Please Read Very Carefully Use and Misuse of the Services

All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: freelisting@aroundkw.com. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. When Around Kitchener Waterloo becomes aware of possible violations of this Agreement, Around Kitchener Waterloo may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Around Kitchener Waterloo servers. Around Kitchener Waterloo, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD AROUND KITCHENER WATERLOO ITS AGENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND APPLICABLE THIRD PARTIES, (e.g. relevant advertisers, consultants and contractors) (collectively “Indemnified Person(s)”) HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY AROUND KITCHENER WATERLOO AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM AROUND KITCHENER WATERLOO AS A RESULT OF AROUND KITCHENER WATERLOO’S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AROUND KITCHENER WATERLOO’S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

Use and Misuse of Materials

Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on Around Kitchener Waterloo servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. Around Kitchener Waterloo supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. You may not use your hosting space to backup your home computer, due to viruses and other spy type software that can be loaded to the server causing security breaches. Where there are allegations that your on-line activity has violated the legal rights of a third party, Around Kitchener Waterloo will not substitute itself for a court of law in deciding tort claims raised by the third party.

Softaculous

This is provided as is and without warranty, we do not support any of the installs under Softaculous, if you use these courtesy scripts it is your responsibility to keep them up to date and do all the vulnerability patches that are put out by the applications. With open source projects comes vulnerabilities if we determine that your code is causing issue on our server, load time, infection etc. we reserve the right to suspend hosting notify the owner and give them 2 days to fix the issue, if the issue is not fixed the account will e terminated.

Email Use

Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Around Kitchener Waterloo by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user; propagating chain letters; and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behaviour, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at Around Kitchener Waterloo or elsewhere. Around Kitchener Waterloo recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Around Kitchener Waterloo Hosting may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information. Violations of the Around Kitchener Waterloo policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Around Kitchener Waterloo resources are affected, Around Kitchener Waterloo staff may shut down your mailbox.

Email Sending

If you are sending out more than 20 emails at a time you must use a proper email client that sends emails individually, and has logging so you can track emails that bounce or are undeliverable thus removing them from your list, an example of such an email client is Group Mail by Infacta. http://group-mail.com/. There are also free programs up to a certain amount of subscribers, like Mail Chimp, and Constant Contact. We do not want our server black listed for spamming, if you violate this rule you may be asked to leave our server, or your email capabilities will be shut down. Please try to remember we have to protect everyone on our servers.

Please read the Canspamact PDF, it is your responsibility to know the laws that govern email sending and abide by them, if you don’t your email accounts will be closed down – click here

Email Responsibilities

It is your responsibility to make sure that your email account does not go over quota on our server, if you are using a blackberry or program that receives your email from the server and you have checked off the setting leave a copy of mail on the server your email box on the server will fill up, if your email account fills up you will not be able to receive emails, you must login to your cpanel and clear the mail out of your inbox in order to start receiving email again, it is your responsibility not Around Kitchener Waterloo’s to keep your email flowing. When you forward emails to another email client example gmail, hotmail or yahoo, your email still stays on the server if you find you are not receiving email check to make sure that your inbox on our server is not full.

System Security

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Around Kitchener Waterloo or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, Around Kitchener Waterloo reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Around Kitchener Waterloo will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Free and Open Source Content Management Systems, blogs, etc.

It is your responsibility to keep these systems totally up to date, these systems put out regular updates and these updates are vital to keeping your site from being hacked and putting other clients’ sites on the server at risk. If your system becomes of out date and gets hacked your site will be shut down immediately jeopardizing the flow of email and other vital services for your company there are no exceptions.

If your webmaster has created your site using any of these types of free open source software it is his responsibility to keep your system up to date, they may charge a fee for this which is totally understandable, make sure you know all the facts of what they are building you, that is your responsibility.

System Resources

System abuse includes any use of Around Kitchener Waterloo resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space. Further, running programs in the background on a Around Kitchener Waterloo server without Around Kitchener Waterloo prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Around Kitchener Waterloo servers.

Changes

Please note that this AUP is subject to change and it is the Customer’s responsibility to regularly check for modifications. Around Kitchener Waterloo does not issue refunds for terminating service due to suspected AUP violations.

Plan Cancellation

All plans can be cancelled within thirty days of the next billing cycle. This will prevent the next billing cycle from debiting the customer’s credit card account. Plans must be cancelled by email or mail to be a valid cancellation.

30 Day Money Back Policy

Around Kitchener Waterloo offers refunds on hosting for accounts cancelled within 30 days of opening. Refunds are always granted unless the account was closed due to a violation of our AUP.