Acceptable Usage Policy
KurioLogics.com Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding of what
KurioLogics.com expects of them while using the service. All users of
KurioLogics.com 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
KurioLogics.com Service constitutes acceptance and agreement to KurioLogics.com
AUP as well as KurioLogics.com TOS (Terms of Service)
Acceptable Use
KurioLogics.com's services may only be used for lawful purposes.
Transmission of any material in violation of International, Federal or State
regulation is prohibited. This includes but is not limited to: material legally
judged to be threatening or obscene, or material protected by trade secret
laws.
If you are found in violation of the KurioLogics.com Hosting
Acceptable Use Policy and Terms of Use. Your account will be terminated without
notice and you will forfeit all of the moneys that have been paid to
KurioLogics.com.
Examples of content that is not acceptable on KurioLogics.com
Servers: "Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Gambling Related","Copy
righted Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold KurioLogics.com harmless from any
claims resulting from a breach of these terms, and/or their use of the service,
which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting of any of the
above. Also includes any sites which provide "links to" or "how
to" information about such material.
Adult
Sites
We welcome and allow adult sites . All
adult sites must have a warning entrance page, all models must be 18+, and you
must abide by all laws within the USA AND your country if different
from USA
Spam
SPAM in any shape or form is NOT permitted and is grounds for
immediate account termination. Mailing lists via a mailing list manager are
acceptable as long as the list are OPT-IN list that people have signed up for.
Spam complaints from other users will not be tolerated.
IRC
and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our
servers in any of its many forms including, but not limited to: bots and IRC
servers. Chat rooms may be allowed on per use basis, so please ask one of our
support staff before setting one up. (Some cgi/perl based chat rooms over
utilize the server processor.)
Web
Site Hosting And Email
We make no representation and give no warranty as to the
accuracy or quality of information received by any person via the Server and we
shall have no liability for any loss or damage to any data stored on the
Server.
You shall effect and maintain adequate insurance coverage in
respect of any loss or damage to data stored on the Server. You represent,
undertake and warrant to us that you will use the Web Site allocated to you only
for lawful purposes. In particular, you represent, warrant and undertake to us
that you will not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any material, which
is unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane
or otherwise objectionable in any way. (b) Any material containing a virus or
other hostile computer program. (c) Any material which constitutes, or
encourages the commission of, a criminal offence or which infringes any patent,
trade mark, design right, copyright or any other intellectual property right or
similar rights of any person which may subsist under the laws of any
jurisdiction.
You shall keep secure any identification, password and other
confidential information relating to your account and shall notify us
immediately of any known or suspected unauthorized use of your account or breach
of security, including loss, theft or unauthorized disclosure of your password
or other security information.
You shall observe the procedures, which we may from time to time prescribe and
shall make no use of the Server, which is detrimental to our other customers.
You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation) and a secure
manner.
In the case of an individual User, you warrant that you are at
least 18 years of age and if the User is a company, you warrant that the
Services will not be used by anyone under the age of 18 years.
while we will use every reasonable endeavor to ensure the
integrity and security of the Server, we do not guarantee that the Server will
be free from unauthorized users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and clearances
to enable you lawfully to make use of all and any intellectual property rights
through the Services, including without limitation, clearance and/or consents
in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available to you
at all times the Server and the Services but we shall not, in any event, be
liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and
for any reason without notice, but if such suspension lasts or is to last for
more than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us
cannot be transferred or used by anyone other than you. No more than one login
session under any one account may be used at any time by you. User
programs may be run only during login sessions. If your account is found to
have been transferred to another party, or shows other activity in breach of
this sub clause, we shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
Termination We can not stress this enough the following
sites are prohibited: hate, warez, illegal anything, illegal content, software
trading, download libraries, chat room programs, internet search engines,
copyright infringement, trademark infringement, bulk emailing, unsolicited
emailing, newsgroup spamming, spam, spam related products and/or "anything
else determined by us to be unacceptable use of our Hosting Services servers
including abuse of server resources will be grounds for immediate termination
of service without notice" are expressively forbidden and sites containing
banned materials are subject to immediate termination without refund.
