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Acceptable Use Policy

This Acceptable Use Policy document (the “Policy”), including the following list of Prohibited Activities, is an integral part of your Agreement with Kinetik I.T. Please read this Policy carefully — If you engage in any of the activities prohibited by this AUP document, Kinetik I.T. may exercise a variety of legal remedies, including the suspension or termination of your network access and/or account with Kinetik I.T..

This Policy is designed to help protect Kinetik I.T., Kinetik I.T. customers and the Internet community in general from irresponsible and/or illegal activities. The Policy is a non-exclusive list of the actions prohibited by Kinetik I.T. and Kinetik I.T. reserves the right to modify the Policy at any time, effective upon posting on our website. Kinetik I.T. reserves the sole and absolute right to interpret, apply, define and implement this Policy.

Prohibited Uses of Kinetik I.T. Systems and Services, include the following:

1. 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 authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Kinetik I.T. systems is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, landing page, email address or utilizing any Kinetik I.T. resources, is prohibited. Kinetik I.T. 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 the policy or terms of service of another provider.

3. 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 Kinetik I.T. 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.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy or the policy 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, denial of service attacks.

5. 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.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “hacking” and/or “cracking”).

7. Obtaining or attempting to obtain service by any means or device with intent to avoid or reduce payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Kinetik I.T. customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, harm or cause damage to Kinetik I.T. or a third-party, including denial-of-service (e.g., synchronized number sequence) attacks directed at any other user, whether on the Kinetik I.T. network or on another provider’s network.

10. Web and FTP Site Content Policies. We do not allow any of the following content to be published on any of our servers or to be hosted with in our infrastructure. Content of a pornographic, sexually explicit, or adult nature. Content of an illegal nature or copyrighted material. Pirated software sites Hate sites or content that could be reasonably considered as slanderous or libelous. Kinetik I.T. representatives will decide upon content that is questionable regarding any of the aforementioned criteria. Users posting any of the above content on their sites may have their services temporarily suspended complying with the Acceptable Usage Policy. They will then be contacted by Kinetik I.T. and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.

11. Using Kinetik I.T. Services to interfere with the use of the Kinetik I.T. network by other customers or authorized users. Customer Responsibility for Customer’s Users Each Kinetik I.T. customer is responsible for the activities of its users and, by accepting service from Kinetik I.T. is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Kinetik I.T. customer will be forwarded to the Kinetik I.T. administrators for action. If violations of the Kinetik I.T. Acceptable Use Policy occur, Kinetik I.T. reserves the right to terminate services with or take action to stop the offending customer from violating Kinetik I.T.’s Acceptable Usage Policy as they deem appropriate, with or without notice.

Right to Refuse Service:

Kinetik I.T. reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Kinetik I.T. is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.