TERMS AND CONDITIONS
Kidlatz.com is a website owned and operated by POLONUX IT SERVICES, an IT offshore services provider, situated in Pasig City, Philippines.
We offer a "HANDS-FREE" WEBSITE HOSTING™ which aims to provide AFFORDABLE websites and services to small/medium sized companies and individuals who have no access to technical resources to create their own websites, or who want budget-friendly solutions that are fast and worry-free at the same time.
However, we got terms and conditions that will apply to all our services that we provide. Thus, we require everyone to read and understand them carefully to avoid any issues that might arise in the future. For clarity, the term "you" or "his" or "her" or "client" or "customer" or "company" or "individual" or "hosted websites" refer to Kidlatz hosting clients. The term "services" or "products" refer to products and services being/had been offered in Kidlatz. The term "Kidlatz.com" or "Kidlatz" or "we" or "us" refer to POLONUX IT SERVICES.
ALL KIDLATZ HOSTED WEBSITES ARE BOUND BY THESE RULES AND CONDITIONS BELOW.
FOR WEBSITE HOSTING PLANS AND PROMOS
USER FILES AND DATA
Once you created a website with Kidlatz.com, we will assign a server folder for where we/you will put all the data files, documents and databases associated with the website you just created. These are YOURS and in the event that you decided to terminate your contract and settled all obligations, we will give it to you intact, including all the backups of these files we have in our servers.
Kidlatz cannot be forced or obliged to release the above files unless the client settled all his/her current and outstanding obligations.
LIMITATIONS OF FREE WEBSITE(S)
THE USER FILES AND DATA DO NOT INCLUDE THE SOFTWARE FRAMEWORK(S), THE TEMPLATE DESIGN(S), OR ANY FILES THAT WE OFFERED AS FREE ITEMS IN THE HOSTING PACKAGE THAT WAS PURCHASED BY THE CLIENT. THESE FILES ARE OWNED BY KIDLATZ.COM. UNLESS OTHERWISE THE CUSTOMER AGREE TO PAY THE TOTAL EQUIVALENT AMOUNT BASED ON THE CURRENT KIDLATZ PRICING AT THE TIME OF THE TERMINATION OF CONTRACT.
FTP/SSH/SFTP ACCESS AND OTHER SIMILAR METHODS ARE RESTRICTED ONLY TO KIDLATZ' TECHNICAL STAFF.
FREE website does not include provision for Secure Socket Layer (SSL) Certificates, Credit Card Merchant Accounts and other services that requires the client to apply personally due to legal processes involved, unless otherwise stipulated in the contract. However, Kidlatz will be willing to help in any ways possible to provide the technical requirements needed to secure approval of client's applications.
Clients who have accumulated/pre-paid three (3) yrs minimum lock-in period of continuous hosting at the time of termination of contract, will not be required to pay the ownership of these files anymore, provided that the client settled his/her current and outstanding obligations.
All websites running on Kidlatz.com are developed using open-source/free frameworks and tools, unless otherwise stipulated in the hosting package or in contract. If its open-source/free, we do not sell these softwares, unless there are customizations involved that requires programming and/or other services. For commercial, non-free softwares or customizations, we might ask for payment.
Kidlatz cannot be forced or obliged to release the above files unless the client settled all his/her current and outstanding obligations.
LIMITATIONS OF FREE DOMAINS(S) FOR LIFE
THE REGISTRATION AND RENEWALS OF THE DOMAIN IS FREE AS LONG AS THE WEBSITE IS HOSTED IN KIDLATZ.COM.
The domain will be registered using the contact information provided by the client.
Management of the domain's zone file(s), DNS/A/MX records are handled by Kidlatz exclusively, while the domain is FREE, unless otherwise the domain's registration and renewals are paid by the customer.
In ther event of termination of contract, less than three (3) years from the date of the registration, clients who intend to seek ownership of their domain will be required to pay all the costs of registrations and renewals, from the date of purchase up to the last date of renewal or registration. The price will be based on the current price of domain registration posted on Kidlatz site at the time of the termination of contract.
