ACCEPTABLE USE POLICY

ACCEPTABLE USE POLICY (AUP)

Acceptable Use Policy applies automatically to all KMWEBSOFT [here after referred to as "KMWEBSOFT "] clients upon subscription to the Services including subscription through a third party or any commercial partner.Customer agrees to use the Services only for lawful purposes, in compliance with all applicable law.

Specific activities that are prohibited include, but are not limited to : * Threatening harm to persons or property or otherwise harassing behavior.
* Violating Indian export control laws for software or technical information.
* Misrepresenting or fraudulently representing products/services
* Transmission, distribution or storage of any material in violation of any applicable law or regulation.
* Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory,an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
* Facilitating, aiding, or encouraging any of the above activities, whether using Kmwebsoft’s network or service by itself or via a third party’s network or service.
* Interference with a third party’s use of Kmwebsoft’s network or service, or ability to connect to the Internet or provide services to Internet users.
* Manage a proxy server

Email

Kmwebsoft has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, Kmwebsoft may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Kmwebsoft reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Kmwebsoft will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.

* Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
* Customer will not use another site's mail server to relay mail without the express permission of the site.
* It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside Kmwebsoft network.
* Service will be terminated without refunds if spamming tools are found inside the server.
* The mail ports are disabled by default on UK location Windows/Linux servers as we follow strict anti-spam policy.

You may request contact technical dept to enable those. The approval of this request is solely decided by the dept. The decision cannot be challenged. The mail port disable is not any valid reason to apply for refunds.

Frequent Attack Targets Services (IRC networks, Camfrog, etc.) 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. It is also forbidden to host Camfrog servers or other server applications that are frequent targets of Denial of Service attacks or other types of attacks. Any server guilty of a second violation will result in immediate account termination.

Adult content
VPS/dedicated servers
It is strictly forbidden to publish adult content on VPS/Dedicated servers. Kmwebsoft reserves the right to suspend any account publishing offending content.

Shared/reseller Hosting
It is strictly forbidden to publish adult content on shared/reseller hosting accounts. The restriction applies, without limitation, to images and videos.

System and Network Security

Customer is prohibited from utilizing Kmwebsoft services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.

Specific activities that are prohibited include, but are not limited to : * Threatening harm to persons or property or otherwise harassing behavior.
* Use or distribution of tools designed for compromising security.
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
* Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
* 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.
* Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Content Restrictions

Shared/reseller hosting
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared account as a backup/storage or file hosting device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Lottery/Gambling Sites
* MUDs/RPGs/PBBGs
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Push button mail scripts
* Anonymous SMS Gateways

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Kmwebsoft may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers:
we will suspend the site in question and will notify you so you may terminate the account.
We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

VPS/Dedicated Servers
VPS accounts may not:
a) exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
b) run public IRCd's or malicious bots.
c) run any type of BitTorrent client or tracker that links to or downloads illegal content.
d) use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
e) use I/O intensive applications which adversely affect normal server operations.

Examples of unacceptable material on all Dedicated servers/VPS include:

* IRCD (irc servers)
* IRC Scripts/Bots
* Pirated Software/Warez
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/spam Scripts
* Escrow
* High-Yield Interest Programs (HYIP) or Related Sites
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery/Gambling Sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro

RESTRICTIONS IN UK LOCATION DEDICATED SERVERS/VPS

Prohibited Uses of Services:
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Transmission, distribution or storage of any material that may cause Kmwebsoft to come into disrepute or which could be considered immoral even if of a legal nature.

Provision of internet access, VPN or tunnelling of traffic from unidentified users, or in a manner which user details cannot be disclosed to Kmwebsoft.

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Kmwebsoft's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Kmwebsoft's servers, is prohibited. Kmwebsoft accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. Outbound port 25 will be blocked upon any UBE complaints. This port shall not be enabled under any circumstances. The mails are sent only through our relay service and it cannot be bypassed.
Relaying of mail, using mailbox forwarders and or forwarding mail using mailing lists utilizing any resource hosted on Kmwebsoft's servers, is prohibited.

