IMPORTANT NOTICE: *All Payments To KjohnHosting
Are Non-Refundable*
KjohnHosting.com ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of KjohnHosting.com Service constitutes acceptance and
agreement to KjohnHosting.com's AUP.
All provisions of this contract are subject to the TOS (Terms
of Service) of KjohnHosting and AUP (Acceptable
Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not
be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas
-
Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose
any and all subscriber
information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes
a written request without
further consent or notification to the Subscriber. In
addition KjohnHosting shall have the right to terminate
all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
-
Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the semi-annual date
of the month for that month's service.
If you are a resident of Texas, your purchase of dedicated
hosting services are subject to the Texas sales tax rate
of 8.25%. All setup fees are subject
to an 8.25% tax, 80% of monthly fees are subject to an
8.25% tax, and the remaining 20% of monthly fees are not
taxed. If you are a Virutal
Site user, 100% of your payments are subject to an 8.25%
tax without regard to your location. If you are located
outside of Texas and have no nexus
in Texas, your purchase of dedicated hosting services are
not subject to Texas sales tax.
-
Payments and Fees: Credit cards that are declined
for any reason are subject to a $1.00 declination fee.
Service will be interrupted on accounts that reach 10 days
past due. Service interrupted
for nonpayment is subject to a $200 reconnect charge. Accounts
not paid by due date are subject to a $7.95 late fee. Accounts
that are not collectable
by KjohnHosting may be turned over to an outside collection
agency for collection. If your account is turned over for
collection, you agree to pay the company
a "Processing and Collection" Fee of not less than $50 nor more than $150.
If you desire to cancel your account, please follow the
proper procedure to do this as outlined in this TOS.
-
Refund and Disputes: All payments to KjohnHosting
are nonrefundable. This includes the one time setup fee
and subsequent charges regardless of usage. All overcharges
or billing disputes must
be reported within 60 days of the time the dispute occurred.
If you dispute a charge to your credit card issuer that,
in KjohnHosting's sole
discretion is a valid charge under the provisions of
the TOS and /or AUP, you agree to pay KjohnHosting an "Administrative
Fee" of
not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation:
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
KjohnHosting
Attn: Cancelations
Post Office Box 841073
Houston, TX 77284
Or you may fax the cancellation request to 281-858-1688.
Once you submit your cancellation an email will be sent to
the primary contact email address we have on file, and your
cancellation will be processed within 48 hours or less
and we will send you a confirmation that your request has
been completed.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
-
Support Boundaries: KjohnHosting does not provide
any technical support at this time. Support for all aspects
of each customer's hosting account is the responsibility
of the customer. In some cases KjohnHosting will provide
specific support for a stated fee. Please send any inquiries
to Customer Care.
-
SPAM and Unsolicited Commercial Email (UCE): KjohnHosting
takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very
simply this means that customers
of KjohnHosting may not use or permit others to use our
network to transact in UCE. Customers of KjohnHosting
may not host, or permit hosting of,
sites or information that is advertised by UCE from other
networks. In addition, it is not acceptable to transmit
bulk email through remote
SOCKS, HTTP or other similar proxies who in turn make
a SMTP (TCP port 25) connection to the destination mail
servers. This technique may result
in account suspension or termination. Violations of this
policy carry severe penalties, including termination
of service. In order to prevent
unnecessary blacklisting due to spam we reserve the right
to occasionally sample bulk email being sent from servers.
-
Violation of KjohnHosting's SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, KjohnHosting will initiate
an immediate investigation (within 48 hours of notification).
During the investigation, KjohnHosting may restrict customer
access to the network to prevent further violations.
If a customer is found to
be in violation of our SPAM policy, KjohnHosting may,
at its sole discretion, restrict, suspend or terminate
customer's account. Further, KjohnHosting
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. KjohnHosting
will notify law enforcement officials if the violation
is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not
to exceed $175 per hour that KjohnHosting personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the
actions of their clients over the KjohnHosting network, it is advisable
that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, 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 account immediately removed from
our network. The account 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 account to confirm that all material
has been COMPLETELY removed.
Severe violations may result in immediate and permanent
removal of the account from our network without notice to
the customer. Any account guilty of a second
violation WILL be immediately and permanently removed from our network
without notice.
- Network
- IP Address Ownership: If KjohnHosting assigns
Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address
shall belong only
to KjohnHosting, and Customer shall have no right
to use that Internet Protocol address except as permitted
by KjohnHosting in its sole discretion in connection
with the Services, during the term of this Agreement.
KjohnHosting may maintain
and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by
KjohnHosting, and KjohnHosting reserves the right
to change or remove any
and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation
of IP
addresses is limited by ARIN's new policies. These
new policies state that use of IP addresses for IP
based virtual
hosts will not be accepted as justification for new
IP addresses. What this means to you is that you MUST
use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients
are using IP addresses where name-based hosting could
be used,
we will revoke authorization to use those IP addresses
that could be used with name-based hosting.
