TERMS and ACCEPTABLE USE POLICY
Acceptable Use Policy (AUP)
This Kaboom Hosting, LLC (“Kaboom Hosting”) Acceptable
Use Policy ("AUP") describe the proper kinds of conduct
and prohibited uses of Kaboom Hosting's hosting services (the "Services").
This AUP is not exhaustive and Kaboom Hosting reserves the right
to modify this AUP at any time, effective upon posting of the modified
AUP at www.kaboomhosting.com. By registering for and using the Services,
and thereby accepting the terms and conditions of this AUP, you
agree to abide by these conditions as modified from time to time.
Any violation of the AUP may result in the suspension or termination
of your account or such other action as Kaboom Hosting deems appropriate.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer,
of Kaboom Hosting is strictly prohibited.
Unauthorized use of other people's accounts or computers Kaboom
Hosting will strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts
include "Internet scamming" (tricking other people into
releasing their passwords), password robbery, security hole scanning
etc.
Any unauthorized use of accounts or computers by a Kaboom Hosting
customer, whether or not the attacked account or computer belongs
to Kaboom Hosting, will result in action against the attacker. Possible
actions include warnings, account suspension or cancellation, and
civil or criminal legal action, depending on the seriousness of
the attack.
Kaboom Hosting will be the sole arbiter as to what constitutes
a violation of this AUP.
IMPORTANT NOTE - Kaboom Hosting has the right to discontinue service,
or deny access to anyone who violates our Policies or the terms
and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds
or fees paid will be made if any account is found to be in violation
of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable
uses also include, but are NOT limited to: Bulk emailing, unsolicited
emailings, newsgroup spamming, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers,
and/or anything else determined by Kaboom Hosting to be unacceptable
use of Kaboom Hosting's services including abuse of server resources.
All hosting accounts may be terminated that include the following
content or which have links to the following content:
• Providing material that is grossly offensive to the Web
community including blatant expressions of bigotry, racism or hatred.
• Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group
or individual.
• 'Hard' adult imagery or images involving sexual acts of any sort
• Displaying material that exploits children under 18 years
of age.
• Acts of copyright infringement including offering pirated
computer programs or links to such programs, information used to
circumvent manufacturer-installed copy-protect devices, including
serial or registration numbers for software programs, or any type
of cracker utilities.
Abuse of Unlimited Traffic
Kaboom Hosting's customers are privileged to be offered unlimited
traffic for their web sites. The intention of Kaboom Hosting is
to provide a large space to serve web documents, not an off site
storage area for electronic files. All (90%) of your web pages (html)
must be 'linked' with files (.GIF, .JPEG, etc.) stored on Kaboom
Hosting's 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 Kaboom
Hosting management. Any customer who violates Kaboom Hosting's Policies
in abusing either space/site transfer will be notified and given
2 days to remedy the problem. If the problem is not resolved within
the allotted period, the client will be billed for the overages.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in
e-mail, and will likely result in account cancellation.
Kaboom Hosting takes a zero-tolerance approach to spam originating
from our servers or for spam advertising of domains hosted on our
servers.
The following activities are not allowed:
• Unsolicited bulk or commercial messages ("spam").
This includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests, petitions
for signatures, usenet discussions groups, and political or religious
tracts. Such messages may only be sent to those who have explicitly
requested it from your domain.
• Sending numerous copies of the same or substantially similar
message with the intent to disrupt a server or account ("mail
bombing").
• Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of messages,
is prohibited. Sending a single unwelcome message may be considered
harassment. If a recipient asks to stop receiving e-mail, you must
not send that person any further messages.
• Providing spamware (software used to send bulk email or
software used to harvest email addresses) or links to sites providing
spamware is strictly prohibited and subject to demand for removal
or account cancellation.
Note: If you use the services of another provider (including but
not limited to the use of address lists obtained from a third party
vendor or provider) to promote a web site hosted by or through Kaboom
Hosting (spamvertising), then the provisions of the above Policy
shall apply as if the spam were sent through our servers.
CGI Scripts
(This section does not apply to managed dedicated or colocation
servers.) Each shared Unix web hosting account comes with its own
cgi-bin, in which you are free to use any* CGI scripts you wish.
All CGI scripts (Perl scripts with a .pl or .cgi extension) intended
for use on shared Kaboom Hosting servers are subject to approval
from Kaboom Hosting administrators.
Server Resource Abuse
Shared server accounts are limited in use of the amount of server
resources. Shared server resource abuse includes any process or
service usage that affects normal shared server operation, resources
or connectivity, and which causes a server to become overloaded.
Shared server resources include CPU and memory usage, number of
concurrent processes, number of concurrent port or database connections
and total bandwidth. Possible causes of server resource abuse include,
but are not limited to, the use of: CGI, Perl, Sendmail, mySQL,
MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP.
Abuse of SMTP Mail Server
We do not allow clients to send more than 500 pieces of e-mail per
day from a shared hosting account.
IRC
We currently do not allow IRC IRC clients or IRC bots to be operated
on any of our servers. In addition, IRC servers are not permitted
on our network. Anyone found to be in violation of this policy risks
immediate account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits
outlined by your particular web hosting package. If you use any
bandwidth or storage space in excess of the agreed upon number of
megabytes per month or if you exceed E-Mail storage and attachment
size limitations, Kaboom Hosting may, in its sole discretion, assess
you with additional charges. If Kaboom Hosting elects to take any
corrective action, Kaboom Hosting will not refund any unused pre-paid
fees. Your use of your account and access to it is your responsibility.
