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Acceptable Use Policy
Posted: May 14th, 2005
AUP applies to all KEK Technology Inc. customers.
This Acceptable Use Policy (“AUP”) applies to all customers (“you” or “customer,” whether or not capitalized) of KEK Technology Inc. (“KEK”) or any KEKhost/KEKhosting affiliate upon subscription to the services of KEKhost/KEKhosting or any KEKhost/KEKhosting affiliate (“Services”), including subscription through a third party or any commercial partner.
Customer agrees to use the Services only for lawful purposes, in compliance with all applicable laws, and in compliance with this AUP. If customer uses the Services for unlawful purposes or not in compliance with all applicable law, or is, or uses the Services, not in compliance with this AUP, then KEKhost/KEKhosting may exercise the rights set forth in the “Violation” section of this AUP.
Specific activities that are prohibited include, but are not limited to:
> Threatening harm to persons or property or otherwise harassing behavior.
> Violating American/Canadian export control laws or regulations, including those affecting software or technical information or violating American/Canadian laws or regulations concerning the doing of business with certain sanctioned countries or with designated persons or entities.
> Misrepresenting or fraudulently representing products/services.
> Transmission, distribution or storage of any material in violation of any applicable law or regulation.
> Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
> Failure to provide complete, truthful and accurate information regarding the customer’s identity and locations as requested on all of KEK’s application forms.
> Transmission, distribution or storage of any material that sponsors, assists in, or encourages the unlawful use or threatened use of force or violence against persons or property to intimidate or coerce a government, any civilian population or any segment thereof, in furtherance of political or social objectives.
> Being subject to economic sanctions, prohibitions or restrictions imposed by any governmental authority having jurisdiction over customer or in any jurisdiction where KEKhost/KEKhosting or any of its affiliates are located and whether or not the services provided to customer by us or such affiliate would violate such economic sanctions, prohibitions or restrictions.
> Facilitating, aiding, or encouraging any of the above activities, whether using iWeb’s network or Services by itself or via a third party’s network or service.
> Interference with a third party’s use of KEKhost/KEKhosting’s network or Services, or ability to connect to the Internet or provide services to Internet users.
> Managing a proxy server.
KEKhost/KEKhosting has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, KEKhost/KEKhosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. KEKhost/KEKhosting will notify law enforcement officials if the violation is believed to be a criminal offense. Customer acknowledges that customer is responsible for any and all SPAM related actions which come from customer’s account.
> Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
> Customer will not use another site’s mail server to relay mail without the express permission of the site.
> It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside the KEKhost/KEKhosting network.
Frequent Attack Targets Services (IRC networks, Camfrog, etc.)
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. It is also forbidden to host Camfrog servers or other server applications that are frequent targets of Denial of Service attacks or other types of attacks. Any server guilty of a second violation will result in immediate account termination.
Adult content
KEKhost/KEKhosting Dedicated Server and KEKhost/KEKhosting Colocation
Legal adult content must be published in accordance of any applicable law or regulation.
KEKhost/KEKhosting Shared Hosting
It is strictly forbidden to publish adult content on shared hosting accounts. The restriction applies, without limitation, to images and videos.
System and Network Security
Customer is prohibited from utilizing the Services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.
Specific activities that are prohibited include, but are not limited to :
> Threatening harm to persons or property or otherwise harassing behavior.
> Use or distribution of tools designed for compromising security.
> Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
> Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
> Deliberate attempts to overload a system and broadcast attacks.
> Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
> Intentionally or negligently transmitting files containing a computer virus or corrupted data.
Resource Usage
KEKhost/KEKhosting Shared Hosting
On shared hosting accounts, it is strictly forbidden, to make your account resources available (whether for free or pay) to the general public. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting, free web hosting or any other similar service. At any time, all shared hosting accounts must use an acceptable level of resources and stay below 2% of the total system resources.
Violation
KEK, in its sole discretion, will determine what action will be taken in response to a violation of this AUP on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. KEKhost/KEKhosting may block access at the router level to the Customer’s Equipment involved. If KEKhost/KEKhosting believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer’s Equipment or data, and the suspension or termination of Services. KEKhost/KEKhosting may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. KEKhost/KEKhosting and its affiliates have no obligation to provide warnings under any circumstances and can terminate the customer’s account without prior notice if the customer violates this policy.
Rights Reserve
KEKhost/KEKhosting reserves the right to modify this AUP at any time without notice. Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer. KEKhost/KEKhosting can require a signed copy of this documents.