Please note: I am not a lawyer. Any advise I offer here is without warranty and may (probably is) inaccurate and incomplete. Don't sue me, and if you are concerened you should contact a real lawyer with experience in business contracts.
Anyway; technically speaking the CSK does not violate the terms of either of these provisions.
The CSK does not provide any "real-time" interactive features. This would be the anti-IRC (internet relay chat) clause that most ISPs stick in their contracts. This is a fairly harmless provision. The reason it is in there isn't because IRC sites use too many resources though. It is because IRC communities often center around sexual content (opens the door to child predators), illegal software/music/movie trading, or just plain idiot "l33t H4><0r" types that love to get into flame wars in real-time chats then get angry and start hacking each other or the ISP in order to "get back" at the person that offended them. However, the CSK doesn't have real-time chat. It has a forum module, but this isn't real time by any means. The types of jerks that gave IRC a bad name don't generally have the patience to terrorize a forum though... so it doesn't violate the rule, nor the spirit of this rule.
The CSK does make heavy use of the database; however it also caches quite a good bit of data too. There will be a few calls made to the database on just about every request, but none of these are inefficient SQL operations and it should not negativly impact the performance of their database in a shared hosting environment. However; the legal wording of this clause is vague which means that even in a court of law it could be difficult to know how a verdict would come down. The key phrase is "excessive calls to the database server". The CSK does not make "excessive calls" in "my opinion"; however without a better definition of what is acceptable and what is excessive it will be impossible to know if ANY web site that uses a database is in violation of this clause. Their example of a portal application does come awful close to describing the CSK since the CSK behave "similarly" to a portal application and very well may make a database call on every request to the page. However; the CSK does cache what data can be cached without impairing capbabilities and the calls it does make are generally very efficient (assuming you applied the CSK database performance fix or are using the GCN 1.1).
Anyway; if you are concerned you should ask your ISP if the CSK violates their terms. If it does, move to a better ISP. Otherwise; get them to put in writing that the CSK doesn't violate their terms so that you have a written permission from the company and they can't change their minds about it later.
Stephen M. Redd
http://www.reddnet.net