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This
Acceptable Use and Payment for Services Policy specifies the actions
prohibited by Key West CyberWorks. Key West CyberWorks reserves the
right to modify the Policy at any time.
Use of Key West CyberWorks services is conditional upon acceptance
of Acceptable Use and Payment for Services Policy (AUP/PFS)
Violations
Violations of
system or network security are prohibited, and may result in
criminal and civil liability. Key West CyberWorks will 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:
1. 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.
2. Unauthorized
monitoring of data or traffic on any network or system without
express authorization of the owner of the system or network.
3. Interference
with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload
a system and broadcast attacks.
4. Forging of any
TCP-IP packet header or any part of the header information in an
email or a newsgroup posting.
5. Use of the Use
of Key West CyberWorks service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
Spam
(UNSOLICITED EMAIL)
Customer shall not
transmit or disseminate unsolicited commercial e-mail (UCE), or
unsolicited bulk messages (Spam), including advertisements,
informational distributions, and charitable or other solicitations.
Nor shall Customer utilize UCE or Spam to promote or benefit any
sites or businesses that are located on the Key West CyberWorks
network, nor to collect responses from UCE or Spam regardless of
whether sent over the Key West CyberWorks network. The
determination
as to whether the materials qualify
as UCE or Spam lies solely with Key West CyberWorks
Customer may not
send or attempt to send e-mail messages or transmit any electronic
communications using a name or address of someone other than
Customer for purposes of deception. Any attempt to impersonate
someone else by altering a source IP address information or by using
forged headers or other identifying information, including the
domain name is prohibited. Any attempt to fraudulently conceal,
forge, or otherwise falsify Customer's identity in connection with
use of the Service is prohibited.
After your first
warning from the Key West CyberWorks Abuse Department you will be
charged at
$45/hour if we must further process SPAM complaints. In the event
that emergency action is required by Key West CyberWorks to resolve
actions by anti-SPAM organizations to blacklist Key West CyberWorks
IP addresses or other threats to the Key West CyberWorks network you
will be charged at our emergency rate of $90.00 an hour. Because you
are being charged DOES NOT mean this is acceptable. You are being
charged the cost to process the complaints, inform the proper
agencies of the problem, and overall administrative costs. If we
feel as though this first offense was a deliberate attempt then your
account and all associated Accounts will be closed without warning
and without a refund.
Upon a second
complaint, your account and all associated Accounts will be
permanently closed without warning and without a refund.
Do not setup an
open mail relay that is not password protected that can allow
spammers to send SPAM. Please contact us if you have questions.
Further, the use of
any and all spyware or adware will be grounds for immediate removal
from our servers with no recourse for a pro rated refund or legal
recourse.
WE HAVE A ZERO TOLERANCE FOR SPAM
Payment
Payments are due on
your corresponding billing date. Your billing date is the day the
order was placed and processed, or, as set by Key West CyberWorks.
No refunds will be given on any services that are being currently
supplied or have been supplied, including setup fees. Past due
accounts may be subject to account suspension and/or removal at the
discretion of Key West CyberWorks
(see details below).
Key West CyberWorks
will charge the credit card supplied, at the time the web hosting
account was created, either the Quarterly or Yearly (as opted-for at
account creation time) web account hosting fee, whichever is
appropriate. The Account Holder will be
e-mailed a receipt for this charge. No responsibility for the
reception or rejection of this e-mail receipt lies with Key West
CyberWorks due to the e-mail box policies set by the various
Internet Service Providers. Upon request, a receipt will
always be manually generated and sent to the account holder to
circumvent this industry problem.
Further, it is the sole responsibility of the owner holder to make
notification to Key West CyberWorks of any changes in regard to
account status, postal mailing address, e-mailing address, or fax
telephone number, or credit card information. Failure to do so
does not negate any past due status or account designation.
