts you wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (This section does not apply to any private server hosting).
We do not allow you to install your own chat rooms within a shared hosting account, without approving it with us. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. or any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB, VanillaForums or similar forum scripts are acceptable.
Kind TechGroup installed and provides special file-servers in our network infrastructure for your benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.
In addition, all electronic files stored within Kind TechGroup’s file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion without any further notifications.
File-servers will not be backed up depending on your specific hosting featured plan. You are advised to have your own backup locally or elsewhere other than within the Kind TechGroup’s servers. If you are found to not adhere to this Policy, the offending material(s) will be deleted from your hosting account without any prior notice.
This service is only available for Kind TechGroup’s SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE
You may not:
Send outbound mail to more than 20 recipients at any one given time and/or more than 480 pieces of email per day from any hosting account with a maximum file size of 20MB per email message.
Receive a high volume of emails, by a user or domain name, in any given period of time.
Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name.
Frequent violation would lead to permanent suspension of the domain name. Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name. Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited. And this would lead to permanent suspension of the domain name.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a one-to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to any private server hosting).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. You can however, install IRC clients on our private servers.
The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a pre-pay basis. Setup or handling fees may be charged for all new accounts and services as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. Kind TechGroup reserves the right to change prices at any time, unless other terms have been agreed upon.
Any account not brought current is subject to suspension. Restoring accounts from suspension due to late payments shall acknowledge a charge of an account restoration amounting from up to 25% based on the current total dues invoices. You are responsible for all fees owed on the account from the time it was established to the time that you notifies Kind TechGroup to request for termination of services. All payment is in currencies made available for our customers within the client admin area.
Kind TechGroup may bill each client up to $50 per returned check, per wire transfer received and per credit card chargeback received. All Kind TechGroup accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee, more or less. Please contact our customer support at [email protected] or you may reach us in your client area at support desk, should you wish to change your anniversary billing cycle.
CANCELATION OF SERVICE
Kind TechGroup reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be prorated and paid by Kind TechGroup if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to you (i.e. transfer, space etc.).
All Kind TechGroup Plans are backed by a 30-day money back guarantee, except for self-managed hosting (i.e. VPS/Dedicated Servers). If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages.
Setup fees are refundable only if the account order is canceled prior to account activation. If you cancel, the full contract amount less any setup fees and overages will be refunded if Kind TechGroup is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal or Kind TechGroup Fund account made available by the customer after the 90th day, more or less. Refund policy will not be made available to customers using wire transfers unless a discussion were settled via customer service in our support desk.
All account cancellations must be done via our cancelation section in your account control panel or client area but you may contact customer service to discuss anything else you may want to consider prior your cancellation of a certain service. Phone, support or email requests will not constitute acceptance of any cancelation. You are responsible to cancel a certain service yourself in your client area as mentioned previously. Kind TechGroup or any support representative is not allowed to do this action for any client.
PROMOTIONAL RATES & SPECIAL OFFERS
Kind TechGroup may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your Services. Any such promotions or modifications shall not affect your obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Kind TechGroup’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use Kind TechGroup or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Kind TechGroup network. If you use a domain name in connection with Kind TechGroup or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Kind TechGroup network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. you may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
Kind TechGroup will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online or on your products, including without limitation:
(a) the accuracy and appropriateness of content and materials appearing within the store or related to your products,
(b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
(c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. you will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Kind TechGroup a license to cache the entirety of your website, including content supplied by third parties, hosted by Kind TechGroup under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
Kind TechGroup shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Kind TechGroup. Kind TechGroup reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
BACKUPS / REQUESTING DATA BACKUP
Based on a service, we may offer an automated cPanel server full-account backup with days of retention to a secure remote storage but we do not guarantee its full restoration to be free of errors in any case of a data loss. It is the client / account holders responsibility to maintain and keep personal backup files of their self-managed servers, website and MySQL data. We do not offer free backups for any self-managed services such as VPS and Dedicated Servers, unless stated or requested as an addon service. We do not provide free backups / archives of our customers own specific website data as well as the restoration of their files. We reserve the right to charge an additional fee at a minimum of 25.00 USD if we are requested to create a backup/restore on a customers behalf. We may choose to waive this fee under the cumstances of our choosing.
SECTION 3 – DOMAINS TERMS AND CONDITIONS
Free domains like:
…are banned and not allowed on our servers due to the amount of abuse.
We reserve the right to refuse hosting for these domains or charge at the very least 25 USD per hosting when proven this act of negligence by any user/customer and allow to host free domains on our servers.
Freebie domains via hosting service (or etc.) are non-refundable and customer are charge based via retail standard pricing available on our website when any case of service cancellation arises. Your domain will remain yours further unless you opt to renew the service later on.
Domain Name Registration to Kind TechGroup
You agree to pay Kind TechGroup prior to the effectiveness of the desired domain name registration or transfer request, the then-current amount set forth in the Kind TechGroup price schedule for the initial registration/transfer of the domain name and, should you choose to renew the registration, subsequent renewals of the registration.
We offer domain registration service per yearly basis provided under ICANN’s standard terms or policies.
Registered domain names on Kind TechGroup are set as automatically renewed. If you do not want to auto-renew the service, you are responsible to disable the setting within your client area under “My Domains” service.
All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term.
Kind TechGroup reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from Kind TechGroup to the email address indicated in your registration application.
In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Kind TechGroup) in connection with the payments of the registration fee for your domain name registration, you agrees and acknowledges that the domain name registration shall be transferred to Kind TechGroup as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.
Kind TechGroup will reinstate your domain name registration solely at Kind TechGroup discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Kind TechGroup
You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
The same terms of rights should apply for the domain registration and transfer transactions to Kind TechGroup.
Transfer domain registrar away from Kind TechGroup
Kind TechGroup reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change.
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
You agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Kind TechGroup will not be held liable for the failure of a domain name transfer for any reason.
Domain Web Services Product Extension
You agree and acknowledge that you may be charge for possible subsequent fees when you choose to use any domain name web services extensions as an additional feature to manage at your convenience such as:
- Domain Forwarding;
- Mail Forwarding;
- Managed DNS, and;
- WHOIS Privacy
You agree and acknowledge that you may be charge for fees wherein you use or host a domain from us within the following period:
Normal Registration Period:
The normal domain name registration period is one (1) year or so, starting on the registration date.
