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This document sets forth the principles, guidelines and
requirements of the Acceptable Use Policy of KDWebServices governing the use by the
Customer ("Customer") of KDWebServices's services and products ("Services
and Products"). The Purpose of KDWebServices's Acceptable Use Policy, hereinafter
referred to as the AUP, is to comply with all Federal, State, Provincial, and local laws
coupled with protecting the server security, server availability, physical security,
Customer privacy, and other factors affecting the services provided by KDWebServices.
KDWebServices reserves the right to impose reasonable
rules and regulations regarding the use of its services provided to all Customers and such
rules and regulations are subject to change. The AUP is not an all inclusive exhaustive
list and KDWebServices reserves the right to modify the AUP at any time as needed.
Acceptance and execution of the Master Services Agreement binds all parties to KDWebServices's stated AUP at the time the contract is executed and as modified from time to time.
Any violation of the AUP may result in the suspension or termination of Customer
account(s) or such other action as KDWebServices deems appropriate. No credits will be
issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY
PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES
CUSTOMER RECEIVES FROM KDWebServices.
Any questions or comments regarding the AUP should be
directed to: Report Abuse
Customer shall not post, transmit, re-transmit or store
material on or through any of Services or Products which, in the sole judgment of KDWebServices is (i) in violation of any local, provincial, state or federal law or regulation,
(ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect
any individual, group or entity (collectively, "Persons") or (iii) violates the
rights of any person, including rights protected by copyright, trade secret, patent or
other intellectual property or similar laws or regulations including, but not limited to,
the installation or distribution of "pirated" or other software products that
are not appropriately licensed for use by Customer. Customer shall be responsible for
determining what laws or regulations are applicable to its use of the Services and
Products.
Violations of system or network security are strictly
prohibited, and may result in criminal and civil liability. KDWebServices investigates all
incidents involving such violations and will cooperate with law enforcement if a criminal
violation is suspected.
Examples of system or network security violations
include, without limitation, the following:
- Introduction of malicious programs into the network or
server (example: viruses, worms, Trojan Horses, key loggers, and other executables
intended to inflict harm).
- Effecting security breaches or disruptions of Internet
communication and/or connectivity. Security breaches include, but are not limited to,
accessing data of which the Customer is not an intended recipient or logging into a server
or account that the Customer is not expressly authorized to access. For purposes of this
section, "disruption" includes, but is not limited to port scans, flood pings,
email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept
data not intended for the Customer's hosting space.
- Circumventing user authentication or security of any host,
network or account, including cracking.
- Interfering with or denying service to any user, host, or
network other than the Customer's host (example: denial of service attack or distributed
denial of service attack).
- Conduct designed to avoid restrictions or access limits to
specific services, hosts, or networks, including but not limited to the forging of packet
headers (spoofing) or other identification information.
- Using any program script/command, or sending messages of
any kind, designed to interfere with or to disable, a user's terminal session, via any
means, locally or via the Internet.
- Failing to comply with KDWebServices's procedure relating
to the activities of Customers on the KDWebServices premises. Violators of the policy are
responsible, without limitations, for the cost of labor to correct all damage done to the
operation of the network and business operations supported by the network. Such labor is
categorized as emergency security breach recovery and is currently charged at $100.00 USD
per hour required. Network interference by any Customers that may cause or is currently
causing network interference with another Customer will be disconnected immediately. No
service credits will be issued to Customers disconnected for network violations.
Each Customer is expected to execute reasonable Internet
etiquette (Netiquette), the accepted behavior and expectations of the Internet community.
The Customer will comply with the rules appropriate to any network to which KDWebServices
may provide access. The Customer should not post, transmit, or permit Internet access to
information the Customer desires to keep confidential. The Customer is not permitted to
post any material that is illegal, libelous, and tortuous, indecently depicts children or
is likely to result in retaliation against KDWebServices by offended users. KDWebServices
reserves the right to refuse or terminate service at any time for violation of this
section. This includes advertising services or sites via IRC or USENET in clear violation
of the policies of the IRC channel or USENET group.
KDWebServices will cooperate fully with any criminal
investigation into a Customer's violation of the Child Protection Act of 1984 concerning
child pornography. Customers are ultimately responsible for their actions over the KDWebServices network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video or any other type of visual presentation that shows a
person who is or is depicted as being under the age of eighteen years and is engaged in or
is depicted as engaged in explicit sexual activity, or the dominant characteristic of
which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a
person under the age of eighteen years or any written material or visual representation
that advocates or counsels sexual activity with a person under the age of eighteen years.
