KOS Acceptable Use Policy

1. Introduction

Kingston Online Services (“KOS”) is committed to and supports the free flow of information and ideas over the Internet. KOS does not actively monitor nor does KOS exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over KOS services. However, KOS reserves the right to remove any materials KOS does become aware of that are, in KOS’s sole discretion, potentially illegal, could subject KOS to liability, could disrupt the reasonable operations of KOS’s network and systems, or violate this Acceptable Use Policy (“Policy”).

Each KOS customer is responsible for the activities of its customer base or end-users that use KOS services and, by accepting service from KOS, is agreeing to ensure that its customers abide by this Policy. Complaints about customers or end-users of a KOS customer will be forwarded to the KOS customer’s administrator for action. If irresponsible or illegal activity continues, then the KOS customer’s Products and Services may be subject to termination or other action as KOS deems appropriate without notice.

Your violating this Policy may result in the suspension or cancellation of your KOS services without notice. You should read and interpret this Policy in conjunction with the KOS’s Terms and Conditions for Internet Service.

By using KOS’s system, network, and other resources you indicate acceptance of KOS’s Terms and Conditions and this Acceptable Use Policy, and agree to pay KOS any fees associated with the service used.

2. Policies

Kingston Online Services does not authorize the use of its services in any way that is contrary to law or general acceptable usage or behavior. The following are violations of KOS’s acceptable use policies. When using KOS’ services, the Customer agrees to conduct themselves accordingly:

2.1. Using any account for high volume or commercial use above or beyond the base level of services included in that account. If you would like to receive high-volume or commercial services, please contact KOS’s Sales Department at our office for information. Activities which are prohibited as high volume or commercial use include, but are not limited to:

2.1.1. Any mailbox exceeding 100 MB may, at KOS’s discretion, be transferred to a compressed temporary file or storage. Members will be notified at that time with further information. Sixty days after this notification, or if the mailbox grows to 100 MB in size for more than 12 hours, KOS reserves the right to delete the temporary files from the server.

2.1.2. Exceeding 100 MB of disk space for free Web sites. Any free Web site exceeding 100 MB will be suspended until the customer brings the disk space usage under 100 MB. Additional disk storage may be available for additional charge according to KOS’s current rates then in effect. These prices may also be obtained by calling our offices.

2.1.3. Exposing any party to liability for running a service such as web, ftp or other server not provisioned with a service that offers these services reliably, such as a dedicated fibre connection. Examples of use which KOS does not explicitly disallow but accepts no liability for, include, but are not limited to, mail, http, irc, ftp, dhcp, and multi-user interactive forums. KOS does not disallow legal file sharing between individual parties, but in either case, high volume use may incur subsequent fees.

2.1.4. Resale of any service which is not designated as being provided for that express use in writing. You may not resell, share or otherwise distributed Services or any portion thereof to any third party without the written consent of KOS. For example, you cannot provide Internet access to others through a dial-up connection or provide shell accounts, news service, email or news feeds.

2.1.5. Personal web pages hosted on KOS servers must be non-commercial in content and nature. There are no exceptions.

2.2. Using KOS services for illegal purposes or in support of illegal activities, including transmission, distribution or storage of any material in violation of any applicable law or regulation. In accordance with the KOS’s Terms and Conditions for Internet Service, KOS reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong and/or injured third parties in the investigation of any suspected crime or civil wrong and/or to provide notice of alleged illegal activity upon receipt of information from outside third parties. Activities which are prohibited as potentially illegal include, but are not limited to:

2.2.1. Unauthorized copying, transmission, distribution or storage of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, web sites or other copyrighted sources, and copyrighted software, as well as trade secrets or other intellectual property rights used without consent.

2.2.2. Exporting software or technical information in violation of Canadian export control laws.

2.2.3. Posting or emailing of scams such as ‘make-money-fast’ schemes or ‘pyramid/chain’letters.

2.2.4. Threatening bodily harm or property damage to individuals or groups.

2.2.5. Making fraudulent offers of products, items, or services originating from your account.

2.2.6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user, or, attempting to penetrate security measures of KOS’s or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data.

2.2.7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

2.2.8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any KOS’s customers or end-users by any means or device.

2.2.9. Knowingly engaging in any activities that will cause a denial-of-service (e.g., synchronized number sequence “SYN” attacks) to any KOS customers or end-users, including mail-bombing (see definition below).

2.2.10 Using KOS’s Products and Services to interfere with the use of the KOS network by other customers or authorized users, or in violation of the law or in aid of any unlawful act.

2.2.11 Using KOS’ storage space or web page service to publish information which is of a hateful, pornographic or otherwise illegal nature as defined by broadcast standards currently enforced by Canadian law. For example, you should take appropriate precautions to prevent minors from receiving inappropriate content. KOS reserves the right to remove or refuse to post any information that they, in their sole discretion, deem to be offensive, indecent or otherwise inappropriate regardless of whether the content is unlawful.

2.3. Harassing others by ‘mail-bombing’ or ‘news-bombing’. ‘Mail-bombing’ constitutes sending more than ten (10) similar mail messages to the same email address. ‘News bombing’ constitutes sending more than 5 MB of data to a newsgroup.

