Acceptable Use Policy
Last updated
February 15 2006 14:31:11 EST

1. Scope and Purpose

KKS BOLASH/NATHAN HEMENWAY (hereafter referred to as "KKS BOLASH") provides services to view and use products, services, and other materials made available over the Internet (Content). By its nature, the Internet is designed to permit the expression of a wide variety of commercial and non-commercial messages, as well as purchase and use products, services, and other items. However, the Internet is not owned or controlled by any one entity. KKS BOLASH can not, and does not, monitor or control any Content, including its customer's Content. Use of the Internet, as a provider Content, or as a user of it, requires a high level of individual judgment. By accessing the Internet, you assume the risk that Content available through KKS BOLASH's services may be inaccurate, offensive, illegal or otherwise unsuitable to your individual tastes, and/or needs. KKS BOLASH can not, and will not, accept responsibility for injury that results from this Content, even if that Content may be legally actionable.

To balance the often competing issues that the nature of the Internet creates, KKS BOLASH has created this Acceptable Use Policy (AUP). This AUP governs the use of the services provided by KKS BOLASH, its customers, visitors to KKS BOLASH's web sites, and visitors to customer's web sites (all such collectively referred to as "End Users"). It is a part of each customer's agreement with KKS BOLASH and is incorporated by this reference. While this AUP is designed to facilitate open and free use of the Internet, and balance issues presented by that use, KKS BOLASH may take actions based on this AUP that in its sole opinion are in its best business interests, regardless of whether the use itself is legal.

In particular, KKS BOLASH encourages prospective customers to carefully review sections of this AUP covering E-Mail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire AUP, may help avoid creating issues under it that will cause KKS BOLASH to take action, up to, and including, termination of a customer's account.

Customers violate this AUP when they or End Users engage in activities prohibited by it. It is a customer's responsibility and contractual obligation to ensure that End Users comply with this AUP. KKS BOLASH expects that customers will cooperate with it in the enforcement and administration of this AUP. A customer's failure to do so is a violation of their contract.

2. Conduct

2.1 Lawful Use
KKS BOLASH's services may be used for lawful purposes only. Customers and End Users may not use KKS BOLASH's services to directly facilitate the violation of any particular law or regulation. Use of KKS BOLASH's services is governed by the laws of the United States, regardless of our physical location or that of the Customer or End User.

2.2 Other Acceptable Use Policies
When using KKS BOLASH to connect to other systems, Customers and/or End Users must respect any acceptable use policies, terms of service, terms and conditions or similar restrictions placed on their use by the owners of those systems.
Services we provide may be subject to other acceptable use policies. We will provide these acceptable use polices to you on request.

3. Accountability

Any use of Customer's account, server, or any other service provided by KKS BOLASH will be considered use by the individual or entity set out in KKS BOLASH's records as the owner, or principal contact. This individual or entity will be held responsible for all contractual obligations including violations of this AUP. The security of Customer's systems and account details are the responsibility of the customer. The primary contact is considered the owner or authorized user of all data using KKS BOLASH's services.

KKS BOLASH recommends that Customers take steps to ensure that all use of their account and/or server is authorized. This includes restricting physical access to their computers and networks, logging their use, and ensuring that their account details (especially passwords) are stored securely. Connecting a computer to the Internet exposes it to millions of other computers. KKS BOLASH recommends that Customers ensure that their computer is secured against abuse from the Internet. All security related responsibilities are those of the Customer unless otherwise agreed upon in writing. Computers are configured to facilitate their operation in KKS BOLASH's network. This configuration may be less secure than others. Customers are encouraged to review security protocols and ensure that they have selected the security level fitting their needs. KKS BOLASH makes no warranties regarding the security of its network.

The structure and nature of the Internet community changes often. Activities that may at one time have been considered to be acceptable to the general public, may, over time, become unacceptable. KKS BOLASH, Customers, and End Users do business in this unstable and unpredictable environment. KKS BOLASH will attempt to give Customers 30 days prior notice of a material change to this AUP. Such a notice will be posted at here in our Acceptable Use Policy. However, because of the nature of the Internet, KKS BOLASH reserves the right to change this AUP without notice. Continued use of KKS BOLASH's services constitutes acceptance of the most current version of the AUP.

It is the responsibility of the customer to notify KKS BOLASH of any changes to their account or contact information. KKS BOLASH has no responsibility for communications that are misdirected as a result of Customer's failure to provide KKS BOLASH with updated contact information.

4. Contacting KKS BOLASH regarding violation of this AUP

E-mail addresses used to contact KKS BOLASH are set out within this AUP. Please note, that KKS BOLASH has created special addresses for certain types of complaints. Complaints misdirected by a Customer or End User may not be responded to. Complaints submitted to KKS BOLASH are not confidential and may be forwarded to KKS BOLASH's customer or law enforcement, without notice. KKS BOLASH does not recognize requests that complaints be kept confidential, and will not honor those requests.

Complaints for which a particular e-mail or other contact address is not specified in this AUP, should be sent to abuse@kksbolash.com. Complainants should include as much detail as possible. Relevant E-mails or Usenet postings (including all headers) and logs, together with references to charters, acceptable use policies and other supporting evidence should all be included when they are available. Some abuse complaints may not receive a reply depending on the volume of abuse complaints about that particular issue.

KKS BOLASH recognizes that it is often expedient to request that KKS BOLASH take action related to a Customer or End User. However, KKS BOLASH is not always in the best position to take action. The fact that a particular activity is prohibited in this AUP does not obligate KKS BOLASH to take any specific action.