KDWebServices hosting space may only be used for lawful
purposes. Transmission, distribution, or storage of any information, data or material in
violation of laws, or by the common law, is prohibited. This includes, but is not limited
to, material protected by copyright, trademark, trade secret, or other intellectual
property rights; including creating, utilizing, distributing unauthorized copies of
software, or the use of BitTorrent or other types of technologies utilized in the
distribution of illegally copied materials. If Customer copies, distributes or
installs software in defiance of the license agreement, Customer is violating federal
copyright law. KDWebServices will cooperate with all law enforcement agencies in relation
to alleged copyright infringement housed on our servers.
Data Unlawful or Against the AUP: Promoting
violation of the law or the AUP by hosting data that facilitates the violation is
prohibited, including but not limited to:
- Hosting web pages that detail the methodology of
committing unlawful acts, or acts violating this AUP.
- Hosting software, scripts, or other resources intended to
facilitate committing unlawful acts, or acts violating this AUP.
- Advertising, transmitting, storing, or using any software,
script, program, product, or service designed to violate this AUP.
- Harvesting. The collection of email addresses,
credit card information, or other personal information for fraudulent use or sale is
prohibited.
- Phishing. Hosting web pages with forwards to, containing
scripts or executables for, or any other component of an operation designed to
fraudulently collect authentication, credit card, names, addresses, or any other personal
data is not permitted.
- Spamvertised Sites. Hosting web pages advertised by spam
sent from another network (spamvertised) is not permitted.
- Users are responsible for any scripts that are uploaded
into your hosting space and the security of such scripts. Any disruption to the
function of the web servers or breaches of security due to insecure scripts will be cause
for immediate termination of your account.
- Domain names must be live on our servers. Your
hosting space cannot be used for storage, downloads and/or bandwidth usage via IP address
from outside the live site.
Email Spam. KDWebServices has a zero tolerance policy on
SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same,
or substantially similar, unsolicited electronic mail messages, whether commercial or not,
to more than one recipient. A message is considered unsolicited if it is posted in
violation of a newsgroup charter or if it is sent to a recipient who has not requested or
invited the message. UCE also includes e-mail with forged headers, compromised mail server
relays, and false contact information. This prohibition extends to the sending of
unsolicited mass mailings from another service, which in any way implicates the use of KDWebServices whether or not the message actually originated from our network.
Block Removal. If Customer actions have caused KDWebServices mail servers or KDWebServices IP address ranges to be placed on black hole lists and
other mail filtering software systems used by companies on the internet, Customer will be
assessed a $100 charge to Customer account and $100 per hour for administrative charges
incurred to remove and protect mail servers and IP ranges.
- Drop-Box Accounts. Using our servers for the receipt of
replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
- Header Forgery: Forgery of email headers (spoofing) is
prohibited.
- Proxy Spamming: Spamming via third-party proxy,
aggregation of proxy lists, or installation of proxy mailing software is prohibited.
- Relaying. Configuration of a mail server to accept and
process third-party messages for sending without user identification and authentication is
prohibited.
- No ISP, Wireless or similar companies are to use the KDWebServices mail servers for customer mail servers.
Report Abuse
Sending mass unsolicited email is considered spam.
Unsolicited email is defined as email sent to a recipient who has not double-opted in to
mailings from the Customer. Senders of mass mailings must maintain complete and accurate
records of all opt-ins, including the email and its headers if applicable, and provide
such records to KDWebServices upon request. If positive and verifiable proof of opt-in
cannot be provided, complaints from recipients of the mailing are considered proof they
did not subscribe and the mailing is unsolicited.
KDWebServices's mass mailing rules also apply to mailing
lists, list servs, or mailing services contracted for by Customer. The policy is stated as
follows: An acceptable mailing list will be focused at a targeted audience that has
voluntarily signed up for e-mail information using a double opt-in process or that has
made their e-mail address available to Customer for distribution of information. The list
must also allow for automatic removal by all end Customers with non-distribution in the
future.
By agreeing to this AUP, Customer affirms that the
contact and payment information provided to KDWebServices identifies Customer and that
Customer is authorized to use the payment method. Commitment of fraud, obtaining services,
or attempting to obtain services by any means or device with intent to avoid payment is
prohibited.
KDWebServices does not allow IRC plug-ins, scripts,
add-ons, clones or other software that has the intent or effect of disrupting or denying
service to other users. Harassing, disrupting or denying service to other users is
expressly prohibited, and will result in the cancellation of Customer account(s).
Resellers are responsible for the conduct of their
Customers and by agreeing with this AUP, agree that their Customers will adhere to the
AUP. Resellers should make their prospective Customers aware of the AUP and the
consequences for violation.
KDWebServices will use reasonable care in notifying the
Customer and in resolving the problem in a method resulting in the least amount of service
interference as reasonably possible. KDWebServices reserves the sole right to suspend
service to any Customer for violation of the AUP without notice. KDWebServices reserves the
right to terminate service without notice for any account that impacts the availability of
our servers to others in a shared hosting environment.