You are responsible for any unauthorized access to your account
resulting in bandwidth, storage and/or E-mail usage exceeding the
limits outlined in your particular web hosting package specifications
and resultant charges. Bandwidth overages are currently billed at
$1/GB/month. Disk space overages are currently billed at $.25/MB/month.
Email attachments overages are currently billed at $.10 per email
over 20MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged
for dedicated server accounts and are non-refundable. All pricing
is guaranteed for the term of pre-payment. Kaboom Hosting reserves
the right to change prices at any time, unless other terms have
been agreed upon. Any account not brought current within a week
(7 days) of e-mail notice or exceeding this time frame in any way
is subject to suspension. The customer is responsible for all money
owed on the account from the time it was established to the time
that the customer notifies Kaboom Hosting to request for termination
of services. Kaboom Hosting will bill each client $50.00 per returned
check, per wire transfer received and per credit card chargeback
received.
Cancellation
Kaboom Hosting reserves the right to cancel service at any time.
All fees paid in advance of cancellation will be pro-rated and paid
by Kaboom Hosting if Kaboom Hosting institutes it's right of cancellation.
Any violation of policies which results in extra costs will be billed
to the customer (i.e. transfer, space etc.)
All of Kaboom Hosting's web hosting plans are backed by a 30 day
money back guarantee. If you are not completely satisfied with our
services or support within the first 30 days of your contract, you
will be given a full refund of the contract amount excluding setup
fees, domain registration fees, add-on/upgrade fees and overages.
No refund is available after the 30th day.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, Kaboom
Hosting is not liable to you because of the expiration or cancellation
for compensation, reimbursement or damages on account of the loss
of prospective profits, anticipated sales, goodwill or on account
of expenditures, investments, leases or commitments in connection
with your business, or for any other reason whatsoever flowing from
the termination or expiration. If you terminate this Agreement,
Kaboom Hosting will not relieve you of any obligations to pay fees
and costs accrued before the termination date or any other amounts
you owe to Kaboom Hosting under this Agreement.
Network Security
Customers may not use the Kaboom Hosting network with an attempt
to circumvent user authentication or security of any host, network,
or account. This includes, but is not limited to, accessing data
not intended for the customer, logging into a server or account
the customer is not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or
violation of any other organization's security policy. Customers
may not attempt to interfere or deny service to any user, host,
or network.
Electronic Commerce
You will be solely responsible for the development, operation and
maintenance of your online store and products and all contents and
materials appearing online or on your products, including without
limitation (a) the accuracy and appropriateness of content and materials
appearing within the store or related to your products, (b) ensuring
that the content and materials appearing within the store or related
to your products do not violate or infringe upon the rights of any
third party, and (c) ensuring that the content and materials appearing
within the store or related to your products are not libelous or
otherwise illegal. You will be solely responsible for the final
calculation and application of shipping and sales tax. You will
also be solely responsible for accepting, processing, and filling
any customer orders, and for handling any customer inquiries or
complaints arising there from.
You are also responsible for the security of any customer credit
card numbers and related customer information you may access as
a result of conducting electronic commerce transactions through
your Web Site. You will keep all such information confidential and
will use the same degree of care and security as you use with your
confidential information.
IP Address Ownership
Kaboom Hosting shall maintain and control ownership of all IP numbers
and addresses that may be assigned to you by Kaboom Hosting and
Kaboom Hosting reserves, in its sole discretion, the right to change
or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Kaboom Hosting prior to the effectiveness
of the desired domain name registration, the then-current amounts
set forth in the Kaboom Hosting price schedule for the initial registration
of the domain name and, should Customer choose to renew the registration,
subsequent renewals of the registration. All fees are non-refundable.
Lawful Purpose
Kaboom Hosting reserves the right to refuse service to anyone. Customers
may only use Kaboom Hosting server for lawful purpose. Transmission
of any material in violation of any Federal, State or Local regulation
is prohibited. This includes, but is not limited to copyrighted
material, material legally judged to be threatening or obscene,
and material protected by trade secrets. The designation of any
materials as such described above is left entirely to the discretion
of Kaboom Hosting management. Regardless of the place of signing
this agreement, the client agrees that for purposes of venue and
jurisdiction this contract was entered into and performed in Denver,
Colorado, and any dispute will be litigated or arbitrated in Denver,
Colorado. IN NO EVENT SHALL Kaboom Hosting's MAXIMUM LIABILITY EXCEED
FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD KABOOM
HOSTING, LLC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED
AGAINST KABOOM HOSTING, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR
PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER,
IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS KABOOM HOSTING AGAINST LIABILITIES ARISING OUT
OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS
SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH KABOOM HOSTING'S
SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY
INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT
INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM
KABOOM HOSTING'S SERVER.
Disclaimer
KABOOM HOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER. KABOOM HOSTING MAKES NO WARRANTIES OF ANY KIND, EXPRESSED
OR IMPLIED FOR SERVICES WE PROVIDE. KABOOM HOSTING DISCLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY
KABOOM HOSTING AND ITS EMPLOYEES. Kaboom Hosting RESERVES THE RIGHT
TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION.
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