Acceptable Usage Policy (AUP)

Use of KKHost Service constitutes acceptance and agreement to KKHost’s AUP as well as KKHost's TOS (Terms of Service) KKHost reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of KKHost’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To KKHost Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. KKHost may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your KKHost account or other actions as detailed below without notice, based upon the nature of the violation

This document is intended to provide a basic understand of KKHost's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of KKHost's AUP. If a KKHost account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

- Illegal Activities: KKHost's services may not be used for illegal purposes, or in support of illegal activities. KKHost reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

- Media: KKHost would like to believe that all media posted is legal, and does not infringe copyright. This is the “good-will” law. However, to protect ourselves, we understand that not all people mean good. Therefore, we do not allow media to be posted on the server. If you want to link to media, there is no problem with that.

- Adult Content: KKHost does not allow adult content in any way shape or form on all designated “shared” servers.

- Harm or Endangerment to other people: You may not use KKHost’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use KKHost’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

- Unsolicited E-mail, News Bombing (SPAM): Use of the KKHost service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending KKHost account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending KKHost account.

- Copyright or trademark infringement: Use of the KKHost service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the KKHost service to collect, or attempt to collect, personal information about third parties without their knowledge or consent, Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

- Server Resource Usage Policy: Customer may not run the following within the KKHost.Net server and KKHost.Net reserves the rights to suspend any abusive accounts:
1) Run any sort of cpu intensive script or software that impacts the quality of service on other customers for any extended period of time.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any software that interfaces with an IRC (Internet Relay Chat) network.
4) Run any bit torrent application, tracker, or client and provide any sort of file mirror or repository type service.
5) Participate in any file-sharing/peer-to-peer activities or offer any sort of free web hosting.

- Network disruptions: Use of the KKHost service for any activity which affects the ability of other people or systems to use KKHost Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. KKHost will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. KKHost, does not allow the hosting of IRC, IRC Bots, or egg drops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the KKHost service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of KKHost's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending KKHost account is subject to immediate termination.

- Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

- Network Security: KKHost accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF KKHOST AUP

KKHost requests that anyone who believes that there is a violation of this AUP direct the information to the CEO at michaelfoo@kkhost.net if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

Shared Hosting is the renting of a certain amount of space and data transfer off of any one server. This service is fully managed and the overall server, which hosts many clients, is upgraded nightly by our system administrators. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges.

Network Uptime is the total time in a calendar month that KKHost network is available through the Internet, provided that Client has established connectivity. KKHost takes responsibility Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, rendering 100% packet loss 99% of each calendar month. This means that the network will have errors no more than 430 minutes in a normal 30-day calendar month.

Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in KKHost’s Network as confirmed by KKHost. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any KKHost scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 10 hours notice. If the downtime period does not exceed 20 minutes, advanced notice may not be given.

- Setup Times: All accounts with KKHost will be setup within 48 hours. However in case of an act of god or other uncontrollable action, we will not be able to uphold that setup time.

- Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

- Scheduled downtime

- Problems outside of KKHost’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network, including certain ISP’S not able to connect to our name servers, causing the client to be unable to browse sites hosted by us, by domain name.

- Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

- Loss of Data

KKHost provides daily backups for all the web services. However, we recommend you backup your data daily to a local hard drive. Because of the previous statement, KKHost is not responsible for the loss of your data.

Last edited: 31st December 2005