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Acceptable Use Policy (AUP)
This User Agreement ("Agreement") is an agreement between K.A.S HOSTING ("K.A.S HOSTING"), and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING K.A.S HOSTING'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. K.A.S HOSTING reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by K.A.S HOSTING. Activation of the Services shall indicate K.A.S HOSTING's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, K.A.S HOSTING will provide to Customer the Services selected by Customer set forth on the Order Form.
Usage Policy
Under this Agreement, Customer shall comply with K.A.S HOSTING's then current "Usage Policy", as amended, modified or updated from time to time by K.A.S HOSTING, which currently can be viewed at http://www.kas.net.au/aup.htm, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. K.A.S HOSTING does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Notwithstanding anything to the contrary contained in this Agreement, K.A.S HOSTING may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event K.A.S HOSTING takes corrective action due to a violation of the Usage Policy, K.A.S HOSTING shall not refund to Customer any fees paid in advance of such corrective action.
Terms and Conditions
1) The Virtual Web Server Internet Account and related electronic services may be used for legal purposes only. Any violations consistent with existing international, federal, state or local laws will be grounds for an immediate termination of service with no refund. This includes any and all forms of gambling. Transmission, distribution or storage of any material in violation of international, federal, state or local laws is prohibited and will be grounds for an immediate termination of service. This includes, but is not limited to, material protected by: copyright, trademark, patent, and/or trade secret or other intellectual property right use without proper authorization.
2) Engaging, advertising, and/or participating in the sending of Unsolicited Email or sales of software necessary to administer such activity is explicitly prohibited on K.A.S HOSTING's servers. Activity of this nature is also prohibited by K.A.S HOSTING's connectivity providers. As such, K.A.S HOSTING receives complaints from Providers and customers and investigates such complaints. If the Account Holder is found in violation of UCE regulations or threatens K.A.S HOSTING's connectivity and Business reputation through actions related to participating in Unsolicited Email, Account Holder's Virtual Web Server Internet Account will be terminated immediately without refund. If customer requests restoration of services after termination has been executed, for purposes of obtaining files for transfer, Account Holder agrees to submit payment in the amount of $200.00 for such restoration.
3) The Account Holder understands that K.A.S HOSTING's servers are not Bulk Email servers and that K.A.S HOSTING cannot allow an excessive volume of mail which can hinder the performance of the server for other account holders. If Account Holder should abuse the use of his account to send such email, K.A.S HOSTING may interrupt the site and submit, to the Account Holder, an invoice for costs involved in recovering from such previous to the Virtual Web Server Internet Account being reactivated.
4) The Account Holder agrees not to transmit, distribute, store, advertise, link to, or make available any images, language, or ideas containing sexually explicit or implicit subject matter. K.A.S HOSTING reserves the right to make a final determination in any dispute involving sexually explicit or implicit subject matter. The first occurrence of a violation of this provision will result in a suspension of services to the Account Holder, providing such time for removal of sexually explicit material. K.A.S HOSTING reserves the right to halt services, for a violation of this provision, with or without notice. Any occurrence thereafter of a violation of the aforementioned provision will result in a termination, without any refunds. If customer requests restoration of services after termination has been executed, Account Holder agrees to submit payment in the amount of $200.00 for such restoration.
5) Account Holder / Re-Seller shall have no power, right or authority to execute any contract on behalf of K.A.S HOSTING or bind K.A.S HOSTING to any agreement, matter or case, including any K.A.S HOSTING Master Service Agreement.
6) Payment shall be made in AU dollars to K.A.S HOSTING. All accounts will be automatically charged for renewals, one month before the account expiration, with payment information as provided in original order. If K.A.S HOSTING does not receive payment in full of any invoice (with the exception of bank fees and charges) within 14 days, then the Account Holder accepts that K.A.S HOSTING will interrupt service(s) with the Account until such payment is made in full. Payments in full of any invoice, with the exception of the aforementioned provision, not received within 30 days will result in a termination of service(s) to Account Holder. If customer requests restoration of services after termination has been executed, Account Holder agrees to submit payment in the amount of $150.00 for such restoration.
7) The Account Holder understands that Virtual Web Server Internet accounts are provided by K.A.S HOSTING on a shared server. Accordingly, the Account Holder's web site and services will be shared with other customers web sites and services on the same server. The Account Holder understands that poorly written CGI and Perl scripts consume a vast amount of K.A.S HOSTING's system resources. For this reason, K.A.S HOSTING will allow the Account Holder to maintain a maximum of 1000 CPU seconds each day. This policy will be strictly monitored and enforced by K.A.S HOSTING's system administrators. If Account Holder is found to be in violation of this provision, K.A.S HOSTING's system administrators have the authority to shut down any and all scripts responsible for the violation. If any damage to K.A.S HOSTING's systems results from a violation of this provision, K.A.S HOSTING can and will seek recovery for said damages.
