Acceptable Use Policy
If you do not agree to the terms of this agreement please contact our office at legal@k2colocation.com so that we may initiate termination of the account and future billing. USE OF YOUR ACCOUNT shall constitute your approval of the AUP.
Definitions
You, Customer, Client and User refer to the party contracted to pay K2 Colocation
for services rendered.
Personal Files
K2 Colocation is not responsible for backups of user's personal files and information.
Additionally, K2 Colocation reserves the right to delete any information pertaining
to user's accounts within a reasonable time that user is no longer a customer
of K2 Colocation.
Network IP address assignments
Any network IP address assignments issued by K2 Colocation are the property
of K2 Colocation and are considered to be loaned to the Client. In the event
service with K2 Colocation is discontinued for any reason, such addresses will
revert to K2 Colocation.
No Warranties
K2 Colocation makes no warranties of any kind, whether expressed or implied,
for the service it is providing. K2 Colocation also disclaims any warranty of
merchantability or fitness for a particular purpose. K2 Colocation will not
be responsible for damages the customer suffers. This includes loss of revenue,
loss of data resulting from delays, non-deliveries, misdeliveries, or service
interruptions caused by its own negligence, subscriber's errors or omissions,
or due to the fault of third parties.
Contact Information
K2 Colocation may need to communicate with its customers through email. It is
the responsibility of the customer to furnish to K2 Colocation the appropriate
contact email address for such correspondence. It is the responsibility of the
customer to check email sent to the primary login email address on the account.
It is the responsibility of the customer to contact K2 Colocation of any changes
to their account, such as phone number, address, credit card information, etc.
Customer will be required to provide verification for security purposes authorizing
them to make any changes to that account.
Taxes
K2 Colocation shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client. Client agrees to take
full responsibility for all taxes and fees of any nature associated with such
products sold.
Prohibited Activities
To better ensure that K2 Colocation accounts are not used for illegal/improper
purposes, K2 Colocation has delineated those activities that are deemed illegal
or improper. Individuals who engage in the following activities may be subject
to account termination or restrictions placed upon their accounts:
Obscene Materials/Speech
Using K2 Colocation's network segments to store or disseminate or otherwise
make available child pornography is expressly prohibited. Any account found
in violation of this prohibition will be terminated. K2 Colocation is required
by Federal law to notify law officials when it becomes aware of child pornography
on its network segments.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet is prohibited
and subject to immediate contractual termination, with forfeiture of all NRC
charges.
Any individuals who are cancelled for spamming will incur a $150.00 clean-up
fee, which is neither negotiable nor refundable. Any damages requiring extensive
repairs caused by spam will result in the offending party being billed at a
rate of $100.00/hour until the repairs are completed to the satisfaction of
K2 Colocation. Maintaining an open SMTP relay is prohibited. K2 Colocation has
the discretion of determining whether the email recipients were from an opt-in
email list.
Intellectual Property Violations
Engaging in any activity that may violate the intellectual property rights of
another are prohibited. Protected intellectual property rights include, without
limitation, copyrights, trademarks, service marks, software piracy, trade secrets,
patents held personally and by corporate entities. K2 Colocation is required
by law to comply with orders to restrict accounts that have been found to violate
the intellectual property rights of others.
Defamatory/Abusive Language
The use of K2 Colocation's network to post or otherwise transmit harassing,
abusive, or threatening language is expressly prohibited and subject to immediate
contractual termination. Legal recourse of any nature in such matters brought
against K2 Colocation shall be waived.
Illegal or Unauthorized Access
Any access to other networks through K2 Colocation must comply with the rules
appropriate for that network. Unlawful or intrusive access is strictly prohibited
and includes, but is not limited to attempting to penetrate security measures
and/or port scanning, whether or not the intrusion or attempt results in corruption
or loss of data. Such activities will result in termination of service and/or
legal measures. Distribution of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities.
Export Control Violations
Exporting encryption software over the Internet, or otherwise, to point outside
the United States.
Forging Headers
Forging or misrepresenting message headers, whether in whole or in part, to
mask the originator of the message.
Usenet Groups
K2 Colocation reserves the right to refuse/block posts from newsgroups that
it reasonably believes violates this AUP.
Facilitating A Violation Of This AUP
Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP, which includes the
facilitation of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Other Activities
Engaging in activities, whether lawful or unlawful, that K2 Colocation determines
to be harmful to its subscribers, operations, and reputation; goodwill, or customer
relations.
Third Party Subscribers
In the event that a user of K2 Colocation's services is an ISP or reseller,
any violations of user's (third party) subscribers may be addressed directly
by K2 Colocation terminating or placing restrictions on that subscriber's account.
K2 Colocation expects that the user will assist K2 Colocation in enforcing the
terms of this AUP against the user's subscribers.
Privacy
K2 Colocation recognizes that the Internet, like other forms of communication
is not a completely secure. K2 Colocation respects the privacy of its users
and will not intentionally monitor communications from its users unless it is
directed by governmental authorities to do so. Moreover, K2 Colocation will
disclose any information about its users in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute, regulation, or governmental
request. K2 Colocation assumes no obligation to inform the user if such information
is requested.
Right to Damages
In the event that an act or omission by the User that constitutes a violation
of this AUP causes economic damage to K2 Colocation. K2 Colocation will have
a right to claim and collect economic damage from the User.
Indemnification
User agrees that it shall defend, indemnify, save and hold K2 Colocation harmless
from any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees, ("Liabilities") asserted against K2 Colocation, its
agents, its customers, servants, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any product
sold by User, its agents, employees or assigns. User agrees to defend, indemnify
and hold harmless K2 Colocation against Liabilities arising out of (i) any injury
to person or property caused by any products sold or otherwise distributed in
connection with K2 Colocation's network, (ii) any material supplied by
User infringing or allegedly infringing on the proprietary rights of a third
party, (iii) copyright infringement and (iv) any defective product which Client
sold on K2 Colocation's network.