After a domain expires, it enters the grace period. During the grace period, the domain will still work, and it can be renewed for an additional cost (depending on the type of domain). The grace period has a random length, but it’s usually about 30 days, sometimes a little longer.
Like the grace period, the redemption period has a length that is slightly randomized to prevent people from gaming the system. A typical redemption period length for most TLDs is 30 days. The fee for most domains in the period is much more higher or can be 10 times more than usual.
If a domain has not been restored in the redemption period, the registry queues it for deletion and the domain enters the deletion period. This is about five days. There is no way to retreive the domain back unless you can buy the domain again once it is available in the market.
SECTION 4 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell (unless for hosting resellers) or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES (if applicable)
Prices for our products are subject to change without notice (if applicable).
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store/shop. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your contact number, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PRIVACY STATEMENT
Kind TechGroup follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Kind TechGroup reserves the right to refuse service to anyone. You may only use Kind TechGroup server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America where our servers reside or in any place you do engage of our service, it is not permitted to reside on our servers.
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”.
The designation of any materials as such described above is left entirely to the discretion of Kind TechGroup management. If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Kind TechGroup may disclose any and all your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, you agree that for purposes of venue this contract is entered in Metro Manila, Philippines and any dispute will be litigated or arbitrated in Metro Manila, Philippines. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Philippine courts. IN NO EVENT SHALL Kind TechGroup’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($100.00) DOLLARS.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kind TechGroup, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
KIND TECHGROUP WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. KIND TECHGROUP MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WE DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY KIND TECHGROUP AND ITS EMPLOYEES. KIND TECHGROUP RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND PRIVATE SERVERS OF OURS MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kind TechGroup and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD “US” HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST “KIND TECHGROUP”, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS “KIND TECHGROUP” AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH KIND TECHGROUP’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE 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 KIND TECHGROUP’S SERVER.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
Effective date: March 05, 2019
I IMPORTANT INFORMATION AND WHO WE ARE
II THE INFORMATION WE COLLECT ABOUT YOU
III HOW IS YOUR PERSONAL INFORMATION COLLECTED
IV THIRD PARTY INTERACTIONS
V THIRD PARTY ANALYTICS PROVIDERS & AD SERVERS; ONLINE TRACKING
VI HOW WE USE YOUR PERSONAL INFORMATION
VII DISCLOSURES OF YOUR PERSONAL INFORMATION
VIII YOUR CHOICES
IX DATA SECURITY
X USERS OUTSIDE OF THE PHILIPPINES AND INTERNATIONAL TRANSFERS
XII ADDITIONAL INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION
SECTION I – IMPORTANT INFORMATION AND WHO WE ARE
In a shorter term, this notice applies to all information collected on the Kind TechGroup website or submitted to Kind TechGroup at any time through any of our services on the website.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you contact us with changes, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for our administrative purposes and that residual data may remain on backup media or for other reasons.
THIRD PARTY CONTENT, LINKS TO OTHER WEBSITES, AND KIND TECHGROUP CONTENT FOUND OUTSIDE THE WEBSITES
SECTION II – THE INFORMATION WE COLLECT ABOUT YOU
Personally Identifiable Information:
When visiting Kind TechGroup`s Web site and signing-up for or using a Kind TechGroup powered service such as registering for a domain, our Forum, Tell-A-Friend or Reporting Abuse, you may choose to supply Kind TechGroup with information that identifies you personally. This information may include your name and contact information, as well as other demographic or commerce related information.
Personal Information or personal data means any information about an individual from which that person can be identified. It does not include information where the identity has been removed (anonymous data). We and our third-party service providers may collect, use, store and transfer different kinds of Personal Information about you that we have grouped together as follows:
IDENTITY INFORMATION includes name, username or similar identifier, title, date of birth, and gender.
DEMOGRAPHIC INFORMATION includes zip code, age and/or income.
CONTACT INFORMATION includes a billing address, delivery address, email address, and telephone numbers.
FINANCIAL INFORMATION includes bank account and payment card details (applicable if any payments were made).
TRANSACTION INFORMATION includes details about payments to and from you and other details of services you have purchased from us (applicable if any payments have been made).
TECHNICAL INFORMATION includes internet protocol (IP) address, your login data, browser type and version, time zone setting and geographical location, browser plug-in types and versions, operating system and platform and other technology or other unique identifier (a set of numbers or characters that is assigned to your computer, mobile phone, or other device when you are on the Internet) (“Device Identifier”) for any computer, mobile phone, tablet or other device (any of which are referred to herein as a “Device”) used to access the Websites.
PROFILE INFORMATION includes your username and password, purchases or orders made by you (applicable if any orders were made), your interests, preferences, product feedback, and survey responses.
USAGE DATA includes information about how you use our Websites, products, and services, including all of the areas within our Websites that you visit or use and the time of day you visited the Websites, among other information.
MARKETING AND COMMUNICATIONS INFORMATION includes your preferences in receiving marketing from us and our third parties and your communication preferences.
LOCATION INFORMATION includes information about your location using a variety of technologies, such as GPS, IP address, and connected or nearby Wi-Fi networks.
USER CONTENT INFORMATION includes text (including questions, comments, and suggestions), pictures, audio, videos, or other content (collectively, “User Content”) you share by participating and posting content publicly in reviews, interactive features, or other communication functionality (“Community Features”).
SECTION III – HOW WE COLLECT YOUR PERSONAL INFORMATION
We use different methods to collect information from and about you including through:
You may give us your Identity, Demographic, Contact, Financial, Profile, or Marketing and Communications Information by filling in forms or by corresponding with us by mail, phone, email, or otherwise. This includes Personal Information you provide when you:
- purchase our products or services;
- create an account on our Websites;
- subscribe to emails or newsletters;
- request services or other information;
- enter a competition, promotion or survey; or
- give us feedback about products, services, or Websites.
AUTOMATED TECHNOLOGIES OR INTERACTIONS
As you navigate through the Websites, we may automatically collect Technical, Usage, and Location Information about your equipment, browsing actions and patterns. We collect this Personal Information by using cookies, pixel tags, embedded scripts, and other similar technologies. [We may also receive Technical Information about you if you visit other websites employing our cookies.]
