|
Kolb Net Works, Inc. Acceptable
Use Policy
Kolb Net Works, Inc.
("We",
"Us"
or "Our")
provides a platform for internet web hosting services to its
subscribers (the
"Subscribers" or
"you"
or "your").
Services provided to you by Us ("Services")
may be suspended or terminated in accordance with the Terms
of Services for violation of Our Acceptable Use Policy ("AUP").
You are responsible for violations of this AUP by you and by
anyone using your Services, whether or not authorized by
you. We may amend this AUP at any time to further detail or
describe reasonable restrictions on your use of its
Services.
Inquiries regarding
this AUP should be directed to Kolb Net Works, Inc.,
info@kolbnetworks.com .
Content
Protected by Copyright
You may not use the Services to publish,
distribute, or otherwise copy any music, software, art, or
other work protected by copyright law unless you have been
expressly authorized by the owner of the copyright for the
work to copy the work in that manner or you are otherwise
permitted by established United States copyright law to copy
the work in that manner. You may not use a domain name that
infringes on a third party's trademark, service mark, or
other proprietary right.
Prohibited
Content
You may not publish or transmit
pornography, any content that is excessively violent or that
incites or threatens violence, contains harassing content or
hate speech, is unfair or deceptive such as chain letters
and pyramid schemes, is defamatory or violates a person's
privacy, creates a risk to a person's safety or health,
compromises national security, interferes with a
investigation by law enforcement, improperly exposes
confidential or proprietary information of another person,
is intended to assist others in defeating technical
copyright protections, infringes on another person's
intellectual property, promotes illegal drugs, violates
export control laws, relates to illegal gambling or illegal
arms trafficking, is otherwise illegal or solicits conduct
that is illegal under laws applicable to you or to Us, or is
otherwise malicious, fraudulent, or may result in
retaliation against Us by offended viewers. Content
"published or transmitted" includes Web content, e-mail,
bulletin board postings, chat, and any other type of posting
or transmission that relies on the Internet.
Linking
You may not use the Services to publish
directories, links or other information pointing to sites
that contain content prohibited by this AUP.
Resale
You may not resell the Services, either in
whole or in part.
Excessive Use
of System Resources
You may not use the Services in a way that
consumes a disproportionate amount of system resources. For
example, you may not distribute software to the public,
provide a public file download Services or employ programs
that consume excessive CPU capacity. We may suspend or
terminate your Services for violation of this provision in
addition to requiring you to pay Overage Fees as described
in the Terms of Service.
Bulk or
Commercial E-Mail
You must obtain Our advance approval for
any bulk or commercial e-mail, which will not be given
unless you are able to demonstrate, at a minimum, that your
intended recipients have given their consent to receive
e-mail via some affirmative means, such as an opt-in
procedure, your procedures for soliciting consent include
reasonable means to ensure that the person giving consent is
the owner of the e-mail address for which the consent is
given, you retain evidence of the recipient's consent in a
form that may be promptly produced on request, and you honor
the recipient's and Our requests to produce consent evidence
within 72 hours of receipt of the request.
You may not obscure the source of your
e-mail in any manner. Your e-mail must include the
recipient's e-mail address in the body of the message or in
the "TO" line of the e-mail.
These policies apply to messages sent
using the Services, or to messages sent from any network by
you or any person on your behalf that directly or indirectly
refer the recipient to a site hosted via the Services. In
addition, you may not use a third party e-mail service that
does not practice similar procedures for all its customers.
We may test and otherwise monitor your
compliance with its requirements, including requesting
opt-in information from a random sample of your list at any
time.
Newsgroup,
Chat Forums, Other Networks
You must comply with the rules and
conventions for postings to any bulletin board, chat group
or other forum in which you participate, such as IRC and
USENET groups including their rules for content and
commercial postings. These groups usually prohibit the
posting of off-topic commercial messages, or mass postings
to multiple forums.
You must comply with the rules of any
other network you access or participate in using the
Services.
Domain Names
We are not responsible for notifying you
of any impending domain name expiration dates. Generally you
must submit a renewal request at least 45 days prior to the
expiration of the domain. You must keep your WHOIS
information accurate and up-to-date. The e-mail address for
the Administrative Contact in the WHOIS database must be the
same as your billing e-mail address in Our records, and We
may, but are not required to, change the e-mail address to
comply with this requirement if necessary. Domain names may
not be transferred within the first sixty (60) days of
initial registration. Your rights to any domain name are
governed by the rules and regulations of ICANN, the
Registrar, and applicable law. Please note that requests for
domain name transfers may not succeed for a variety of
reasons not within Our control.
Internet
Abuse
You may not use Our Services to engage in
illegal, abusive, or irresponsible behavior, including: ·
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 (including those belonging to Us
and our Subscribers) without express authorization of the
owner of the system or network; · monitoring data or traffic
on any network or system without the authorization of the
owner of the system or network; · Interference with service
to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a
system and broadcast attacks; · Use of an Internet account
or computer without the owner's authorization, including,
but not limited to Internet scanning (tricking other people
into releasing their passwords), password robbery, security
hole scanning, and port scanning; · Forging of any TCP-IP
packet header or any part of the header information in an
e-mail or a newsgroup posting; or · Any conduct that is
likely to result in retaliation against Our Services or
network, including engaging in behavior that results in any
server under your control being the target of a denial of
service (DoS) attack.
Cooperation
with Investigations and Legal Proceedings.
We may, without notice to you, report to
the appropriate authorities any conduct by you and your
customers that it believes violates applicable law, and
provide any information it has about you in response to a
formal or informal request from a law enforcement or
regulatory agency, or in response to a formal request in a
civil action that on its face meets the requirements for
such a request.
Other
You must have valid and current
information on file with your domain name registrar for any
domain hosted on Our network. · Any actions which directly
or indirectly result in Our IP space being listed in any of
the various abuse databases may result in the immediate
suspension or termination of your Services. · You must use
the Services in a manner that complies with applicable law.
You may not use the Services for the development, design,
manufacture, production, stockpiling, or use of nuclear,
chemical or biological weapons, weapons of mass destruction,
or missiles, in a country listed in Country Groups D:4 and
D:3 of Supplement No. 1 to Part 740 of the United States
Export Administration Regulations, and you may not provide
access to the Services to any person (including any natural
person, business entity or government entity) that is
located in or is a national of any embargoed country which
are Cuba, Iran, Libya, North Korea, Sudan or Syria as of
September, 2005.
Copyright
Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being
infringed by a person using the our Services, please send
your written notice of copyright infringement to:
Disclaimer
We are under no duty, and does not by this
AUP undertake a duty, to monitor or police your activities
and disclaims any responsibility for any misuse of Our
Services or network. We have no obligation to any person who
has not entered into an agreement for Services.
|