Kabarty Web Hosting - Terms and Conditions

Background

Kabarty's Acceptable Use Policy (AUP) is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of Kabarty's services.
From time to time Kabarty may impose reasonable rules and regulations regarding the use of its services. This AUP is not exhaustive and Kabarty reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP to www.kabarty.com.au or notification of the modified AUP by some other means.
By registering for and using the services, you agree to abide by this AUP as modified from time to time. Any violation of the AUP may result in the immediate suspension or termination of your account or such other action as Kabarty deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM KABARTY. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS KABARTY'S POLICY TO TERMINATE REPEAT INFRINGERS. KABARTY RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME FOR ANY OR NO REASON.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting accounts under customer control. Enquiries regarding security matters may be directed to abuse@kabarty.com
System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Kabarty may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- 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.
- Interference with service to any user, host or network including, without limitation, mailbombing, 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 e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Kabarty. Such labour is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Enquiries regarding security matters may be directed to abuse@kabarty.com . Kabarty is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence , however, Kabarty urges its customers to assume that all of their online communications are insecure. Kabarty cannot take responsibility for the security of information transmitted over it's facilities.

Password Protection

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Kabarty's service to guess passwords or to access other systems or networks without authorization. Kabarty will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Contact Information

Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Kabarty accounts being shut down.

Internet Etiquette

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Kabarty may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Kabarty by offended users. Kabarty reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy

The Kabarty system may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States, United Kingdom or Australian law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating international copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to abuse@kabarty.com . Kabarty will co-operate fully with any civil and/or criminal litigation arising from the violation of this policy.
Network Responsibility Customers have a responsibility to use the Kabarty network responsibly. This includes respecting the other customers of Kabarty. Kabarty reserves the right to suspend and or cancel service with any Customer who uses the Kabarty network in such a way that adversely affects other Kabarty customers. This includes but is not limited to:
- Attacking or attempting to gain unauthorized access to servers and services that belong to Kabarty or its customers (i.e. computer hacking), and/or
- Participating in behavior which result in reprisals that adversely effect the Kabarty network or other customers' access to the Kabarty network.
Kabarty will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Kabarty customer, whether or not the attacked account or computer belongs to Kabarty, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Kabarty is strictly prohibited.
Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Kabarty will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. Remember, even if you're a customer outside the USA (such as in the United Kingdom or Australia) your government also has rules and regulations making such actions illegal and carrying significant jail sentences and/or fines.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:
- copyrighted material or
- material protected by trade secret and other statute or dissemination of harmful or fradulent content.
Using any Kabarty service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Kabarty services or products is prohibited. Using the Kabarty network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within the Kabarty network are open to the public. You are solely responsible for your usage of the Kabarty network and servers and any statement you make on servers hosted within the Kabarty network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet

Our policy on child pornography is zero tolerance. Kabarty will cooperate fully with any criminal investigation into a Customer's violation of the US Child Protection Act of 1984 concerning child pornography.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Local law enforcement will apply to those customers outside of the USA and Kabarty will co-operate fully with any investigation thereof.

Adult Content on the Internet

Kabarty will provide notification and will inform any customers in writing of improper materials on our servers. However, Kabarty reserves the right to disconnect any customers immediately.

Commercial Advertisements with E-mail

Kabarty takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Kabarty may not use or permit others to use our network to transact in UCE. Kabarty is a self-managed environment, and it is the responsibility of Kabarty's customers to ensure that no UCE/UBE is sent. Customers of Kabarty may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Unsolicited commercial email (UCE) is defined by Kabarty as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services, or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.
Unsolicited bulk e-mail (UBE) is defined by Kabarty as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) to multiple recipients who have not agreed to receive such communication.
Use of the Kabarty network, servers or services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE.
Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email with a tracking number must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines ( http://mail-abuse.org/rbl/manage.html ) for details. Opt-out requests must be honored immediately.
Customers of Kabarty are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Kabarty network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of Kabarty's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Kabarty will initiate an immediate investigation upon receipt of the complaint. Upon notification, the customer has 24 hours in which to reply. During the investigation, Kabarty may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Kabarty may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Kabarty reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Kabarty will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Kabarty's SPAM policy may be reported to abuse AT kabarty DOT com

Network Performance

Kabarty 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 may not use network-intensive programs, such as peer-to-peer or audio/video streaming applications, which negatively impact other customers or the performance of Kabarty systems or networks. Kabaty reserves the right to terminate or limit such activities.

Billing

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension

Kabarty reserves the right to suspend network access to any customer if, in the judgment of the Kabarty 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 Kabarty 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.

Cancellation

Kabarty reserves the right to cancel service at any time. 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. All fees paid in advance of cancellation are non-refundable if Kabarty institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Indemnification

Kabarty wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Kabarty for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Kabarty or the bringing of any claim against Kabarty by any third-party. This means that if Kabarty is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Kabarty, plus costs and reasonable attorney's fees.

Disclaimer of Responsibility

Kabarty is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occured, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. Kabarty disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy .
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUP BY YOU.