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
If you reject cookies, you may still use our site, but you will be asked to enter your username and password again every time you closed your browser or your session has timed out.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users‟ movements around the site and to gather demographic information about our user base as a whole.
We do not link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to prevent and block abusers to keep using our services such as members who violate our terms of service.
Pixel Tags (also referred to as clear GIFs, 1×1 GIFs Web beacons, or Web bugs) are small graphic images or other web programming code that may be included on the Websites and in our e-mail messages. In contrast to Cookies, which are stored on a user’s Device, Pixel Tags are embedded invisibly in web pages. Pixel Tags may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a pixel tag. Pixel Tags or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Websites, to monitor how users navigate the Websites, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded scripts are programming code designed to collect information about your interactions with the Websites, such as the links you click. The code is temporarily downloaded onto your Device from our web server or a third party service provider and is active only while you are connected to the Websites.
When we post videos, third parties may use local shared objects, known as “flash cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, please visit:
The Websites may provide you the opportunity to participate and post User Content publicly through reviews, surveys, interactive features, or other communication functionality (“Community Features”).
We may provide functionality for you to submit or post User Content through Community Features, by linking the Websites to a third party service, or otherwise.
If you use the Support Forum on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum.
Upon using our free services, you will be requested to participate in our periodic internal surveys which are conducted by Kind TechGroup to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will be used solely to determine the type of advertisements you will be exposed with when you are logged in to your control panel account.
Each survey will be sponsored by our partners, which will be in the form of survey prizes. However, any PII collected will not be shared in any way to any of our partners or affiliates. The information collected will only be used to enhance our Web site and your experience and to award prizes. The surveys will be prompted when you are logging in to your Kind TechGroup account, a new survey will be prompted to you, whenever it is available.
THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES
- Technical Information from the following parties: ○ analytics providers; ○ advertising networks; and ○ search for information.
- Contact, Financial and Transaction Information from providers of technical, payment and delivery services.
- Identity and Contact Information from publicly available sources.
INFORMATION PROVIDED FROM OTHER USERS
If you decide to invite a third party to create an account and/or purchase our merchandise, we will collect the Identity and Contact Information you provide (e.g., name and email address) for you and the third party in order to send a message to the third party and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to collect such information and contact the third party as described in the foregoing sentence. You or the third party may contact us at [email protected] to request the removal of this information from our database.
If you choose to use our referral service to tell a friend about our site, we will ask you for your
friend’s name and email address. We will automatically send your friend a one-time email
inviting him or her to visit the site. Kind TechGroup stores this information for the sole purpose
of sending this one-time email and tracking the success of our referral program.
SECTION IV – THIRD PARTY INTERACTIONS
The information collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party website or service.
SECTION V – THIRD PARTY ANALYTICS PROVIDERS & AD SERVERS; ONLINE TRACKING
Kind TechGroup works with certain third parties (including network advertisers, ad agencies, and analytics companies) to provide us with information regarding traffic on the Websites, to serve advertisements, including our advertisements elsewhere online, and to provide us with information regarding the use of the Websites and the effectiveness of our advertisements.
These third parties may use Device Identifier and Usage Data to compile reports on user activity. For example, if you clicked on one of our advertisements that led you to one of the Websites, our service provider(s) may be able to tell us which advertisement you clicked on and where you were viewing the advertisement. These third parties may set and access their own tracking technologies (including cookies, embedded scripts, and pixel tags) and may otherwise collect or have access to your Device Identifier, Usage Data, and related information about you. Cookies and pixel tags, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, conduct research regarding the usefulness of certain advertisements to you, and assist in providing analytics. These third parties may also transfer
We may share Device Identifier and Usage Data about visitors with third party advertising companies, analytics providers and other vendors for similar purposes. While we may use a variety of service providers to perform advertising and analytics services, some of these companies may be members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising.
For additional information regarding targeted advertising and the “opt-out” procedures of NAI members and DAA Self-Regulatory Program participating companies, you may visit:
- NAI Opt-Out Tool (for website users):
- DAA Consumer Choice (for website users): http://www.aboutads.info/choices/
- DAA AppChoices (for mobile app users): http://youradchoices.com/appchoices
Please note that opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while visiting the Websites and elsewhere online. Some third parties may collect Personal Information about your online activities over time and across different websites.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Websites currently do not respond to or alter their practices when they receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.
SECTION VI – HOW WE USE YOUR PERSONAL INFORMATION
We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, email, forum, etc., or contacting you if you have indicated your permission to do so by agreeing to accept further notification and service announcement from us in your client area or account profile.
You can choose to opt-out of receiving any further notification from your account profile page or in your client area, as well as from any communications we do send you like email newsletters.
We do not share this information with outside parties without your permission.
We may use the information we collect about you, including Personal Information and Usage Data:
- to provide you with our products and services and related customer service;
- to process your registration and account creation with the Websites, including verifying your contact information is active and valid;
- to identify you as a user in our system;
- to provide you with information, products or services that you have requested or agreed to receive;
- to provide improved administration of our Websites and services;
- (if applicable) to process transactions you initiate, process payments and provide accurate billing and shipping;
- (if applicable) to send you administrative e-mail notifications, such as order confirmations, order status updates, security, or support and maintenance advisories;
- (if applicable) to bill you for Kind TechGroup products or services;
- respond to your inquiries related to employment opportunities or other requests;
- send newsletters, surveys, offers, and other promotional materials related to our services and for other marketing purposes of Kind TechGroup;
- to market our products/ services, including recommending products/services that might be of interest to you;
- to improve our Websites, product and service offerings;
- to present our Websites and its contents in a suitable and effective manner for you and for your computer;
- to customize and tailor your experience on the Websites, for example, by displaying content that we think you might be interested in;
- to improve the quality of experience when you interact with our Site and Services for internal business purposes;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
- to notify you about changes to our service;
- to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
- to contact you with regard to your use of the Websites and, in our discretion, changes to the Websites policies or functionality; and
In addition to the above, we may use anonymous data to analyze request and usage patterns so that we may enhance the content of our services and improve navigation on the Websites. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.