- Suspension for non payment: Any account, service or product Past Due its renewal date may be suspended and/or terminated for non payment. When an account is suspended all web hosting, promotion, design, updates, and email services are put into suspension until payment is brought current. Upon suspension, notices may be emailed every 5 days for 60 days prior to termination.
- Termination for non payment: Any account Past Due may be terminated for non payment of services. In the case of an account being terminated all files and email will be removed from the server and may not be retrievalble from backup.
KDWebServices sends out 60, 30, 15, 5, and 1 day payment due notices to ensure you are notified of any payments due.
Domains will be registered for clients at a minimum registration period of one year. Unless otherwise notified, renewal of domain names is done automatically for KDWebServices clients within 30 days of the domain expiration date. Cancellation of a domain name registration must be received a minimum of thirty days prior to renewal. The registrant will be responsible for payment of an additional year registration fee if the domain has already been renewed.
MHS will maintain the domain name registration for as long as the account is paid in full. MHS will perform changes to the domain name record at the clients request. Upon cancellation, the ownership of the domain is transferred to MHS. Domain name registration and dispute resolution is bound by the Uniform Domain Name Dispute Resolution Policy ("UDRP") http://www.icann.org/dndr/udrp/policy.htm as set forth by ICANN Internet Corporation for Assigned Names and Numbers. If you at any time choose transfer your domain registrar from MHS to another registrar a $25 unlock and EPP Code issuance fee will apply.
Redemption: If a domain goes into redemption after not being renewed there may be a $150 fee by the domain registrar (Enom, GoDaddy, Network Solutions, Register.com, Dodster) to remove the domain from redemption. This is a fee that passes stright through MHS to the registrar.
Please also see Domain Name Registration Terms and Conditions
- All cancellations MUST be submitted online prior to your next billing cycle.
- Cancellation Form
- Services will be cancelled imediatly upon receipt of cancellation request.
- ALL Dedicated Servers require a 30 day notice of cancellation.
- Immediate disconnection of service with no re-activation.
- Upon termination of an account, your right to use the
account and the Service immediately ceases. KDWebServices shall have no obligation to
maintain any Data stored in your account or to forward any Data to you or any third party.
By participating in KDWebServices's Affiliate internet marketing program. (the "Affiliate Program"), You agree with the supplemental Program terms and conditions set forth below, established by KDWebServices ("MaineHost.com"). Capitalized terms used but not defined below have the same meanings as set forth in the KDWebServices Terms and Conditions.
In consideration of participating in the Program, You agree to the following terms:
1) Spam.
Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to MaineHost.com's Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. KDWebServices reserves the right to collect, withhold, or cancel any and all compensation related to the content You send via commercial electronic mail messages.
2) Tracking Tags.
The tools, products and creative assets (collectively, "Assets") that are provided to You by KDWebServices provide valuable information vital to the success of the Affiliate Program, including information that helps make sure Transactions generated by You are properly attributed to You for Payout calculations. Thus, each of these Assets must be used in their intended manners. You agree that You will not corrupt, modify or disable the tracking functionality provided to You related to the Program.
3) Keywords, Pay Per Click advertising, and domain names involving KDWebServices's trademark "MaineHost.com" and variations thereof.
You shall not purchase search engine keywords or domain names that use KDWebServices' trademark "KDWebServices" and/or certain variations and mispellings thereof. You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the words "KDWebServices" or certain variations and mispellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from:
- Bidding on KDWebServices' trademark, "KDWebServices", and any keyword string that includes this term. For example, "MaineHost.com", "Maine Web Hosting Solutions", "Maine Hosting", "Maine Web Hosting", etc.; and
- Bidding on variations of KDWebServices' trademark: for example "Maine Web Hosting", "MaineHost.com", www.MaineHost.com", "Maine Host", "Web Hosting", www.MaineHost", "ww.MaineHost.com", "Maine-Host.com", "www,MaineHost.com", "Maine.Host", "wwwMaineHost.com", "mainehost", etc.
- Purchasing domain names based on KDWebServices' trademarks or variations of KDWebServices' trademark: for example "mainehooost.com", "mainhost.com", "mainehosted.com", "mainewebhost.com", etc.
- Purchasing Pay Per Click advertising containing KDWebServices' trademarks or variations of KDWebServices' trademark: for example "mainehost.com", "mainehosting.com", "mainehostingsolutions.com", "mainehost.net.", etc.
- If KDWebServices determines, in its sole discretion, that You have purchased or attempted to purchase "KDWebServices" keywords or domain names, or one of the three cited examples above, then KDWebServices may (without limiting any other remedies available to it) pursue any or all of the following actions:
- Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms;
Remove You from the KDWebServices affiliate Program permanently; and/or
Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently.
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