Clients who have accumulated/pre-paid three (3) yrs minimum lock-in period of continuous hosting at the time of termination of contract, will not be required to pay the domain costs that exceeds the said period.
Kidlatz cannot be forced or obliged to point or release the domain's zone file(s), DNS/MX/A records to another hosting provider unless the client settled all his/her current and outstanding obligations.
TERMINATION OF SERVICE
Both parties (the client and us) could terminate the contract anytime. However, we do not reimburse, payments already made for services rendered or products purchases. Furthermore, all items under LIMITATIONS OF FREE WEBSITE(S) and LIMITATIONS OF FREE DOMAIN(S) FOR LIFE have to be enforced.
If the termination is coming from us, it will only be because you violated any of the user guidelines stipulated in our TERMS AND CONDITIONS FOR WEBSITE USAGE AND CONTENTS.
FOR WEBSITE USAGE AND CONTENTS
VIOLATIONS
Any company or individual who violates any of these rules will have their service terminated immediately without notice. Those who found liable is subject to a forced disconnection fee of P 5,000, and P 1,000 per day that abuse occurred. In addition, actual labor charges and service interruption of other customers caused by this abuse of our Usage Guidelines, will be the responsibility of the abuser.
Kidlatz.com will not host sites containing any of the following:
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote unlawful activities
- Promote use of unsolicited bulk e-mail or spam
- Contain content that is threatening, defamatory, fraudulent, obscene or harassing
- Violate intellectual property rights
- Contain nudity or pornographic
LIMITATION AND LIABILITY
KIDLATZ.COM SHALL NOT BE RESPOSIBLE OR LIABLE FOR ANY CLAIMED DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM KIDLATZ.COM SERVERS GOING OFF-LINE, BEING UNAVAILABLE FOR ANY REASON WHATSOEVER. FURTHERMORE, KIDLATZ.COM SHALL NOT BE RESPONSIBLE FOR ANY CLAIMED DAMAGAES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE CORRUPTION OR DELETION OF ANY WEBSITE FILES OR DATA FROM ONE OF KIDLATZ.COM SERVERS. ALL DAMAGES SHALL BE LIMITED TO THE IMMEDIATE TERMINATION OF SERVICE. VIOLATIONS OF THESE TERMS AND CONDITIONS SHOULD BE REFERRED TO INFO@POLONUX.COM. ALL COMPLAINTS WILL BE INVESTIGATED PROMPTLY.
DISCLAIMER
KIDLATZ.COM CANNOT BE HELD LIABLE FOR SYSTEM DOWNTIME, CRASHES, DATA LOSS, OR ISSUES RELATED TO SEARCH ENGINE ACTIVITIES. WE CANNOT BE HELD LIABLE FOR ANY PREDICTED ESTIMATE OF PROFITS IN WHICH A CLIENT WOULD HAVE GAINED IF THEIR SITE WAS FUNCTIONING. CERTAIN SERVICES PROVIDED BY KIDLATZ.COM ARE RESOLD. THUS, CERTAIN EQUIPMENT, ROUTING, SOFTWARE, AND PROGRAMMING/TOOLS USED BY KIDLATZ.COM ARE NOT DIRECTLY OWNED OR WRITTEN BY KIDLATZ.COM. MOREOVER, KIDLATZ.COM HOLDS NO RESPONSIBILITY FOR THE USE OF OUR CLIENTS ACCOUNTS. IF ANY TERMS OR CONDITIONS ARE FAILED TO BE FOLLOWED, THE ACCOUNT IN QUESTION WILL BE AUTOMATICALLY DEACTIVATED. WE RESERVE THE RIGHT TO REMOVE ANY ACCOUNT WITHOUT ADVANCED NOTICE FOR ANY REASON WITHOUT RESTITUTION AS KIDLATZ.COM SEES FIT. FURTHERMORE, KIDLATZ.COM RETAINS THE RIGHT TO CHANGE ANY OR ALL OF THE ABOVE POLICIES, GUIDELINES, AND DISCLAIMER WITHOUT NOTIFICATION.