Any account that
becomes 30 days past due in payment of any fees is subject to
account suspension. Any and all services attached to the past due
account will be disabled. This suspension shall remain in effect
until all past due fees are paid in-full; further $25.00 reconnection fee
will be due before service is resumed.
Key West CyberWorks
cannot be held liable nor responsible for any loss by the account
owner as a result of this suspension; this will include but is not
limited to:
·
Loss
of account files and/or content.
·
Lost
e-mail or collected information (received, archived, or sent).
·
Lost
revenues, service charges, sales, or lack of service provided to
others via the web site account or any gain to the account owner
received as a result of the existence of the web site account.
·
Loss
due to the suspension of monthly maintenance provided by Key West
CyberWorks to the account holder.
·
Loss
of the integrity of the web site account.
·
Loss
of search engine placement.
·
Any
security breach.
·
Loss
of the use of or enjoyment of the web site account.
·
Or
any loss, inconvenience, or work as a result of the account
suspension.
Any account that
becomes 60 or more days past due in payment of any fees is subject
to account cancellation and deletion from the Key West CyberWorks
servers and/or system. Any and all services attached to the past
due account will be irrevocably deleted. Key West CyberWorks will
make a reasonable attempt to notify the account owner of the action
due to the past due status of the account. Key West CyberWorks
WILL NOT maintain any back up of files, content, data,
materials, intellectual property, or any other content contained by
any account that is deleted for this reason. It should be noted
that even after account removal, the account owner is still
responsible for paying any and all past due fees. Cancellation and
removal does not release the account owner from the indebtedness.
The past due fees are for services already rendered and enjoyed by
the account owner, further, it should be noted that it is at the
sole discretion of Key West CyberWorks as to whether or not the past
due account will be reinstated with Key West CyberWorks after any
and all past due fees are paid for the account and as to whether any
security deposit will be required if the past due account is
reinstated.
Key West CyberWorks
cannot be held liable nor responsible for any loss by the account
owner as a result of this suspension; this will include but is not
limited to:
·
Loss
of account files and/or content
·
Lost
e-mail or collected information (received, archived, or sent).
·
Lost
revenues, service charges, sales, or lack of service provided to
others via the web site account or any gain to the account owner
received as a result of the existence of the web site account.
·
Loss
due to the suspension of monthly maintenance provided by Key West
CyberWorks to the account holder.
·
Loss
of the integrity of the web site account.
·
Loss
of search engine placement.
·
Any
security breach.
·
Loss
of the use of or enjoyment of the web site account.
·
Or
any loss, inconvenience, or work as a result of the account
suspension.
Account Cancellation
The authorized Account Holder must
notify Key West CyberWorks, in writing, that (s)he wishes to cancel
all services. Failure to do so will cause services originally
requested to continue and resulting charges for these service to
accrue. Failure to notify Key West CyberWorks of account
closure will cause regularly scheduled service charges to be made to
the Account Holder's credit card of record.
Security Violations
You are responsible
for any misuse of your account, even if the inappropriate activity
was committed by a friend, family member, guest or employee.
IP Allocation
ARIN (the American
Registry for Internet Numbers) is becoming very stringent with IP
addresses, and refuses to grant them without a strict accounting of
use of existing IP's.
Any IP numbers
which remain unused after a 30-day period, according to our periodic
'ping' testing, will be subject to reassignment. No prior notice
will be given, but we will email you at your current contact address
to inform you that we have taken back the IP numbers. You can of
course request more when you are ready to use them.
While we will
allocate our customers an "unlimited" number of IP addresses, our
allocation of IP addresses is limited by ARIN's new policies. These
new policies state that use of IP addresses for IP based virtual
hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we
find that clients are using IP addresses where name-based hosting
could be used, we will revoke authorization to use those IP
addresses that could be used with name-based hosting."
INDIRECT OR
ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Key West CyberWorks
CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF
THE POLICY BY SUCH CUSTOMER OR END USER.
AUP/PFS is subject to change without notice... |