Acceptable Use Policy |
This Acceptable Use Policy (the “Policy”), including the following list of Prohibited Activities, is an integral part of your agreement with us.
You agree to abide by the provisions of this Policy. If you engage in any of the activities prohibited by this Policy, we may suspend your use of the Services and/or terminate your account in accordance with our terms of service or our terms of trade (as applicable). Our terms of service can be found at: https://virtual.kiwi/tos/.
The Policy is designed to help protect us, our clients and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by us. We reserve the right to modify the Policy at any time, effective upon posting at https://virtual.kiwi/aup. Continued use of the Services constitutes acceptance of the modified Policy.
Unless the context otherwise requires, capitalised words not defined in this Policy have the meaning given to those words in our terms of service.
Prohibited Uses of Our Systems and Services
- The Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is offensive, obscene, defamatory, is otherwise objectionable or constitutes an illegal threat, or violates any applicable export control laws.
- Violations of system or network security (whether our systems or those of any third party) are prohibited and, in addition to suspension or termination of Services, may result in criminal and/or civil liability. We will investigate incidents involving suspected violations and may involve, and will co-operate with, law enforcement agencies if any criminal violation is suspected. Examples of system or network security violations include, without limitation:
- 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 authorisation of the owner of the system or network;
- Unauthorised monitoring or interception of data or traffic on any network or system without express authorisation of the owner of the system or network; and
- Interference with service to any user, host or network (whether on our network or otherwise) including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks (e.g., synchronised number sequence attacks).
- Sending Unsolicited Bulk Email (“UBE” or “spam”). The sending of any form of UBE through our servers is explicitly prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilising any resource hosted on our servers, is prohibited. Our accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another internet service provider (“ISP”) where those messages violate this Policy or that of the other ISP.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy or the acceptable use policy of any other ISP, which includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing, denial of service attacks.
- Operating an account on behalf of, or in connection with, or reselling any Services to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
- Obtaining or attempting to obtain Services by any means or device with intent to avoid payment.
- Unauthorised access, alteration or destruction of any data belonging to us or any of our clients or their authorised users by any means or device or any attempt to do any of those things.
- Using our Services to otherwise interfere in any way with the use of our network by other customers or authorised users.
Limitations on Services Provided by Us
In addition to any other requirements of this Policy or the terms of service, the Services may only be used in a manner that is consistent with their purpose. We will determine whether this is the case at our sole discretion.
In order to ensure that our Services operate as smoothly as possible, there are limitations on their use. Where these Services are provided, in full or partially, by Third Party Providers or our Carriers, the Services will be subject to the limitations specified by those Third Party Providers and/or Carriers. Where the Services are provided directly by us, the limitations include, but are not limited to the following:
Basic Mail Services
- Maximum Message Size for a Single Message: 20Mb. You will be able to receive a message up to 20Mb provided you have adequate space in your mailbox.
- Maximum Email Mailbox Size: – The maximum size of your mailbox will be the size that you specify when purchasing the mailbox, or that you purchase from us at a later date.
- No Outgoing Mail Facility: The Basic mail services does not provide an outgoing mail facility for sending email. You will need to use services provided by your ISP or other providers for sending email.
Website Hosting Services
- Your website hosting subscription comes with various limitations on storage and traffic that you will be informed of when purchasing this subscription. If your website exceeds these limits, you may be required to upgrade to another website hosting subscription, requested to reduce your usage, or your website may be temporarily disabled to ensure it does not exceed these limits
- System Resources: Unless you have subscribed to a dedicated website hosting plan (e.g. a dedicated virtual private server), you acknowledge that the Services are provided using a hosting platform where multiple users share a finite pool of server and other computing resources. You agree not to engage in any activity that could overwhelm our hosting platform with heavy CPU, memory or network usage demands that require a disproportionate amount of resources. If your site does use a disproportionate amount of resources that is impacting other sites, we may contact you to suggest an upgrade to another hosting plan, or where that is not practical we may disable your site to prevent further disruption to other clients
- Dynamic Server-Side Scripts and Executables: It is your responsibility to ensure that any cgi-scripts, executable files or dynamic scripts, written by you and uploaded to our hosting platform are written and configured in a secure and reliable manner. All responsibility for support and maintenance of these scripts lies with you unless stated otherwise in the terms of the Services provided. We may from time to time and without notice make upgrades to the software and hardware running on our Servers. It is your responsibility to ensure your scripts and executable files still work as expected after these upgrades.
Additional Obligations
- It is your responsibility to comply with any instructions or requests made by us with regard to the hosting of your Website, or your domain name or any other Services in a timely fashion.
- Solicited Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list. Purchasing lists of email addresses from 3rd parties for mailing to or from any of our Services, or referencing any of our accounts, is prohibited. The utilisation of our servers’ SMTP services for the use of sending bulk emails is expressly prohibited unless otherwise agreed in writing.
- You are responsible for protecting your passwords and for any access and use (whether or not authorised by you) of our systems and/or networks by way of your account and logon information. All action, loss or damage resulting from your passwords being compromised (other than any security breach solely attributable to us) will remain your sole responsibility.
- We will only deal with the authorised person(s) for your account. You must promptly notify us of any changes to your authorised persons in accordance with our procedures for this. Should any dispute arise between you (or any other person) and the authorised persons concerning the disclosure or use of your logon information, you agree that you (or such other person) will not involve us in such dispute, and we will refuse any request by you (or such other person) to disclose logon or other account information or to issue replacement passwords except with the prior written consent of the authorised person(s). Pending resolution of such dispute, in our sole and absolute discretion, we may suspend or cancel the use of the disputed logon information, and, in that event, the relevant clauses in our terms of service or terms of trade shall apply
- You are responsible for all the content or information residing on, obtained or transmitted via the Services. You must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Services. You must ensure there is no content that could be considered threatening, obscene, indecent, defamatory, objectionable or that otherwise could adversely affect any individual, group or entity.
Your Responsibility for Your Users
You are responsible for the activities of your users and by using the Services, you agree to ensure that your customers, employees, representatives and end-users abide by this Policy.
Complaints about your customers/representatives or end-users will be forwarded to your registered contact email address where possible.
Enforcement of this Policy
We reserve the right to take all action necessary, in our discretion, to enforce this Policy, to preserve the quality of the Services and to protect our legitimate rights and interests and those of our other clients. We may immediately suspend or terminate your use of the Services or take other action to stop you from violating our Policy as we deem appropriate, without notice.
If we determine that it is practical in the circumstances, we may provide advance notice or warning of a violation of our Policy and allow you to correct the violation prior to any enforcement action. We do not guarantee any advance notice however, and will not be liable to you or any third-party claiming through you for any failure to provide advance notice of any enforcement action.
Abuse Complaints
Complaints regarding any use of our Services in breach of this Policy should be sent to: [email protected].