Acceptable Use Policy (AUP)

Acceptable Use Policy

This policy is intended as a guide to the customer’s rights and obligations when using **KGNPAYHOST**’s services.

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General Principles

As a provider of web site hosting and other Internet-related services, **KGNPAYHOST** offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. **KGNPAYHOST** respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, **KGNPAYHOST** reserves the right to take certain preventive or corrective actions. This AUP supplements and explains certain terms of each customer’s respective service agreement, and will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgement and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that **KGNPAYHOST** cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because **KGNPAYHOST** cannot monitor or censor the Internet, and will not attempt to do so, **KGNPAYHOST** cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

Subscriber Responsibility and Liability

When subscribers disseminate information from the Internet, they must keep in mind that **KGNPAYHOST** does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over **KGNPAYHOST**’ network and may reach a large number of people, subscribers’ postings may affect other subscribers and may affect **KGNPAYHOST**’ goodwill, business, reputation or operations. For these reasons, subscribers violate **KGNPAYHOST** policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Prohibited Activities
  1. **Spamming:** Sending unsolicited bulk and/or commercial information over the Internet. This is prohibited and can lead to service disruption. Maintaining an open SMTP relay is also prohibited. A **$250 charge** for violating this policy will be assessed, and a **$1.00 charge per email sent** may be assessed if **KGNPAYHOST** chooses to pursue prosecution.
  2. **AUDIO/VIDEO STREAMING:** Audio/Video Streaming is not hosting friendly. **KGNPAYHOST** does not allow any streaming of audio or video content. Offending accounts will be suspended without notice or terminated.
  3. **ADULT-ORIENTED CONTENT:** **KGNPAYHOST** strictly does not allow adult content.
  4. **Disk Usage Provision:**
    • Website content must be linked from an HTML or similarly coded web page and freely available to the public. Your website should consist mostly of html and php files.
    • The number of inodes employed by one hosting account on shared and reseller servers must not exceed the specified limits.
    • **Downloadable File Limitations (Shared Hosting):** A maximum of **10GB** can be allocated to each of the following categories: music/video files (.aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif), archive/disk image files, databases/database dumps (.sql), and executable files.
    • Any user whose account/server consistently employs higher burstable resources will be required to upgrade their package.
  5. **Use of Email Services:**
    • Shared Hosting accounts may send/forward not more than the following number of emails, per hour per domain (limit not specified in text, but policy is stated).
    • Shared Hosting email storage shall not exceed the **10GB** limit.
    • IMAP/POP3 mailboxes: up to **100** email checks per hour.
    • POP3 Concurrent Connections: up to **10** per IP on Shared/Reseller; up to **20** on Business/Email servers.
    • IMAP Concurrent Connections: up to **30** per IP on all servers.
    • SMTP Concurrent Connections: up to **100** on the whole server.
  6. **LARGE FILE POLICY:** **KGNPAYHOST** is not for file hosting and distribution. Customers may not host any files larger than **100MB** in size that are observed to be available for the sole purpose of download (.ISO, audio/video files, .EXE files).
  7. **OBSCENE SPEECH OR MATERIALS:** Displaying or transmitting child pornography or obscene speech/material is prohibited. **KGNPAYHOST** is required by law to notify law enforcement.
  8. **DEFAMATORY OR ABUSIVE LANGUAGE:** Transmitting or posting negative, defamatory, harassing, abusive or threatening language.
  9. **FORGING OF HEADERS:** Forging or misrepresenting message headers to mask the originator.
  10. **ILLEGAL OR UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR NETWORKS:** Attempting to penetrate security measures (“hacking”), or engaging in precursor activity (port scan, stealth scan, etc.).
  11. **DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE ACTIVITIES:** Distributing information for the creation of destructive software or activities that disrupt network usage (pinging, flooding, mail bombing, denial of service attacks).
  12. **FACILITATION A VIOLATION OF THIS AUP:** Advertising, transmitting, or making available any software or service designed to violate this AUP (e.g., spam tools, piracy software).
  13. **EXPORT CONTROL VIOLATIONS:** Exporting encryption software over the Internet to points outside the United States.
  14. **USENET GROUPS:** **KGNPAYHOST** reserves the right not to accept postings from newsgroups that violate the AUP.
  15. **OTHER ILLEGAL ACTIVITIES:** Engaging in activities such as ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
  16. **Backup Limitations:**
    • **Starter Business, Ultimate Plan:** Unlimited backup storage with Jetbackup, stored for **14 days**.
    • **Non-Payment Suspension:** Accounts suspended for non-payment can request backups within **14 days** of the due date. After 14 days, the account and backups will be terminated and removed.
    • While most servers have backup equipment, **KGNPAYHOST cannot guarantee** material will be backed up and is **not responsible for lost material**. Customers are advised to back up accounts off-server.
  17. **OTHER ACTIVITIES:** Engaging in activities, whether lawful or unlawful, that **KGNPAYHOST** determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
Enforcement and Monitoring

The responsibility for avoiding harmful activities rests primarily with the subscriber. **KGNPAYHOST** will not, as an ordinary practice, monitor the communications of its subscribers. However, when **KGNPAYHOST** becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to:

  • Removal of information or shutting down a web site.
  • Implementing screening software to block offending transmissions.
  • Denying access to the Internet.
  • Any other action deemed appropriate by **KGNPAYHOST**.

**KGNPAYHOST** reserves the right to directly take action against a customer of its subscribers and may take action against the **KGNPAYHOST** subscriber itself due to the activities of their customer.

Indemnification and Disclosure

KGNPAYHOST will not intentionally monitor private electronic mail messages, unless required by law, governmental authority, or when public safety is at stake. However, **KGNPAYHOST** may disclose subscriber information, a transmission, or a web site in order to comply with a court order, subpoena, warrant, or governmental request. **KGNPAYHOST** assumes no obligation to inform the subscriber that subscriber information has been provided.

In signing the Service Agreement, subscribers **indemnify KGNPAYHOST** for any violation of the Service Agreement, law or **KGNPAYHOST** policy resulting in loss to **KGNPAYHOST** or the bringing of any claim against **KGNPAYHOST** by any third party. The subscriber will be responsible for payment of any damages awarded against **KGNPAYHOST**, plus costs and reasonable attorney’s fees.

Any complaints about a subscriber’s violation of this AUP should be sent to: **support@kgnpay.host**