COMMUNICATIONS FROM THE SITE
When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to Kind TechGroup you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your Kind TechGroup account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to Kind TechGroup.
The information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to Kind TechGroup you can indicate your preference on your members profile page to participate in the Kind TechGroup program if you would like to receive special offers from other companies that we think may be of interest to you through our periodical newsletter. The information you submit to us will not be used for this purpose unless you elect to participate in the Kind TechGroup program or otherwise consent.
You will receive a confirmation email from us when placing an order on our site and paying through one of our trusted 3rd parties such as PayPal or 2Co. They only share back information with us about the transaction such as your name, item ordered, email address, etc.
We may use your Identity, Contact, Technical, Usage, and Profile Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you. You will receive newsletters or marketing communications from us if you have requested information from, purchased goods or services from us, or if you provided us with your details when you entered a competition or registered for promotion and, in each case, you have consented to receive marketing communications at that time.
A cookie is a data file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.
We may use both session cookies and persistent cookies to provide you with more personal and interactive experience on our Site. This type of information is collected to make the Websites more useful to you and to tailor the experience with us to meet your special interests and needs.
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can, however, obtain information about blocking and deleting cookies for some commonly used browsers via the links below:
INTERNET EXPLORER: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies;
OPERA: http://www.opera.com/help/tutorials/security/cookies/; and
Please note that blocking all cookies will have a negative impact upon the usability of many websites and if you choose to block cookies, you may not be able to use all the features on our Websites.
SECTION VII – DISCLOSURES OF YOUR PERSONAL INFORMATION
INTERNAL THIRD PARTIES
Kind TechGroup may, and reserves the right to, share your information with any other company that is not present, but becomes a Kind TechGroup parent, subsidiary, or affiliate. You may be presented with an opportunity to receive information and/or marketing offers from Kind TechGroup and our affiliated businesses, partners and agents. If you agree at that time to receive such communications, your Personal Information will be disclosed to that third party (or parties). For more information, please refer to the Marketing Communications section.
EXTERNAL THIRD PARTIES
Third Party Service Providers
We may also share Information when we work with businesses, partners or agents to develop a direct relationship with you or in connection with the Referral Program.
These service providers may store or use your information outside of the EU or the United States.
Administrative & Legal Reasons
We may transfer and disclose information, including Personal Information, to third parties:
- to comply with a valid legal inquiry, investigation, or process such as a search warrant, subpoena, statute or court order, or if in our opinion such disclosure is required by law;
- to obtain or maintain insurance coverage, manage risks, obtain professional advice, or establish, exercise or defend legal claims, whether in court proceedings or in an administrative or out-of-court procedure;
- to protect the safety, interests, rights, property or security of Kind TechGroup, you, or any third party; this may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
- to respond to a breach or attempted breach of the security of our Websites;
- at the request of governmental authorities conducting an investigation.
We may also use Technical Information to identify users and may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies in our discretion.
Social Networking Sites
As set forth in Section III, our Websites and services enable you to post User Content through Community Features. If you choose to use these features, you will be identified by your first name and last initial. Please note that any Personal Information you include on a public area of the Site will be publicly viewable. Once displayed publicly, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put data such as private contact information that you do not want to make available to the public in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
SHARING BETWEEN KIND TECHGROUP COMPANIES; BUSINESS TRANSFERS
SECTION VIII – YOUR CHOICES
We provide you the opportunity to “opt-out‟ of having your personally identifiable information used for certain purposes when we ask for this information. For example, if you register to any of our offered services, but choose not to receive any promotional newsletter concerning our updated services.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or any communication we serve the newsletters. We offer an opportunity to opt-out of certain communications on our community member profile as well.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
Generally, you may not opt-out of service-related communications (such as replying to your emails, order confirmation emails, etc.) which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by contacting us at [email protected].
Additionally, you have several choices regarding the use of information on our Websites and services:
ACCESSING, UPDATING, CORRECTING OR DELETING INFORMATION
You can access all your personally identifiable information that we collect online and maintain by logging into your password-protected account and selecting to update your Profile or Personal Information. We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
You can review, request access to, update, correct or delete your Personal Information by contacting us at [email protected]
You may request deletion of your Personal Information by contacting us and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain information for fraud prevention or similar purposes. Also, note that we may need to delete your user account in order to delete your Personal Information.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you contact us with changes, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for our administrative purposes and that residual data may remain on backup media or for other reasons.
CHOOSING NOT TO SHARE PERSONAL INFORMATION
You may choose not to provide us with any Personal Information. In such an event, you may still be able to access and use some of the Websites; however, you may not be able to access and use those portions of the Websites that require your Personal Information. You may opt out of receiving marketing emails by following the opt-out instructions above or provided to you in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of any of the Websites (for example, administrative and service announcements, shipping notices, and order confirmations) and these transactional account messages may be unaffected if you opt-out from marketing communications.
Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. You can opt-out of such communications as outlined in Section B, above Please note that you may continue to receive service-related and other non-marketing communications.
DE-LINKING THIRD PARTY INTERACTIONS AND SNS
As set forth in Section IV, our Websites and services enable you to interact with or post content to certain third parties and SNSs. If you would like to discontinue these interactions and connections, please refer to the privacy settings of the third party or SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account.
LINKS TO OTHER SITES
This Web site contains links to other sites that are not owned or controlled by Kind TechGroup.
Please be aware that we, Kind TechGroup are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Web site.
SECTION IX – DATA SECURITY
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
Kind TechGroup uses commercially reasonable security measures to safeguard the Personal Information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, please note that no system can be completely secure and Kind TechGroup does not ensure or warrant the security of any information we collect. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute 100% security. You use our Websites and provide us with your information at your own risk.
We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
If you have further any questions about security on our website, you may contact us directly at [email protected] or use the support desk for customer client area.
SECTION X – USERS OUTSIDE OF THE PHILIPPINES AND INTERNATIONAL TRANSFERS
The Websites are hosted and operated in the Philippines and third party service providers and partners operate in the Philippines and other jurisdictions. If you are located outside of the Philippines, please be aware that any information you provide to us may be transferred to and processed in the Philippines and other countries. By using the Websites, or providing us with any information, you acknowledge and consent to this transfer, processing, and storage of your information in countries where the privacy laws may be less stringent than those in the country where you reside or are a citizen.
