• Saturday, August 27, 2022

Purpose And Introduction Of The AUP

This document sets forth the principles, guidelines and requirements for acceptable use of KossCloud Services by the Customer. The Purpose of KossCloud's Acceptable Use Policy (hereinafter referred to as the AUP) is to comply with all The United Kingdom laws, ensure network security and availability, maintain Customer privacy, and regulate other factors affecting the provision of Services.

 

KossCloud reserves the right to impose a list of rules and restrictions regulating use of Services by Customers. The latest version of this list is always available at the KossCloud Website: https://kosscloud.com/index.php?rp=/announcements/2/Terms-Of-Service.html .

 

The AUP is neither an exhaustive, nor an all-inclusive list. KossCloud reserves the right to amend the AUP at any time should the need arise. Amendments take effect once the amended AUP is uploaded on the Website at https://kosscloud.com/index.php?rp=/announcements/3/Acceptable-Use-Policy.html or when the relevant notification is sent to Customers via e-mail.

 

Any violation of the AUP may result in the suspension or termination of Services provided to the Customer, or in other actions that KossCloud deems appropriate.

 

No credits will be issued for Service suspensions or terminations resulting from AUP violations.


The Following Activities Are Expressly Prohibited:

1. Spam / e-mail marketing

 

KossCloud has a zero tolerance policy towards spam, junk mail, and unsolicited commercial e-mail. The latter is defined as follows: sending the same, or substantially similar, unsolicited electronic mail messages, to more than one recipient.

 

A message is considered unsolicited if it is sent to a recipient who has not requested or otherwise asked to be sent the message, or is posted in violation of a forum or newsgroup charter, except if the recipient is a legal person’s general e-mail address associated with that legal person’s domain. It is absolutely forbidden to send messages to addresses registered with paid service providers (gmail, Hotmail, etc.), even if the e-mail address is registered as an official e-mail address in the commercial register.

 

This prohibition also applies to deceptive e-mail headers and incorrect contact information.

 

It is furthermore forbidden to conduct unsolicited mass e-mailing with other service providers in a way, which would leave the impression that KossCloud is associated with such activity, regardless of whether the message originated from our network.

 

Mass e-mailing. Unsolicited mass e-mailing is considered to be spamming. Unsolicited e-mail is defined as e-mail sent to natural persons who have not expressly opted in to mailings from the KossCloud Customer. Mass e-mailers must maintain complete and accurate records of all natural persons who have opted into receiving e-mails from them. All records of each natural person opting in to mailing need to be recorded (including all relevant e-mail messages and their headers) and presented to KossCloud at KossCloud’s request.

 

If the Customer is unable to present verifiable evidence, the recipient’s complaint will be considered proof that they have not opted in to the mailing and, therefore, it was unsolicited.

 

Mailing lists and newsletters. The mass mailing restrictions also apply to mailing lists and newsletters. Mailing list and newsletter postings are only permitted if they are targeted at a specific group, who have expressly opted into receiving them or have made their e-mail address available to the Customer expressly for the purpose of sharing information. The mailing list or newsletter must enable automated unsubscription, after which it must be guaranteed that no more e-mails are sent to that e-mail address.

 

2. Hacking and abuse of security flaws

 

3. Unauthorized accessing of any server or system, including accessing or scanning others’ KossCloud accounts.

 

4. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene or abusive.

 

5. Child pornography or any other activity potentially harmful to minors. The use of KossCloud Services for storing, posting, displaying, transmitting, advertising or otherwise making available child pornography is prohibited. KossCloud will immediately notify the police if it becomes aware of the presence of child pornography on, or being transmitted through its network.

 

6. Fraud

 

7. Violation of privacy

 

8. Infringement of intellectual property, including copyright, trademark and patent infringements and the hosting, use, and distribution of pirated software.

 

9. Use of third party software without proper license or permission.

 

10. Network attacks or any attempts to interfere with services or servers on another network.

 

11. Dissemination of viruses, malware or other malicious code.

 

12. Any illegal activity like fraud, phishing, spamming, flooding or scanning within our network. Including but not limited to access to other computers, networks, devices, accounts without authorization, transmission, ditribution or storage information, data or material that in violation of laws and regulations of Estonia and your country, in violation of copyright, trademark, trade secret, or other intellectual property rights. Such activities are strictly prohibited and may result in immediate service suspension or termination without refund.

 

13. Use of Internet Relay Chat (IRC). IRC servers that connect to global IRC networks will be considered to be in violation of the AUP.

 

14. If a Customer’s Service attracts DoS or DDoS attacks, which disrupt or deny service to other Customers, KossCloud will terminate that Client’s Service to maintain the quality of service for other Customers on the KossCloud network.


Adult Content:

KossCloud does not allow ANY adult related content to be hosted on its servers.


Proxies And VPN:

Public Tor / Open Proxy of any kind is strictly prohibited as such service often lead to illegal activities.


Resellers:

Service resellers are liable for their customers’ conduct. By agreeing to this AUP, the resellers also agree to ensure that their customers follow the AUP. Resellers must notify their customers of the terms of the AUP and of the consequences of violating these terms.


Investigations, Suspensions, And Security

KossCloud reserves the right to suspend or terminate service and/or remove content in order to investigate potential violations of the terms of this AUP.

 

KossCloud reserves the right to suspend Service provision to a Customer if there is reasonable suspicion that the Service is targeted by an attack or otherwise disrupts Service for other Customers, even if the Customer is not at fault.

 

KossCloud will not make refunds for service suspensions associated with violations of the AUP by the Customer.

 

The Customer is liable for the use of their Service, even if such use was conducted by unauthorized persons or hackers.

 

The Customer is responsible for maintaining the security of their data and user accounts (including updating software and making and storing backups).


Reporting Of AUP Violations

KossCloud requests anyone with any information regarding AUP violations to report it immediately by sending an e-mail to [email protected].

 

If you detect infringement of your intellectual property, e.g. a copyright, trademark or patent, you should contact the infringing party and request that they remove the content immediately. If the infringing party refuses to cease infringement or does not reply to your request within a reasonable term, you should notify KossCloud at [email protected]. Be sure to add to the reporting e-mail information regarding your previous attempts to contact the infringing party, and any results thereof.

 

Furthermore, please add information regarding infringing materials hosted on our servers (Name of material and its domain or IP address). Furthermore, append official proof that you are the owner of the intellectual property.

 

All intellectual property reports that do not comply with the above requirements will be ignored by KossCloud.