2.3.1. Sending unsolicited email messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section. Customer acknowledges that he/she/it is expressly prohibited from utilizing KOS’s service, KOS’s equipment or any of KOS’s electronic mail addresses, including electronic mail addresses from domains served by KOS, in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to any number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of KOS’s service, KOS’s equipment or any of KOS’s electronic mail address. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages. Customer specifically agrees that he/she/it will not utilize KOS’s service, KOS’s equipment or any KOS electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to any number of recipients or 15 or more newsgroups in a single day. For each message upon which violates this provision, Customer agrees to pay KOS $10.00 per message for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, KOS may waive all or part of the applicable charge. In cases of willful violations of this provision, Customer agrees to pay KOS $500.00 per message. KOS at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent KOS from seeking to obtain other legal remedies against customer, including other damages or an injunction.
2.4. Customer accounts with KOS are non-tranferable. Revealing your account password to others or allowing use of your account by others (other than authorized users in your business or household).

2.4.1. Simultaneous login use of the same username and password combination is generally prohibited unless otherwise stated. Check your user agreement and account specifics.

2.4.2. At no time may the Customer resell Internet service to a third party without the express written permission of KOS.

2.5. Forging any message header or email address, in part or whole, of any electronic transmission, originating or passing through KOS services. The forging of any email address for a KOS customer is prohibited without explicit written authorization from the customer.

2.6. Distributing viruses to or from KOS systems.

2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using KOS services or use the account for the purpose of operating a server of any type without written permission of KOS.

2.8. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.

2.9. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.

2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.

2.11. Posting of binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group’s FAQ (Frequently Asked Questions).

2.12. Installation of ‘auto-responders’, ‘cancel-bots’ or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.

2.13 Sending email to a list of addresses which results in more than 10 messages returned as undeliverable. It is the Customer’s responsibility to verify the validity of email addresses prior to sending to a list.

2.14. Engaging in any of the above activities using the service of another provider but channeling such activities through a KOS account or re-mailer, or using a KOS account as a mail drop for responses.

2.15. “Flooding” Internet Relay Chat discussion channels. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

2.16. Automated programs such as “clones” or “bots” are not to be left connected to other hosts on the Internet when the account holder is not physically present at the connecting device.

2.17. A customer may not use the Services to connect to chat servers or channels which they have been previously banned.

2.18. Forging, altering or obscuring your identity (other than using a nickname from which KOS which could, if necessary, determine your login name) while participating in any interactive forum or discussion is forbidden.

2.19. Using high amounts of bandwidth or other resources with services intended for low-cost broadband, which are presented at a low pricing model with the intent of providing fast service, but not dedicated or resalable business services. To keep this service at its peak quality, we have instituted reference amounts which the accounts should reasonably allow. This presently includes the Megabit Modem and its associated services. Each account level has a set amount of data transfer available to it, stated clearly in the pricing and service agreements. In addition,

2.19.1. Over-subscription bandwidth may be chargable at a rate described by the service in question, at the sole discretion of KOS. Extremely high volumes of bandwidth may be monitored for usage patterns.

2.19.2. At no time may the Customer resell Internet service to a third party without the express written permission of KOS.

2.20. Customer understands that any IP addresses assigned to Customer are to be considered “loaned” to Customer, and not permanently provisioned to the Customer. If the Customer is no longer a client of KOS or changes service details in such a manner that static IP addresses are no longer required, they will revert back to KOS.

2.21. KOS reserves the right to disconnect non-dedicated accounts. In the case of dial-up access, if the account is idle for a period of time (usually 20 minutes), or Customer is attempting to use a non-dedicated account as a dedicated one, KOS may, in its sole judgement, disconnect that account from the service to keep services available to other customers. Please also see this document for more information about dial-up “unlimited” service.

2.22. KOS reserves the right to suspend or cancel any account because of, but not limited to, the following reasons: non-payment, consistent late payment, mis-use of services as outlined in this Policy, and change of address or other contact information without notice (whereupon KOS cannot contact the customer for late payment). Please also see KOS’ Terms and Conditions Document.

3. KOS Assumes No Liability

KOS has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on KOS’s systems, nor can KOS ensure prompt removal of any such communications or content after transmission or posting. Accordingly, KOS does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.

3.1. It is the responsibility of the Customer to save, and keep current, backups of data that may be stored on machines owned by KOS but in use by the Customer. This policy includes any copies of mail, web site data of any kind or any other data which could be stored on a KOS system by the Customer. If KOS is unable to provide any data stored by the Customer for any reason, Customer agrees that KOS shall not be liable.

3.2. KOS has no responsibility to provide any service whatsoever for a past Customer should the Customer no longer be a client of KOS. This policy includes saving or providing data that the Customer may have saved on a KOS machine as in 3.1.

4. Revisions to this Policy

KOS reserves the right to modify this Policy at any time without prior notice. Notice of modifications to this Policy may be given to subscribers by posting such changes to the KOS web site (http://www.kos.net), by electronic mail, or by conventional mail.