SECTION XI – QUESTIONS
SECTION XII – ADDITIONAL INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION
LEGAL BASES FOR PROCESSING PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most commonly, we will use your Personal Information in the following circumstances:
- Where we need to perform obligations relating to a contract to which you are a party or to take steps at your request before entering into such a contract.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests include those related to conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
- Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your Personal Information other than in relation to sending marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us using the contact information provided above.
We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances, you can ask us to delete your data: see the Request Erasure subsection below for further information.
In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
EU RESIDENT PERSONAL DATA RIGHTS
Under certain circumstances, EU Residents may have rights under data protection laws in relation to your personal data as outlined below:
- REQUEST ACCESS to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- REQUEST CORRECTION of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- REQUEST ERASURE of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
- OBJECT TO PROCESSING of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it affects your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
- REQUEST RESTRICTION OF PROCESSING of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- REQUEST THE TRANSFER of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- WITHDRAW CONSENT at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact [email protected]
No Fee Usually Required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit To Respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Complaints to Supervisory Authority
EU Residents may have the right to make a complaint at any time to the supervisory authority for data protection issues. However, we would appreciate the chance to deal with your concerns before you approach the supervisory authority so please first contact us directly to allow us to do so.
SECTION XIII – SPECIFIC TERMS AND CONDITIONS
Kind TechGroup considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third parties, or to protect the rights or property of Kind TechGroup. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that Kind TechGroup do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content or content that infringes or may infringe the intellectual property or other rights of another.
SECTION XIV – LEGAL DISCLAIMER
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.
SECTION XV – CHANGES IN THIS PRIVACY STATEMENT
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
Additional Policy of our Free Hosting service is available at https://kindtechgroup.com/privacy.
RESELLER HOSTING AGREEMENT (III)
We, the Provider (hereinafter referred to as “Kind TechGroup”) and Partner (hereinafter referred to as “You/Your/Reseller”)
entered into a Reseller Master Agreement effective from March 05, 2018 of which this “Web Hosting and Web Services” is a part.
WHEREAS, Kind TechGroup provides Web, VPS/Dedicated Server/Dedicated Server and other related Web Services;
WHEREAS, the Reseller intends to provide through Kind TechGroup, Web, VPS/Dedicated Server and other related Web Services;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Kind TechGroup and the Reseller, intending to be legally bound, hereby agree as follows:
SECTION I – Election
(1) Reseller hereby elects and agrees to begin providing web hosting services through Kind TechGroup.
Each Order that represents a web hosting service or a VPS/Dedicated Server service and/or an email hosting service shall be referred to as a “Hosting Order”.
(2) Kind TechGroup hereby accepts Reseller’s election to begin providing web hosting services through Kind TechGroup.
SECTION II – Rights of Kind TechGroup
While certain attributes of a Hosting Order may consist of unlimited resources, Reseller recognises that a Hosting Order is a shared hosting service, and that the Kind TechGroup has the right in its sole discretion to apply any hard limits on any specific attribute or resource on a Hosting Order at any given time without notice in order to prevent degradation of its services, or in case of any breach or violation or threatened breach or violation of this Agreement, or in case Kind TechGroup learns of a possibility of breach or violation of this Agreement which Kind TechGroup in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Kind TechGroup Products and the Partners, or to avoid any liability, civil or criminal, on the part of Kind TechGroup and/or Service Provides, or for any other appropriate reason. The Reseller agrees that Kind TechGroup and Service Provides, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Kind TechGroup and Service Provides, are not liable for loss or damages that may result from any of the above.
SECTION III – Terms of Usage
Reseller, or its contractors, employees, directors, officers, representatives, agents and affiliates and Partners Users, shall not use or permit use, either directly or indirectly, or through its customers, of any Hosting Order, in violation of this Agreement or any of the General Terms of Service of Kind Techgroup, and for any of the activities described below –
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Kind TechGroup in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Kind TechGroup’s sole discretion result in damage or degradation to the performance, usage, or experience of Partners, other users, other orders, and any of Kind TechGroup’s services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
(16) Messages that have been in Trash more than 30 days will be automatically deleted.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files or 90% of file-server is not related to website files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Kind TechGroup’s sole discretion.
(8) Send over 25 messages per hour per user and/or 100 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder available.
(11) Use more than 50% of the website’s disk space used by your Hosting order for storing emails.
(12) Use a WHMCS license issued by the Provider with any product/service other than the one for which it was issued.
(13) Store more than two website backup files on your account’s local file-server.
(14) Use more than 5GB per database.
C. Additional Terms
a. WordPress Hosting:
WordPress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting experience. Due to this custom configuration, the following additional terms apply to Managed WordPress Hosting accounts:
(1) WordPress Hosting is intended only for use with the WordPress software platform. The use of WordPress Hosting with any non-WordPress related software may be applicable but such use may be unsupported by our Support Department which only operates in accordance with the description of the WordPress web design and Hosting related service.
(2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, resellers are advised to contact Technical Support to ensure the desired add-on software will function in the WordPress Hosting environment. Kind TechGroup will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.
(3) Domain names hosted on WordPress Hosting servers must use Kind TechGroup name servers for DNS resolution.
(4) We reserve the right to deny reseller requests for changes to the standard WordPress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.
b. Server Hosting:
By reselling our Server Hosting services, you understand that all these are self-managed services such as VPS/Dedicated Servers. You understand that upon purchasing with us under this agreement, all freebies such as Remote Backups, IPs and Anti-DDOS freebies or any free services will be revoked. In other terms, you are not eligible to avail the freebies (or additional free services) of the server hosting offered on our website intended for our regular clients unless you pay an additional reseller cost for these freebies or we called web hosting service extensions.
This decision related to the above “Additional Terms for Server Hosting” may be altered or can be negotiated in any way we may want, otherwise, you are bound to agree to the decision as it is.
Kind TechGroup reserve the right to refuse to provide or cancel any service to anyone unless you follow and agree to all the terms of this Reseller Hosting Agreement and our general Terms of Service as an organization, Kind TechGroup, as well as to our affiliates, partners, investors and etc.
