Customer Care :: Acceptable Use Policy

From time to time Korksoft LLC may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.korksoft.com. The AUPs are not exhaustive and Korksoft reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.korksoft.com or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Acceptable Use Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action, as Korksoft deems appropriate. An unlisted activity may also be a violation of the AUPs 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.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM KORKSOFT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS KORKSOFT'S POLICY TO TERMINATE REPEAT INFRINGERS. KORKSOFT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security 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 event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $125 USD per hour. Enquiries regarding security matters may be directed to support@korksoft.com

System And Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. Korksoft 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:

• 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 without express authorization of the owner of the system or network.
• Unauthorized 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 e-mail or a newsgroup posting.
• IRC chat 'bots' or daemons being run from shared hosting, dedicated servers and/or co-location servers.

Violators of the policy are responsible, without limitations, for the cost of labor 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 Korksoft. Such labor is categorized as emergency security breach recovery and is currently charged at $125 USD per hour required. Enquiries regarding security matters may be directed to support@korksoft.com. Korksoft 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, Korksoft urges its customers to assume that all of their online communications are insecure. Korksoft cannot take responsibility for the security of information transmitted over Korksoft's facilities.

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

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 Korksoft 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, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Korksoft by offended users. Korksoft 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 Korksoft network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, 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. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. Korksoft will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

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

• Attacking or attempting to gain unauthorized access to servers and services that belong to Korksoft or its customers (i.e. computer hacking), and/or
• Participating in behavior, which result in reprisals that adversely affect the Korksoft network or other customers' access to the Korksoft network.

Korksoft will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Korksoft customer, whether or not the attacked account or computer belongs to Korksoft, 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 Korksoft is strictly prohibited.

Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Korksoft will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

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 Korksoft 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, abuse, or violation of federal export restriction in connection with use of Korksoft services or products is prohibited. Using the Korksoft 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 Korksoft network are open to the public. You are solely responsible for your usage of the Korksoft network and servers and any statement you make on servers hosted within the Korksoft 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.

Child Pornography on the Internet. Korksoft will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Korksoft network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

Commercial Advertisements with E-mail. Korksoft takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Korksoft may not use or permit others to use our network to transact in UCE. Customers of Korksoft 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 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 both 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. E-mail is a person-to-person medium, not a broadcast medium. Customers of Korksoft are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Korksoft network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Korksoft's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Korksoft will initiate an immediate investigation (within 48 hours of notification). During the investigation, Korksoft may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Korksoft may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Korksoft reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Korksoft will notify law enforcement officials if the violation is believed to be a criminal offense. Violation of Korksoft's SPAM policy may be reported to abuse@korksoft.com.

IP Address Overlap. Korksoft administers the network on which customer servers reside. The customer cannot use IP addresses, which were not assigned to them by Korksoft staff. Any server found using IPs that was not officially assigned would be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC. Korksoft does not allow the use of IRC inside the Korksoft network under any circumstances.

Billing. The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Customer accounts are billed per the terms their original orders (e.g. Monthly, Quarterly, Annually). Customers may request that monthly accounts be adjusted to Annual billing, however Annual billing customers are not eligible for adjusting to Monthly billing. Customer accounts automatically renew per the terms of their original purchase, unless we receive a notification a minimum of 30-days prior to their next renewal of service (Note: exception is made for those customers within the first 30-days of new service as they may request a full refund excluding setup fees, domain names and SSL certificate purchases); if notification is not received for modification of service and/or cancellation, customer is fully responsible for all charges for renewal of service.

Suspension. Korksoft reserves the right to suspend network access to any customer if, in the judgment of the Korksoft network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Korksoft chooses. 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 contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines were suspended.

Cancellation. Korksoft 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 contacting regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Korksoft if Korksoft 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.). Customers must provide cancellation requests in writing (i.e. email, fax, mail) a minimum of 30-days in advance to service cancellation. Customers that have applied for annual service are bound to the terms of the service and pro-rata refunds are not available.

Disclaimer of Warranty. You as a customer agree to use all Services and any information obtained through or from Korkosft LLC, at Customer's own risk. Customer acknowledges and agrees that Korkosft LLC exercises no control over, and accepts no responsibility for, the content of the information passing through Korkosft LLC's host computers, network hubs, server performance, technical support, and points of presence or the Internet. The service provided under this agreement is provided as is, as available basis. None of Korkosft LLC, it's parent, subsidiary or affiliated corporations, or any of their respective employees, officers, directors, shareholders, affiliates, agents, suppliers, third party information providers, merchants, licensors or the like (each an "Korkosft LLC person") make any warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services, support or any equipment Korkosft LLC provides. No Korkosft LLC person makes any warranties that these services will not be interrupted or error free; nor do any of them make any warranties as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information, services or merchandise contained in or provided through the services. Korkosft LLC is not liable, and expressly disclaims any liability, for the content of any data transferred either to or from the customer or stored by customer or any of customer's customers via the services provided by Korkosft LLC. No oral or written information given by any Korkosft LLC person, will create a warranty; nor may you rely on such information or advice. The terms of this section shall survive any termination of this agreement.

Indemnification. Customer agrees to indemnify, defend and hold harmless Korkosft LLC and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable legal fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

Limitation of Liability. Customer agrees that no Korkosft LLC Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Korkosft LLC at the time) which may exist in the Services or Korkosft LLC's equipment used to provide the Services.

Under no circumstances, including negligence, shall any Korkosft LLC Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Korkosft LLC has been advised of the possibility of such damages. No Korkosft LLC Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Korkosft LLC's records, programs, equipment or services.

Not withstanding anything to the contrary in this Agreement, Korkosft LLC's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Customer understands, acknowledges and agrees that if Korkosft LLC takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Korkosft LLC shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Korkosft LLC.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

Force Majeure. Korkosft LLC shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Applicable Law; Jurisdiction, Venue. This Agreement shall be construed under the laws of Florida, not including the choice of law rules thereof. Any action or proceeding relating in any way to this Agreement shall be brought and maintained only in a federal court or state court located in Tampa, Florida or Orlando, Florida, and all parties irrevocably submit to the jurisdiction of such court and waive any objection to the laying of venue in such court or any claim that such court is an inconvenient forum; provided, however, Korksoft LLC may, in its discretion bring and maintain any litigation arising out of, in connection with, related to, or incidental to this Agreement or the rights or obligations evidenced hereby, or otherwise between the parties hereto, in any state court or federal court in such other county and/or state as Korksoft LLC deems appropriate, convenient, or necessary to more effectively protect its rights.

Assignment. Customer shall not have the right to assign this Agreement without the prior written consent of Korkosft LLC. This Agreement shall be binding upon and inure to the benefit of Customer and Korkosft LLC and their successors and permitted assigns.

Entire Agreement; Severability. This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

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

All Sub-Networks, resellers and managed servers of Korksoft must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.