Without in any way limiting our (KurioLogics.com) rights. If a
site violates these terms in any way, shape, or form, the site will be deleted
from our network. If 2 violations occur within a 90 day period the site
will be blocked from our network. Our warning schedule is below. First
Warning When you (or your clients) upload illegal content you (or your clients)
are knowingly violating the terms of service. Therefore there is no need for a
first warning. When you upload illegal files which violate these terms
you know what you are doing is against our policies. Second Warning There is no
second warning, the domain is deleted. You may recreate the domain, however if
illegal content is found on this domain again the domain will be blocked from
our servers. Questionable Situations If we find content that is questionable
and may or may not violate the terms of service we will contact you. An example
of a situation like this is a band hosting their own music on our servers.
However, you can avoid this step if you notify us. If you are a band or if you
are planning to upload a large amount of files that are questionable please
notify us before you upload so we are aware of the situation. This will keep
everyone happy.
if you fail to pay any sums due to us as they fall due, we may
suspend the Services and/or terminate this Agreement forthwith without notice
to you.
if you break any of these terms and conditions, we may terminate
this Agreement forthwith upon written notice.
if you are a company and you go into insolvent liquidation or
suffer the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled to
terminate this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and to remove all data
located on it. We shall be entitled to delete all such data but we may, at our
discretion, hold such data for such period as we may decide to allow you to
collect it at your expense, subject to payment in full of any amounts
withstanding and payable to us. We shall further be entitled to post such
notice in respect of the non-availability of your Web Site as we think
fit. Accounts may be cancelled by the user with a 7 day
notice. KurioLogics reserves the right to cancel any account with or
without notice..
Legal
KurioLogics.com expects that its subscribers who provide
Internet services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's failure to
comply with those laws will violate KurioLogics.com policy. Finally,
KurioLogics.com wishes to emphasize that in signing the service agreement,
subscribers indemnify KurioLogics.com for any violation of the service
agreement, law, or KurioLogics.com policy, that results in loss to
KurioLogics.com or the bringing of any claim against KurioLogics.com by any
third-party. This means that if KurioLogics.com is sued because of a
subscriber's or customer of a subscriber's activity, the subscriber will pay
any damages awarded against KurioLogics.com , plus costs and reasonable
attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating
to the Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these terms and
conditions including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection with the
provision of the Services shall be limited to the charges paid by you in
respect of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified
us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss of
business, contracts, profits or anticipated savings or for any other indirect
or consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent
by either email, fax or recorded delivery to the address of the other party as
appearing in this Agreement or ancillary application forms or such other
address as such party may from time to time have communicated to the other in
writing, and if sent by email shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served two days following the date of posting.
Payment
All payments must be in US Dollars. PayPal is currently the
method of payment used by KurioLogics.com. We do also accept Check and
Money order. Please contact us to pay via money order or paypal.
All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published from time to time by
us on our web site and shall be due and payable in advance of our service
provision.
Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due date, we shall
be entitled forthwith to suspend the provision of Services to you.
Headings
Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us relating to the
subject matter covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in relation to such
matters. No oral explanation or oral information given by any party shall alter
the interpretation of these terms and conditions. In agreeing to these terms
and conditions, you have not relied on any representation other than those
expressly stated in these terms and conditions and you agree that you shall
have no remedy in respect of any misrepresentation, which has not been made
expressly in this Agreement. Misuse Of Resources
Including but not limited to employing applications which consume
excessive CPU time and Chat/IRC scripts are not allowed on our network under
any circumstances.
If you are unsure about content you intend to place on our
network, please check with us before you do. We reserve the right to determine
what constitutes acceptable use. We may amend these terms of service with or
without notice.
You are responsible for any domains that are placed onto our
servers.
We do reserve the right to edit the terms of service at any time
with or without notice.
If you have any questions please e-mail us at
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