The mails sent per hour/day/month is restricted to certain number which upgradable upon payment. Contact [email protected] to know more on this. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Redstation Limited customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Kmwebsoft-hosted domain, or referencing any Kmwebsoft account, is prohibited. Sending any Bulk email including Confirmed Mailing Lists with any email address which cannot be replied to or replies with an auto-responder. Such email addresses may include [email protected], [email protected] or any other email address which is not read in a timely manner and responded to.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing or denial of service attacks.

Operating or advertising any service which is known or likely to cause Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing or denial of service attacks against yourself or any other user including users of another service provider. Such services include but are not limited to public Camfrog, IRC or chat services and extremist websites.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

Defacing of websites or submission of SPAM to blogs, forums or message boards.
Unauthorised attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking"). Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorised access, alteration, destruction, or any attempt thereof, of any information of any Kmwebsoft customers or end-users by any means or device.

Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Kmwebsoft network or on another provider's network.
Using Kmwebsoft's Services to interfere with the use of the Kmwebsoft network by other customers or authorised users.

"UNLIMITED" USAGE POLICIES AND DEFINITIONS

1. What "Unlimited" means. Kmwebsoft does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Kmwebsoft makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

2. What "Unlimited" DOES NOT mean. Kmwebsoft employs complex mechanisms to protect its Subscribers and systems from abuse. Kmwebsoft's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.

Kmwebsoft's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Kmwebsoft's service is designed to meet the typical needs of small business and home business website Subscribers. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

Kmwebsoft will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Kmwebsoft does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Kmwebsoft can evaluate said sites resource needs.

3. Unlimited Hosting Space; excessive MySQL files.Kmwebsoft does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Kmwebsoft charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Kmwebsoft service is designed to host websites. Kmwebsoft does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Kmwebsoft may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.

4. Unlimited File Transfer. Kmwebsoft does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Kmwebsoft charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Kmwebsoft reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.

5. Unlimited Domain Hosting. Kmwebsoft does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.
If one of our hosting plans offers unlimited traffic and/or unlimited storage for the Client web sites, the intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. To maintain the integrity of our service the following limitations apply to such hosting plans:

* Sites with Banners, graphics or cgi scripts running from their domain used on other domain * Sites with picture galleries (This is any site where 50% of the files transferred is graphics) * Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)

UBE: Sending unsolicited bulk and/or commercial messages over the Internet (also known as "spamming") is prohibited. This practice is harmful not only because of its negative impact on consumer attitudes toward Kmwebsoft, but also because it can overload Kmwebsofts' network and disrupt service to Kmwebsofts' clients. Maintaining an open SMTP relay is likewise prohibited. When a complaint is received, Kmwebsoft has the discretion to determine from all of the evidence whether the client has violated this policy.

Intellectual Property Violations: Engaging in any activity that infringes or misappropriate the intellectual property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others is likewise prohibited. Kmwebsoft is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement or other violations of the law. It is also Kmwebsofts' policy to terminate the privileges of clients who commit repeat violations of copyright laws.

Obscene Speech or Materials: Using Kmwebsoft's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. In addition, Kmwebsoft is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Kmwebsoft's network.

Defamatory or Abusive Language: Using Kmwebsoft's network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking") is prohibited. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is likewise prohibited.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment are likewise prohibited.

Facilitating a Violation of the AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate Kmwebsofts' AUP is prohibited. This includes the facilitation of the means to Spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Illegal Activities: Engaging in activities that are determined to be illegal is prohibited. This includes but is not limited to false advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities: Engaging in activities, whether lawful or unlawful, that Kmwebsoft determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited. We hope the AUP is helpful in clarifying the obligations of Internet users, including Kmwebsoft and its clients, as responsible members of the Internet. Any complaints about a client's violation of the AUP should be sent to [email protected]

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