D. Changes to this Agreement
You are welcome to visit this agreement anytime on our website at https://kindtechgroup.net/reseller-agreement to check and be updated of its possible changes. We may also notify everyone through email or on our announcements page in our members’ area related to any changes to this document or all of our legal agreements as an organization.
E. Contact Information
For questions and clarification in regards to this agreement, please contact us in your client area, support desk or you may also email us directly at [email protected]
AFFILIATE AGREEMENT (IV)
Effective Date: March 5th, 2019
THE AGREEMENT: This Affiliate Agreement (hereinafter called the “Agreement”) is provided by the following organization, hereinafter referred to as “Kind TechGroup” as the Company.
Our primary website is located at the address https://kindtechgroup.net.
The Agreement is a legal document between you and the Kind TechGroup that describes the affiliate relationship we are entering into.
This Agreement covers your responsibilities as an affiliate and our responsibilities to you, so please ensure you read and understand the entirety of this document, as well as have a legal assistance if you desire, because each of the terms of this Agreement are important to our working relationship.
The parties referred to in this Agreement shall be defined as follows:
a) Kind TechGroup, Us, We: As we describe above, we’ll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Kind TechGroup, as well as all employees or legal agents of the Company.
b) You, the Affiliate: You will be referred to as the “Affiliate.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this Agreement (the Kind TechGroup and You) will be referred to as “Parties” or individually as “Party.”
d) Affiliate Program: The program we’ve set up for our affiliates as described in this Agreement.
e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
f) Website: The primary website we’ve noted above will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement.
Kind TechGroup assumes no responsibility or liability for any misrepresentation of your age.
4) PROGRAM SIGN-UP
In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join.
The Affiliate Application may be found at the following website: https://kindtechgroup.net/affiliates.
Submitting an Affiliate Application can be easy, just by activating it through your client area when you register an account with us on our website, but it does not guarantee that your account may not be revoked further. We evaluate each and every application for those are not in good standing and are the sole and exclusive decision-makers on Affiliate acceptance to proceed further.
If we choose not to pursue your account for any reason, we will attempt to notify you in a reasonable manner and please do know that we do not and are not obligated to provide you any explanation for your rejection/cancellation of the said service, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.
If your Affiliate Application is rejected or cancelled, you may reapply with the same account you were rejected to. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement apply to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.
6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as your PayPal account and your account funding must be activated which we may use to post payment).
Please be advised the below is a general description of the Affiliate Program.
Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the “Link”). The Link will be keyed to your identity and will send online users to Kind TechGroup’s website or websites.
You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the “Affiliate Site”).
Each time a user clicks through the Link posted on the Affiliate Site and completes the sale of the product or service and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following percentage of the sale: 25% (twenty-five percent) of the given links and 5% recurring income for the rest of our web services. You can find more information about the possible compensation available on the affiliate section in your client area.
7) GENERAL TERMS
- Accounts have to remain active and be in good standing for at least 60 days to be paid.
- Referral which requests a refund for any reason will not be paid.
- Unsolicited bulk e-mail traffic, blind redirects, or other malicious advertising will not be accepted.
- Affiliates may not represent themselves as Kind TechGroup on any search engine or advertising platform.
- There is a $25 minimum before you can cash out at the moment and may increase at any time.
- Affiliates need an active & verified PayPal account. If payment reverts back then affiliate will need to pay penalty due $5 plus the gateway fees charged for the transaction and the re-sending for the next transaction.
- Affiliate accounts which are in violation of any rule or are abusing the affiliate program in any way will be terminated without prior notice and any outstanding payouts will be revoked.
- We reserve the right to cancel or modify this affiliate program at any time and for any reason.
- We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.
- Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website.
- As described above, in order to be eligible for payout, user purchases must be “Qualified Purchases.”
a) Must not be referred by any other partner or affiliate links of Kind TechGroup (in other words, Qualified Purchases are only available through your specific Affiliate Link;
b) May not be purchased by an already-existing partner or affiliate of Kind TechGroup;
c) May not be purchased prior to the Affiliate joining the Affiliate Program;
d) May only be purchased through a properly-tracking Affiliate Link;
e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy;
f) May not be fraudulent in any way, in Kind TechGroup’s sole and exclusive discretion;
g) May not have been induced by the Affiliate offering the customer any coupons or discounts;
8) PAYOUT INFORMATION
Payouts may be available when the Kind TechGroup has your current and valid PayPal information or we may also credit your earning to the account funding platform within your client account with us if you choose to.
For any changes in your current PayPal information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.
Payouts will be available 60 days after you successfully cashout/withdrawn from your affiliate earning account.
Payouts also have dedicated schedules of shipping such as once a month every 15th. For example, if your cashout is made at 9th of the month, your payout will reflect by the 15th day (on or after the 60 days period of cashout).
We explicitly reserve the right to change payout information in our sole and exclusive discretion and if we do so, you will be notified.
Payouts are also subject to the following restriction:
Payouts are only available when a threshold of the following amount is met: $25 (twenty-five US dollars).
For any disputes as to payout, the Kind TechGroup must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.
When you’re an active member of our Affiliate Program, you will be notified by email every month about your affiliate performance and you may also log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information.
Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
10) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.
You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Kind TechGroup or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Kind TechGroup includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Kind TechGroup (“Kind TechGroup IP”).
Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Kind TechGroup IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide.
You may not modify the Kind TechGroup IP in any way and you are only permitted to use the Kind TechGroup IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Kind TechGroup IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use any of the Kind TechGroup IP or any confusingly similar variation of the Kind TechGroup IP without our express prior written permission. This includes a restriction on using the Kind TechGroup IP in any domain or website name, in any keywords or advertising, in any meta tags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Kind TechGroup IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your name, trademarks and service marks if applicable and other business intellectual property to advertise our Affiliate Program.
12) MODIFICATION & VARIATION
The Kind TechGroup may, from time to time and at any time, modify this Agreement. You agree that the Kind TechGroup has the right to modify this Agreement or revise anything contained herein.
You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email.
If you don’t agree to the update or replacement, you can choose to terminate this Agreement as described below:
- To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations.
You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.
13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Kind TechGroup and will remain so at all times.
14) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Kind TechGroup for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Kind TechGroup.
- You further agree not to use the Affiliate Program:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Kind TechGroup or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE
You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or purchases coming through your account.