8) The Account Holder agrees that K.A.S HOSTING has a monthly bandwidth limit per each account. If the Account Holder exceeds this limit, he/she will be subject to a charge equivalent to the amount exceeded. The charge will be based on $ 0.08 per Megabytes over the monthly limit. Charges for exceeding bandwidth are due within 15 days of presentation of invoice. Failure to pay invoice, after 15 days, will result in suspension of service(s) until such amount is paid in full.
9) The Account Holder understands that any account of K.A.S HOSTING has a defined storage space associated with the domain package. If the Account Holder exceeds the defined storage space limit, he/she will be invoiced for such overages. Chronic neglect of disk overage notices and failure to submit payment for overages within 15 days of invoice date, will result in suspension of service(s) until the account is brought within the storage space limit or the invoice has been paid.
10) The Account Holder understands that K.A.S HOSTING attempts to maintain service to its customers 100% of the time. The Account Holder also understands that there are certain problems that are beyond the control of K.A.S HOSTING. The Account Holder agrees that K.A.S HOSTING will have no liability exceeding the cost of the Virtual Web Server Internet Account to the Account Holder in the event of any such occurrence where service becomes impaired or suspended for an indefinite period of time resulting in the loss of revenue, service(s), or customer(s). There are such circumstances that can and will happen beyond the control of K.A.S HOSTING and the Account Holder understand this and holds this to be factual. Account Holder agrees that K.A.S HOSTING shall not issue refunds for any occurences which are outside of K.A.S HOSTING's control.
11) K.A.S HOSTING owns all right, title and interest in K.A.S HOSTING's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function and provision of services by K.A.S HOSTING, and in the related hardware and software systems. K.A.S HOSTING makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing K.A.S HOSTING's rights and used by Account Holder to promote and provide services to Account Holder's customers.
12) K.A.S HOSTING's trade names, service marks, inventions, copyrights, trade secrets, patents, and logos may not be copied or linked to by the Account Holder. A violation of this provision will result in a suspension of services until the material in question is removed from the web page.
13) The Account Holder acknowledges that by reason of its relationship with K.A.S HOSTING, it may have access to certain information and materials relating to K.A.S HOSTING's business, services, customers, software technology, and marketing strategies that is confidential and of substantial value to K.A.S HOSTING. The Account Holder agrees not to disclose any of the above information to any third party. The provisions of this section shall survive this termination of the agreement for any reason.
14) K.A.S HOSTING shall not be treated as the publisher or speaker of any information provided by another information content provider. K.A.S HOSTING is not liable in any way for any tortuous statements made on it's servers to any third party.
15) This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements concerning the services and shall not be modified or altered, except by a written instrument duly executed by the parties. Should any provision of this Agreement be held bya court of law to be illegal, invalid, or unenforceable, the legality, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
The Account Holder agrees to fully abide by all terms, conditions, rules, and regulations as described above. The Account Holder also acknowledges that Account Holder's identification is accurate and correct. Finally, Account Holder acknowledges that he/she is of contractual capacity under the laws of the state in which account holder resides.
K.A.S HOSTING USAGE POLICY
This is K.A.S HOSTING's Usage Policy, which supplements the service agreement of each user of K.A.S HOSTING's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using K.A.S HOSTING's services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. K.A.S HOSTING will revise this Usage Policy form time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on K.A.S HOSTING's website at KAS.NET.AU, will constitute such person's acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. K.A.S HOSTING is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Spamming
Spamming, whether or not it overloads the Services or disrupts service to K.A.S HOSTING's Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. K.A.S HOSTING reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.
Hacking
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. K.A.S HOSTING is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined by K.A.S HOSTING, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. K.A.S HOSTING will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Other Activities
Engaging in any activity that, in K.A.S HOSTING's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, K.A.S HOSTING's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of K.A.S HOSTING's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with K.A.S HOSTING in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.
In general, K.A.S HOSTING does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when K.A.S HOSTING becomes aware of any violation of this Usage Policy or its User Agreement, K.A.S HOSTING may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, K.A.S HOSTING may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. K.A.S HOSTING reserves the right to take any such action even though such action may affect other customers of the Subscriber.
K.A.S HOSTING may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect K.A.S HOSTING or others from harm, and/or to ensure the proper operation of the Services. K.A.S HOSTING has no obligation to notify any person, including the Subscriber about whom information is sought, that K.A.S HOSTING has provided the information.
COPYRIGHT INFRINGEMENT NOTICE INFORMATION
K.A.S HOSTING has adopted a policy that provides for termination of web sites hosted by K.A.S HOSTING that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a web site that is hosted by K.A.S HOSTING or its subsidiaries, and the copyright holder wants K.A.S HOSTING to remove the web site or disable the material in question, K.A.S HOSTING will remove the web site or disable the material if the copyright holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
5. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Notices should be directed to:
infringement@kas.net.au |
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