- Bandwidth and Disk Usage: Customer
agrees that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed Usage"). KjohnHosting
will monitor Customer's bandwidth and disk usage. KjohnHosting
shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment of
additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement,
which actions may be taken is in KjohnHosting's sole
and absolute discretion. If KjohnHosting takes any
corrective action under this section, Customer shall not be entitled
to a refund of any
fees
paid in advance prior to such action. In
the event that a customer exceeds the included allocation,
KjohnHosting may, at its sole discretion, collect a deposit,
in an amount determined by KjohnHosting, against customer's
credit card on file with KjohnHosting.
- System and Network Security: Users are prohibited
from violating or attempting to violate the security
of the KjohnHosting Network. Violations of system or
network security may result in civil or criminal liability.
KjohnHosting will investigate
occurrences,
which may involve such violations and may involve,
and cooperate with, law enforcement authorities in
prosecuting Users who are involved
in such violations. These violations include, without
limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service
to any user, host or network, including,
without limitation, via
means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services
to which such User is not entitled
- Notification of Violation:
-
KjohnHosting is under no duty to look at each customer's
or user's activities to determine if a violation
of the AUP has
occurred, nor do we assume any responsibility through
our AUP to monitor or police Internet-related activities.
First violation: Any User, which KjohnHosting
determines to have violated any element of this Acceptable
Use Policy,
shall receive an email, warning them of the violation.
The service may be subject at KjohnHosting's discretion to a temporary
suspension
pending a User's agreement in writing, to refrain
from any further violations.
Second Violation: Users that KjohnHosting determines
to have committed a second violation of any element
of this Acceptable Use Policy shall be subject to immediate suspension
or termination
of service without further notice.
-
We reserve the right, to drop the section of
IP space involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is causing
great harm to parties
on the Internet. In particular, if open relays
are on your network or a customer's network, or if denial
of service attacks are originating
from your network. In certain rare cases, we may
have to do this before attempting to contact you.
If we do this, we will contact
you as soon as is feasible.
- Suspension of Service or Cancellation: KjohnHosting
reserves the right to suspend network access to
any customer if in the
judgment of the KjohnHosting network administrators the
customer's server is the source
or target of the violation of any of the other terms
of the AUP or
for any other reason which KjohnHosting chooses. If
inappropriate activity is detected, all accounts of
the Customer in
question will be deactivated
until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding
the activity. The customer will not be credited for
the time the customer's machines were suspended.
- KjohnHosting reserves the right to amend its policies
at any time. All Sub-Networks, resellers and
managed servers of KjohnHosting must adhere to the
above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation.
You will be held responsible for the actions of your
clients in the matter described
on these Terms
and conditions. Therefore, it is in your best
interest to implement a similar or stricter Terms and
conditions
or otherwise called Acceptable
Terms of use policy.
- Indemnification: KjohnHosting wishes
to emphasize that in agreeing to the KjohnHosting Acceptable
Use Policy (AUP) and
Terms of Service (ToS), customer indemnifies
KjohnHosting for any violation of the Acceptable
Use Policy (AUP) and
Terms of Service (ToS) that results in loss
to KjohnHosting or the bringing of any
claim against KjohnHosting by any third-party.
This means that if KjohnHosting is sued because
of a customer's or a customer of
a customer's activity,
the customer will pay any damages awarded against
KjohnHosting, plus all costs and attorney's
fees.
- Miscellaneous Provisions: You must provide
us with, and keep current, good contact information for you. E-mail,
fax,
and telephone contacts are used, in that order of preference.
- waiver by the Company of any breach
of any provision of this Agreement
by Subscriber shall not operate as
or be construed as a continuing
or subsequent waiver thereof or as a waiver of any
breach of
any other provision thereof.
- Subscriber shall not transfer or assign this
Agreement without the prior written
consent of the Company. Company may assign Agreement
at anytime without consent from
or notice to Subscriber. Company
reserves right to cancel customers rights under this
contract at anytime without further obligation.
- KjohnHosting
takes no responsibility for
any material input
by others and not posted to the KjohnHosting
Network by KjohnHosting.
KjohnHosting is not responsible for
the content of any
other websites linked to the KjohnHosting
Network; links are provided
as Internet navigation tools
only. KjohnHosting
disclaims any responsibility for
any such inappropriate use and
any liability to any person or party
for any other person
or party's violation of this policy.
- KjohnHosting is not responsible
for any damages your business may suffer.
KjohnHosting does
not make implied
or written warranties for any of our services. KjohnHosting
denies
any warranty
or merchantability
for a specific
purpose. This includes loss of data resulting from
delays, non-deliveries,
wrong delivery,
and any and all
service interruptions caused by KjohnHosting.