If we determine you are not in compliance with any of these the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated.
The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Kind TechGroup, be disclosed to consumers.
We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your website regarding the Affiliate Program
The notice does not have to contain the precise words as the example given below, but should be similar:
“We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website.
We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.”
This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the Philippines, United States or the General Data Protection Regulation of the European Union.
We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process.
Furthermore, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion.
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
17) DATA LOSS
The Kind TechGroup does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.
You agree to defend and indemnify the Kind TechGroup and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Kind TechGroup shall be able to select its own legal counsel and may participate in its own defense, if the Kind TechGroup wishes.
19) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
21) SERVICE INTERRUPTIONS
The Kind TechGroup may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Kind TechGroup shall have no liability for any damage or loss caused as a result of such downtime.
22) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an “As Is” basis.
Kind TechGroup hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
Kind TechGroup makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure.
Kind TechGroup also makes no warranties as to the reliability or accuracy of any information.
You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that Kind TechGroup is not liable for any such damage or loss.
23) LIMITATION ON LIABILITY
The Kind TechGroup is not liable for any damages that may occur to you as a result of your participation in Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Kind TechGroup arising from or relating to this Agreement is limited one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Kind TechGroup, with the exception of its conflict of law provisions.
In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Philippines.
The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.
If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Philippines.
The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class.
The arbitrator shall be bound by applicable and governing Federal law as well as the law of the Philippines.
Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Kind TechGroup will not be subject to arbitration and may, as an exception to this subpart, be litigated.
The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Kind TechGroup, the rights and liabilities of the Kind TechGroup will bind and inure to any assignees, administrators, successors, and executors.
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER:
In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision.
Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY:
Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) FORCE MAJEURE:
The Kind TechGroup is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected] or you may also submit a ticket in your client area – support desk.
NON-DISCLOSURE AGREEMENT (VI)
Province of Misamis Oriental, Philippines
This Non-Disclosure Agreement (hereinafter “Agreement”), effective as of the date set forth at the end of this document, is made by and between the following parties: Kind TechGroup, located at the following address:
B25 Camella Homes
Cagayan de Oro City
and Employee/Agent/Associate, located at the following address:
Refer to Account Information
Hereinafter, the following party will be referred to as the “Disclosing Party”: Kind TechGroup. The following party will be referred to as the “Receiving Party”: Employee/Agent/Associate. Collectively, the Disclosing Party and Receiving Party may be referred to as “Parties.”
WHEREAS, the Disclosing Party possesses certain non-public Confidential Information (as hereinafter defined) and Trade Secret Information (as hereinafter defined) (collectively the “Proprietary Information”) regarding its business operations and development;
WHEREAS, the Parties agree that the Proprietary Information is secret and valuable to the Disclosing Party;
WHEREAS, Disclosing Party and Receiving Party may enter or have entered into a business relationship, specifically, a new or contemplated Employment/Association, through which Receiving Party will have access to the Proprietary Information;
WHEREAS, Disclosing Party desires to maintain the secret and private nature of any Proprietary Information given to the Receiving Party;
NOW, therefore, in consideration of the covenants and promises contained in this Agreement, the Parties agree as follows:
As used in this Agreement:
a) Confidential Information refers to any information which is confidential and commercially valuable to the Disclosing Party. The Confidential Information may be in the form of documents, techniques, methods, practices, tools, specifications, inventions, patents, trademarks, copyrights, equipment, algorithms, models, samples, software, drawings, sketches, plans, programs or other oral or written knowledge and/or secrets and may pertain to, but is not limited to, the fields of research and development, forecasting, marketing, personnel, customers, suppliers, intellectual property and/or finance or any other information which is confidential and commercially valuable to the Disclosing Party.
Confidential Information may or may not be disclosed as such, through labeling, but is to be considered any information which ought to be treated as confidential under the circumstances through which it was disclosed.
Confidential Information shall not mean any information which:
I) is known or available to the public at the time of disclosure or became known or available after disclosure through no fault of the Receiving Party;
II) is already known, through legal means, to the Receiving Party;
III) is given by the Disclosing Party to third parties, other than the Receiving Party, without any restrictions;
IV) is given to the Receiving Party by any third party who legally had the Confidential Information and the right to disclose it; or
V) is developed independently by the Receiving Party and the Receiving Party can show such independent development.
b) “Trade Secret Information” shall be defined specifically as any formula, process, method, pattern, design or other information that is not known or reasonably ascertainable by the public, consumers, or competitors through which, and because of such secrecy, an economic or commercial advantage can be achieved.
This Agreement shall be effective as of the date set forth at the bottom of the document and remain in full force and effect for the following time period: Lifetime. The nondisclosure provisions of this Agreement, as applicable to the Receiving Party’s duties with regard to the Confidential Information, shall survive the termination of this Agreement for a period of 3 (three) years. Notwithstanding the foregoing, the obligations to maintain the confidentiality of Trade Secret information shall last forever, or for as long as such information remains a trade secret under applicable law, whichever occurs first.
Receiving Party hereby agrees that it shall:
a) Not disclose the Proprietary Information via any unauthorized means to any third parties throughout the duration of this Agreement and the Parties’ relationship with each other;
b) Not disclose the Confidential Information via any unauthorized means to any third parties for a period of 3 (three) years following the termination of this Agreement, as established in the term provision of this Agreement,
c) Not disclose the Trade Secret Information forever, or for as long as such information remains a trade secret under applicable law, whichever occurs first, to any third party at any time;
d) Not use the Confidential Information or the Trade Secret Information for any purpose except those contemplated herein or expressly authorized by the Disclosing Party.
Receiving Party may disclose the Proprietary Information in accordance with governmental orders, including judicial notices, provided that Receiving Party gives Disclosing Party reasonable notice and Receiving Party agrees to comply with applicable protective orders or their equivalents. Receiving Party shall take all reasonable security precautions which Receiving Party would use to protect its own Confidential Information. Receiving Party must use stringent security precautions to protect the Trade Secret Information. Proprietary Information may be disclosed only to the Receiving Party’s employees or consultants on an as-needed and need-to-know basis. Any employee, consultant, parent, subsidiary, affiliate or other related parties of the Receiving Party that is permitted to access the Proprietary Information shall be instructed to maintain the confidentiality of such information. Such related parties permitted to access the Proprietary Information shall not be permitted to make unauthorized copies of any tangible manifestations of such information. The Receiving Party must keep and use written agreements with any and all related parties that have access to the Proprietary Information to maintain compliance with the terms of this Agreement. Proprietary Information may be disclosed pursuant to the Parties’ business relationship or as provided hereunder.
