Kmet Hosting - acceptable usage policy (aup)

Kmet Hosting is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Kmet Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact abuse@kmethosting.com

Illegal Usage
Kmet Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, and IRC bots. The subscriber to Kmet Hosting service agrees to indemnify and hold harmless Kmet Hosting from any claims resulting from the use of the service that damages the subscriber or any other party.

Kmet Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content
Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Kmet Hosting shall be the sole arbiter of what is considered to be a high server usage level.

CGI/PHP Scripts
Cgi script sharing with domains not hosted by Kmet Hosting is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. See our script usage policy for more details.

SSH Policy
Kmet Hosting enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate priveledges or enable SSH services, will be instantly suspended.

Chat Rooms
Kmet Hosting does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. Kmet Hosting does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.

Background Running Programs
Kmet Hosting does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC
Kmet Hosting does not allow IRC or IRC bots to be operated on our servers.

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. If loss of data occurs due to an error of Kmet Hosting, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Kmet Hosting will attempt to recover the data from the most recent archive for a $100.00 fee.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Kmet Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Kmet Hosting to provide this knowledge or support outside matter specific to Kmet Hosting servers.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Kmet Hosting server or using an email address that is maintained on a Kmet Hosting machine is STRICTLY prohibited. Kmet Hosting will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Kmet Hosting server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $100.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.

Server Abuse
Any attempts to undermine or cause harm to a Kmet Hosting server or customer of Kmet Hosting is strictly prohibited.

Any sub-networks of Kmet Hosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Kmet Hosting Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 75% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Databases
No database may be used to act as a "hit counter," or for logging of information distributed nightly in the raw Web logs (including but not limited to browser and page referrer information). Databases may not be used for circumventing account disk allowances by storing normal Web content (HTML, images, etc) within the database. Databases may only be used in conjuction with Kmet Hosting hosted accounts. Access to databases from outside our local network is provided strictly for site and database development. Databases may not be used to store binary data (including but not limited to image, multimedia and application files). These files should be stored within the user account and referred to in the database by a "pointer," if needed.

Mailing Lists
Far too many times have our servers been bogged down by a user sending out 20,000+ emails in one massive batch, for this we have been forced to enact a mailing list policy.

Actions Taken by Kmet Hosting
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Kmet Hosting will be the sole arbiter as to what constitutes a violation of the AUP. Kmet Hosting reserves the right to remove any account without prior notice.

When Kmet Hosting becomes aware of an alleged violation of its AUP, Kmet Hosting will initiate an investigation. During the investigation, Kmet Hosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Kmet Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Kmet Hosting will notify the appropriate law enforcement authorities of such violation.

Kmet Hosting does not issue credits for outages incurred through service disablement resulting from AUP violations.

Kmet Hosting customers agree to indemnify and hold harmless Kmet Hosting from any claims resulting from the use of our services that damages them or any other party. The Kmet Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Kmet Hosting expressly disclaims any representation or warranty that the Kmet Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by Kmet Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Kmet Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Modification
Kmet Hosting reserves the right to add, delete, or modify any provision of this Policy at any time without notice. This document last modified on .