- It is absolutely forbidden to
host pornographic content or IRC
servers on Virtual Server Accounts. Virtual Server
Accounts
found
hosting this material will
be subject to immediate cancellation without refund.
- Responsibility for Content: You, as KjohnHosting's
customer, are solely responsible
for the content stored on and served by your KjohnHosting
server.
- Windows Servers: Requirements for using
Microsoft software. Subscribers are prohibited
from allowing more than five (5) authenticated users
of the Microsoft Windows Server
Operating Systems under Microsoft licensing terms
and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure
any copyright, trademark or other proprietary rights
notices that appear
on Software Products or that appear during the use
of Software Products. Customer further agrees not
to reverse engineer, decompile, or disassemble
the Software Products.
KjohnHosting may provide you access
to other third party software and/or services ("Third Party
Products ")
through reseller relationships KjohnHosting has established
with certain commercial vendors,
including without limitation, Microsoft
Corporation ("Third Party Vendors").
Unless otherwise notified, Customer
understands that product support for Third Party Products is
provided by KjohnHosting and
not by the Third
Party Vendor. Neither KjohnHosting
nor any Third Party Vendor makes any representations or warranties,
express or implied, regarding
any Third
Party Products. Customer expressly
acknowledges and agrees that use of third party products is
at customer's sole risk and
such third party
products are provided "as is" and without representation
or warranty of any kind from KjohnHosting
or any third party vendor,
including without limitation, any
implied warranty of merchantability,
fitness for a
particular purpose, accuracy or
completeness of responses or results,
correspondence to description,
or non-infringement of third party
rights. To the maximum extent permitted
by applicable law,
neither KjohnHosting nor any third
party vendor will be legally responsible
for any damages,
whether direct, indirect, or consequential,
arising from the use or inability
to use any third party
product. Customer agrees to observe
the terms of any license and/or
applicable end user subscriber agreement
for third party products and
that customer shall be fully liable
to third party vendors and KjohnHosting
with respect to any improper use of such third
party
products
or violation of license agreements
with them and/or applicable end
user subscriber agreements.
- Denial of Service: We reserve the right
to refuse service to anyone at any time for any
reason.
AUP
ACCEPTABLE USE POLICY
KjohnHosting's Acceptable Use Policy ("AUP") is provided
to give our customers and users a clear understanding of what KjohnHosting expects
of them while using the service. All users of KjohnHosting's Internet services:
those who access some of our Services but do not have accounts, as well as those
who pay a service fee to subscribe to the Services, must comply with this AUP
and our TOS (Terms of Service).
Use of KjohnHosting Service constitutes acceptance and agreement to KjohnHosting's AUP as well as KjohnHosting's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To KjohnHosting (KjohnHosting.com) 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. KjohnHosting 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 KjohnHosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of KjohnHosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of KjohnHosting's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
KjohnHosting intends to provide its customers access to everything the Internet has to offer. While the KjohnHosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the KjohnHosting and the Internet and cannot be permitted under the guise of free speech. The resources of the KjohnHosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which KjohnHosting.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a KjohnHosting account is used to violate the 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, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@KjohnHosting.com.
VIOLATIONS OF KjohnHosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: KjohnHosting's services may not be used for illegal purposes, or in support of illegal activities. KjohnHosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the KjohnHosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the KjohnHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the KjohnHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of KjohnHosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
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 commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the KjohnHosting 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 KjohnHosting account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, 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.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending KjohnHosting account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the KjohnHosting service is in violation of this AUP.
- Usenet SPAMing: KjohnHosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of the KjohnHosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of KjohnHosting'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 KjohnHosting account is subject to immediate termination.
- Copyright or trademark infringement: Use of the KjohnHosting service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking 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.
- Collection of personal data: Use of the KjohnHosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the KjohnHosting
service for any activity which affects the ability
of other people or systems to use KjohnHosting 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.
It is the Member's responsibility to ensure that their
network is configured in a secure manner. A Subscriber may not, through
action or inaction,
allow others to use their network for illegal or inappropriate
actions. A Subscriber may not permit their network, through action or
inaction,
to be configured in such a way that gives a third party
the capability to use their network in an illegal or inappropriate manner.
Unauthorized
entry and/or use of another company and/or individual's
computer system will result in immediate account termination. KjohnHosting
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.
- Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
- Third Party Accountability: KjohnHosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
- Violation Of KjohnHosting Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
- IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
- Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, KjohnHosting has the right to take control of the domain or set of domains that was paid for by the disputed charge. KjohnHosting will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
- Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the KjohnHosting service is prohibited. Use of such software could result in suspension of
service.
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.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. KjohnHosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance
KjohnHosting accounts operate on shared resources. Excessive use or abuse of these shared network 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.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of KjohnHosting systems or networks. KjohnHosting reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF KjohnHosting AUP
KjohnHosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@KjohnHosting.com.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. KjohnHosting may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
KjohnHosting 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).
|