Acceptable Use Policy

Kionic, Inc. has formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of Kionic's networks, systems, services, web sites and products (collectively, the "Service") by our customers and other users of the Service (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services. By using the Service, Users consent to be bound by the terms of this AUP. Kionic reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Service after such modification shall constitute acceptance of such modification.


Suspension; Termination.


Any User which Kionic determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if Kionic deems it necessary, immediate suspension or termination of such User's service without notice. Kionic may take such further action as Kionic determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Kionic shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Kionic's exercise of its rights under this AUP.


Prohibited Conduct.


In General.


The Service must be used in a manner that is consistent with the intended purpose of the Service and may be used only for lawful purposes. Users shall not use the Service in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Service or other Kionic customers; or (c) that may expose Kionic to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.


Inappropriate Content.


Users shall not use the Service to transmit, distribute or store material that is inappropriate, as reasonably determined by Kionic, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.


Intellectual Property.


Material accessible through the Service may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Service in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Service, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.


Harmful Content.


Users shall not use the Service to transmit, distribute or store material that may be harmful to or interfere with the Service or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.


Fraudulent/Misleading Content.


Users shall not use the Service to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.


Email and Unsolicited Messages.


Users shall not use the Service to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints ("spam"). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the Service. In addition, Users shall not use the Service in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mail bombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.


Inappropriate Actions.


Users shall not use the Service to conduct activities that may be harmful to or interfere with the Service or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the Service or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Kionic will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.


Responsibility for Content.


Kionic takes no responsibility for any material created or accessible on or through the Service. Kionic is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Kionic becomes aware that any such material may violate this AUP and/or expose Kionic to civil or criminal liability, Kionic reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Kionic further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Kionic deems responsible for the wrongdoing.


Backups.


Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files.


Reseller Policy.


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.


Reseller Overselling Policy.


Kionic allows our clients to oversell their WHM resources. If we feel that a client's WHM account is too oversold, then we have the right to upgrade that account, through consultation with the client. This policy is to prevent the abuse of resources through Kionic clients overselling their resources and causing harm to others on the same server.


Violations of this AUP may be reported by contacting Kionic Headquarters. Contact information is available at: http://www.kionic.com/contact/contact_us.php



Last revised: November 03 2005
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Acceptable Use

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