Acceptable Use Policy
Key Web Studio, also referred to as ("we", "us" or "our") provides a platform for internet web hosting services to its subscribers (the "subscribers" are also otherwise referred to as "you" or "your"). Services provided to you by us ("services") may be suspended or terminated in accordance with the Terms of Services for violation of our Acceptable Use Policy ("AUP"). You are responsible for violations of this AUP by you and by anyone using your Services, whether or not authorized by you. We may amend this AUP at any time to further detail or describe reasonable restrictions on your use of its services. The AUP is posted at http://www.keywebstudio.com/acceptableUse
Inquiries regarding this AUP should be directed to Key Web Studio, firstname.lastname@example.org
You may not use the Services to publish, distribute, or otherwise copy any music, software, art, or other work protected by copyright law unless you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner or you are otherwise permitted by established United States copyright law to copy the work in that manner. You may not use a domain name that infringes on a third party's trademark, service mark, or other proprietary right.
You must use our Services in a manner that complies with applicable law. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and you may not provide access to the Services to any person (including any natural person, business entity or government entity) that is located in or is a national of any embargoed country which are Cuba, Iran, Libya, North Korea, Sudan or Syria as of September, 2005.
Other Prohibited Content
You may not publish or transmit pornography, any content that is excessively violent or that incites or threatens violence, contains harassing content or hate speech, is unfair or deceptive such as chain letters and pyramid schemes, is defamatory or violates a person's privacy, creates a risk to a person's safety or health, compromises national security, interferes with an investigation by law enforcement, improperly exposes confidential or proprietary information of another person, is intended to assist others in defeating technical copyright protections, infringes on another person's intellectual property, promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking, is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Us, or is otherwise malicious, fraudulent, or may result in retaliation against Us by offended viewers. Content "published or transmitted" includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
You may not use the Services to publish directories, links or other information pointing to sites that contain content prohibited by this AUP.
You may not resell the Services, either in whole or in part.
Unless your Custom Hosting Plan provisions it, you may not use the Services in a way that consumes a disproportionate amount of system resources. For example, you may not distribute software to the public, provide a public file download Services or employ programs that consume excessive CPU capacity. We may suspend or terminate your Services for violation of this provision in addition to requiring you to pay Overage Fees. If high capacity or volume consumption is needed, please notify Key Web Studio by emailing email@example.com and adequate hosting options may be offered.
Bulk or Commercial Email
Customers may not send email of similar content to more than 250 recipients at a time.
In our effort to make our email hosting services as reliable as possible, we must restrict our customers from doing anything that could jeopardize the reputation of our mail servers. Thanks to our strict Acceptable Use Policy (AUP), our mail servers have a strong reputation for consistently sending legitimate email. Our customers benefit from this directly, since email sent from reputable mail servers will be delivered promptly and effectively—arriving in their recipients’ inboxes, rather than in their spam folders.
Anyone violating this policy will have their email account temporarily suspended and will need to contact support in order to reset your account.
We do recognize that many businesses need to send legitimate bulk email. If this is the case, we recommend you sign up with a third party email system for handling bulk email such as mailChimp or Constant Contact.
We are not responsible for notifying you of any impending domain name expiration dates. Generally you must submit a renewal request at least 45 days prior to the expiration of the domain. You must keep your WHOIS information accurate and up-to-date. The e-mail address for the Administrative Contact in the WHOIS database must be the same as your billing e-mail address in Our records, and we may, but are not required to, change the e-mail address to comply with this requirement if necessary. Domain names may not be transferred within the first sixty (60) days of initial registration. Your rights to any domain name are governed by the rules and regulations of ICANN, the Registrar, and applicable law. Please note that requests for domain name transfers may not succeed for a variety of reasons not within our control.
You may not use Our Services to engage in illegal, abusive, or irresponsible behavior, including: • 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 (including those belonging to Us and our Subscribers) without express authorization of the owner of the system or network; • monitoring data or traffic on any network or system without the authorization of the owner of the system or network; • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; • Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or • Any conduct that is likely to result in retaliation against Our Services or network, including engaging in behavior that results in any server under your control being the target of a denial of service (DoS) attack.
Cooperation with Legal Investigations
We are under no duty, and do not by this AUP undertake a duty, to monitor or police your activities and disclaims any responsibility for any misuse of Our Services or network. We have no obligation to any person who has not entered into an agreement for Services, and no obligation to any person who does not pay for services specifically stating that such monitoring will be performed by us. We reserve the right to refuse business to anyone for any reason. Please see our current Service Agreement for more information.
The Terms of Service shall be governed by the laws of the State of Colorado, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The United Nations Convention on the International Sale of Goods shall have no application to the Terms of Service. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE SHALL BE THE STATE AND FEDERAL COURTS IN DENVER COLORADO, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
We may, without any notice to you, report to the appropriate authorities any conduct by you and your customers that it believes violates applicable law, and provide any information it has about you in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
For any questions pertaining to our AUP Policy, please email firstname.lastname@example.org