5) OWNERSHIP MAINTAINED
Both Parties acknowledge and agree that any Proprietary Information disclosed under this Agreement shall remain the exclusive property of the Disclosing Party. Nothing in this Agreement shall be construed as granting any rights in the Proprietary Information to the Party receiving such information.
6) RIGHTS AND REMEDIES
Receiving Party hereby agrees to promptly notify Disclosing Party of any disclosure of any Proprietary Information in violation of this Agreement, whether such disclosure was inadvertent or done with aforethought. Receiving Party also agrees to notify Disclosing Party of any legal matter or process requiring disclosure of any Proprietary Information before producing any such information. Receiving Party agrees to cooperate with Disclosing Party to assist in the collection and retention of Proprietary Information after any unauthorized disclosure and to prevent further unauthorized use or dissemination of the Proprietary Information. Receiving Party shall return any tangible documents or products, including originals, copies, summaries, or notes of the Proprietary Information or certify destruction of the same at the Disclosing Party’s sole and exclusive discretion. Receiving Party acknowledges that monetary damages may not be a sufficient remedy for any unauthorized disclosure of the Proprietary Information and, as such, Disclosing Party may seek injunctive or equitable relief, without waiving any other rights or remedies, in a court of competent jurisdiction.
7) GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the Province of Misamis Oriental, Philippines, and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the Province of Misamis Oriental, Philippines.
8) NO WAIVER
None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute a waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term.
If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
10) NOTICE OF IMMUNITY FROM LIABILITY:
An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order.
11) NO AGENCY
Nothing in this Agreement shall be construed to create any partnership, joint venture or similar relationship between the Parties and nothing herein shall be construed to denote any kind of agency between the Parties.
12) PUBLIC ANNOUNCEMENT
Neither Party will make any public announcement or disclosure about the existence of this Agreement or any of the terms herein without the prior written approval of the other Party.
13) ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date of the account registered of either both parties, which may be the later date.
16) ADDITIONAL TERMS
Kind TechGroup reserve the right to legally dispute, and the Receiving Party shall acknowledge as a breach of contract if in any case the terms and conditions of this agreement get broken by the said party.
The Receiving Party agree and acknowledge that the current/stored account information registered of the said party from the Kind TechGroup clients/members profile is enough to ensure the Employment/Association relationship of both parties.
REFUND POLICY (V)
BILLING AND PAYMENT
As an important part of our value chain, we offer a 30 days return/refund policy for our goods and services. However, please bear in mind that this only applies to of our managed hosting which delivery freight goods, freebies, licenses, setup fees and shall be charge according to its retail price available at service, as well as to self-managed hosting services such as VPS, Dedicated servers and custom services are not included but can be negotiated not more than 50% of its cost unless stated and can be proven in public, otherwise we will not honor any return/refund.
For return instructions, please contact our Customer Service at [email protected]
The customer can pay to Kind TechGroup the service fees for the assistance in the way established in the Purchase Form.
Kind TechGroup may boost the Service Fees (i) in the way permitted in the service explanation and (ii) anytime upon or after the expiration of the original Term.
The ongoing service fees do not include any applicable sales, use, income, excise or other fees imposed by any challenging authority with regards to the Services or any type of software provided hereunder (excluding any tax on Kind TechGroup’s net gain). All this kind of fees will be put into Kind TechGroup’s invoices for the charges as individual charges charged to Customer. All fees will be completely earned when credited and nonrefundable when paid out.
Unless specified otherwise, all fees and related charges will be credited and payable within 30 days following the day of the invoice. If any kind of invoice is not paid out after the day of the bill, Kind TechGroup may charge Customer a past due amounting up to 25% of the total due and shall have the right to suspend/terminate or perhaps withhold services to any related account or project until the payment has been resolved.
If Firm gathers any payment because of at regulation or via an attorney at legislation or perhaps under advice therefrom or perhaps through a series agency, or if Kind TechGroup prevails in virtually any action to that your Customer and Company are celebrations, Customer can pay all costs of collection, litigation and arbitration, including, without restriction, all courtroom costs and Kind TechGroup’s reasonable attorneys’ fees.
If virtually any check is returned intended for insufficient money Kind TechGroup might impose the very least control demand of $25.00.
There could be the very least $50.00 charge to reinstate accounts which have been suspended or terminated.
Wire exchanges will be assessed the very least $35.
There could be the very least $35.00 charge to for all those credit card chargebacks.
Buyer acknowledges and agrees that Kind TechGroup may pre-charge Client’s fees for the assistance to the credit card given by Client during sign up for the original Term.
A rate not less than 20% will be deducted from your refund to cover the costs of handling fee apart from all nonrefundable fees.
FREQUENTLY ASK QUESTIONS
Do you offer exchanges?
Yes, within 14 days of receiving your request. You may exchange it for a product of equal or lesser value; we will refund you the difference for lower-priced items and bill you for the difference for a higher-priced product.
I bought the wrong product. What do I do?
We ask all customers to check your original orders and compare your product against the website. If you believe you received the wrong product, please contact us within 7 days so we can work with you to correct the issue.
How do I know Kind TechGroup has received my return?
We will send you an email confirming receipt of your return. Your refund will reach you approximately 3 to 5 days after that email.
If you have not received an email within two weeks of the date you made your return to us, please contact Customer Service with your order so we can assist you.
How long does processing returns take?
Once we receive your email requesting the return, we will email you instructions about how the procedure. Once everything is set, we will process your refund within 7 business days and send you a notification to the email address you provided with your transaction. Expect the refund to be reflected on your credit card or PayPal account up to 5-10 days after that point or sometimes it varies depending on your gateway chosen and your bank.
Please take note that any returning fees or taxes may occur at your Customer’s responsibility unless proven the cause of trouble has occurred by Kind TechGroup’s own act.