Acceptable Use Policy

Last Revision 22/04/18

Telephone:

024 7590 1069

 

Postal Address: 

XKG LTD, Apt 19077

Chynoweth House

Trevissome Park

Truro

TR4 8UN

 

xKG LTD Acceptable Use Policy (AUP) is designed to provide a clear understanding of the regulations concerning the use of xKG LTD services. From time to time 

xKG LTD may impose reasonable rules and regulations regarding the use of its services. By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service agreement or its equivalent, you agree to abide by the AUP 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 xKG LTD deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

Customer Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, the customer is solely responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach. The labour used  to rectify any such damage is categorized as emergency security breach recovery and is currently charged at £50 per hour.

System and network security violations of system or network security are prohibited, and may result in criminal and civil liability. xKG LTD may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: 

  • Unauthorised 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 without express authorization of the owner of the system or network.
  • Unauthorised monitoring of data or traffic on any network or system without express 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.
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  • High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts

Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by xKG LTD. Such labour is categorized as emergency security breach recovery and is currently charged at £50 per hour. Inquiries regarding security matters may be directed to https://whmore.com/abuse

xKG LTD is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, xKG LTD urges its customers to assume that all of their online communications are insecure. xKG LTD cannot take responsibility for the security of information transmitted over xKG LTD’s facilities.

Password Protection


The customer is responsible for protecting the customer’s password and for any authorized or unauthorized use made of the customer’s password. The customer will not use or permit anyone to use xKG LTD’s service to guess passwords or to access other systems or networks without authorization. xKG LTD will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Contact Information


Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their xKG LTD servers being shut down.

Internet Etiquette

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which xKG LTD may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous, and tortuous, indecently depicts children or is likely to result in retaliation against xKG LTD by offended users. xKG LTD reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement – Software Piracy Policy

The xKG LTD network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the laws of the United Kingdom, or by the common law, is prohibited. This includes, but is not limited to; material protected by copyright, trademark, trade secret, or other intellectual property rights. If you copy, distribute or install the software in ways that the license does not allow, you are violating the law.

Network Responsibility

Customers have a responsibility to use the xKG LTD network responsibly which
includes, but is not limited to, respecting the other customers of xKG LTD. xKG LTD reserves the right to suspend and or cancel service with any customer who
uses the xKG LTD network in such a way that adversely affects other xKG LTD customers. This includes but is not limited to:

  • Attacking or attempting to gain unauthorised access to servers and services that belong to xKG LTD or its customers (i.e. computer hacking)
  • Participating in behaviour which results in reprisals that adversely affect the xKG LTD’s network or other customers’ access to the xKG LTD’s
    network.

xKG LTD will react strongly to any use or attempted use of an Internet account or
computer without the owner’s authorisation. Such attempts include, but are not limited to, Internet Scanning (tricking other people into releasing their passwords), password theft,security hole scanning, port scanning, etc. Any unauthorised use of accounts or computers by a xKG LTD customer, whether or not the attacked account or computer belongs to xKG LTD, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of xKG LTD is strictly prohibited

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:

  • Copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
  • Using any xKG LTD service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
  • Any conduct that constitutes harassment, fraud, stalking or abuse is prohibited.
  • Using the xKG LTD’s network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within xKG LTD network are open to the public. You are solely responsible for your usage of the xKG LTD’s network and servers and any statement you make on servers hosted within the xKG LTD’s network may be deemed “publication” of the information entered.

Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Adult Content on the Internet

xKG LTD will provide notification and will inform any customers in writing of
improper materials on our servers. xKG LTD reserves the right to disconnect any customers immediately. Legal adult content is permitted on the network.

Commercial Advertisements with Email

xKG LTD takes a zero-tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply, this means that customers of xKG LTD may not use or permit others to use our network to transact in UCE. Customers of xKG LTD may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a commercial message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has
not requested or invited the message.

Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file so that in the case that a spam complaint is made against you, you have proof that the user did indeed
opt-in.

Customers of xKG LTD are strictly prohibited from using or permitting others to
use UCE or SPAM over our network. As our customers, if they are resellers, are ultimately responsible for the actions of their clients over the xKG LTD network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Violation of xKG LTD SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, xKG LTD will initiate an immediate
investigation (within 48 hours of notification). During the investigation, xKG LTD may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, xKG LTD may, at its sole discretion, restrict, suspend or terminate the customer’s account. Further, xKG LTD Limited reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. xKG LTD will notify law enforcement officials if the violation is believed to be a criminal offense​

General
  • Clients may not use our hosting service for any illegal purposes.
  • xKG LTD’s decision in all matters pertaining to the AUP will be final.
Suspension

xKG LTD reserves the right to suspend network access to any customer if, in the
judgment of the xKG LTD’s network administrators, the customer’s server is the
source or target of the violation of any of the other terms of the AUP or for any other reason which xKG LTD reasonably chooses, including but not limited to non-payment. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Cancellation

xKG LTD reserves the right to cancel service at any time. If inappropriate activity
is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if xKG LTD institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). xKG LTD requires all customers to provide three days’ notice of any cancellations. 

Indemnification

The customer acknowledges its indemnification obligations under the xKG LTD’s Terms of Service. Violations of this AUP may result in significant civil and criminal liability of the customer.

Disclaimer of Responsibility

xKG LTD is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. xKG LTD disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

XKG LTD |  Apt 19077, Chynoweth House. Trevissome Park, Truro, TR4 8UN