5. Intellectual Property Rights

Customers warrant that their use of KKS BOLASH's services are authorized, and that they are the lawful owner, or licensee of Content, placed on, or accessed through those services.

5.1 Copyright Infringement
KKS BOLASH is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). The DMCA contains very specific criteria setting out what an allegation of copyright infringement must contain. The criteria are available at http://www.copyright.gov/title17/92chap5.html#512. KKS BOLASH is not required to respond to notices that do not fall within these criteria. Please review them carefully. Under Federal Law, you may be subject to heavy civil penalties if you misrepresent your copyright interest in a DMCA complaint.
KKS BOLASH's designated agent for receipt of notices pursuant to the DMCA is:

5.2 Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, trademarks, service marks, trade secrets, software piracy and patents. Complaints about such activity by Customers or End Users may be directed to abuse@kksbolash.com.

6. Certain Content Restrictions

KKS BOLASH does not participate or knowingly host sites which may be offensive in any way. For the purposes of this AUP, KKS BOLASH reserves the right to distinguish what constitutes offensive content. Users are prohibited from using KKS BOLASH's services to disseminate or access offensive material. KKS BOLASH is required by law to report the use of its services to disseminate or display offensive material. KKS BOLASH actively cooperates with law enforcement in their efforts to prosecute violations of U.S. statutes restricting offensive content, and will do so without informing Customers or End Users.

Offensive content complaints may be directed to abuse@kksbolash.com.

Further information about offensive may be found at www.ncmec.org

7. U.S. Export and Import Laws

Customers and End Users may not use KKS BOLASH's services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use KKS BOLASH's services to provide services to End Users with whom U.S. citizens may not do business.

More information about U.S. export laws may be found at http://www.export.gov/exportcontrols.html

8. Privacy

Customers and End Users should not assume that any information in KKS BOLASH's possession is confidential or will not be disclosed.

Customers and End Users should not assume that they will receive notice of subpoenas and requests for information related to their accounts.

Please refer to KKS BOLASH's privacy policy.

9. IP Addresses

KKS BOLASH owns IP numbers and addresses assigned to customers. KKS BOLASH may, in its sole discretion, change these numbers. These numbers may not be transferred to another provider.

10. Subpoenas and Other Requests for Information

Law enforcement agencies who seek information about KKS BOLASH's customers, and/or their use of KKS BOLASH's services, are required to submit a subpoena, or other similar document, pursuant to which KKS BOLASH is required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to KKS BOLASH, the Subpoena will be transmitted to KKS BOLASH's Customer.

Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at KKS BOLASH's discretion. Responses are subject to a response fee of $250 per hour. KKS BOLASH does not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact KKS BOLASH prior to serving Civil Demands in order to minimize their expense.

Address for Subpoenas and Civil Demands:  

11. Security

11.1 Unauthorized Access
Under no circumstances may KKS BOLASH's systems be used to gain access or deny access to a system or attempt to gain or attempt to deny access to a system without the permission of the system's owners (or rightful users).

11.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume the resources of a system in order to reduce its ability to serve its function.
Under no circumstances may KKS BOLASH's systems be used in DoS attacks.

11.3. Prohibition of Abnormal, Damaging Traffic

Abnormal traffic shapes may cause determental effects to other users and/or the network, and, in extreme cases, may have DoS attack like effects.

11.3.1. Maximum pps Ratio

Customers must ensure that their packets per second (pps) ratio is below 1 packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher pps to bandwidth ratios will result in immediate service termination with no grounds for reinstatement. Furthermore, Customer will be liable for a minimum fine of $500 per hour that the pps ratio is exceeded, or greater based on the scope of the effect on other users and/or the network.

11.4 Probes and Scans

11.4.1 Definitions
Probe
A probe is a connection made to a computer in order to determine if it has a security vulnerability (for example, testing a mail relay to see if it allows third party relay). This also includes un-authorized security testing of any system or network.

Port-Scan
A port scan is making multiple attempts to connect to a computer on different ports in order to determine the services it provides.

Sweep
A sweep is a series of attempts to connect to multiple network addresses in order to determine whether they are in-use, providing a specific service or to map a network's topology.

Spoofing
Spoofing is faking the details of a connection in order to make it appear to come from a different computer, organization or individual without their permission.

11.4.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems is prohibited, and may be reported to law enforcement agencies.

KKS BOLASH reserves the right to use probes, port-scans, sweeps and spoofing on any system connected to the KKS BOLASH network in the course of performing security assessments and threat management.

11.4.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be rectified as soon as possible. KKS BOLASH reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.

12. E-Mail

12.1 E-mail/Spam

Generally
The Internet is a robust source for communication between individuals and entities. KKS BOLASH supports the use of E-mail for legitimate communications in a manner that is generally accepted. The use of E-mail for unsolicited bulk E-mails is not generally accepted. The use of KKS BOLASH's services to transmit this type of E-mail is specifically prohibited by this AUP. While differences of opinion may exist on what type of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, KKS BOLASH's Customers and End Users are required to abide by the definitions and restrictions in this AUP, regardless of whether a particular type of E-mail communication is permissible by law or other regulation.

12.1.1 Definitions
Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar E-mails to more than 20 E-mail addresses.

Commercial E-mail
Commercial E-mail is any E-mail message, the primary purpose of which, is the commercial advertisement or promotion of a commercial product or service, including Content on a web site, which is operated for a commercial purpose, or which has as its primary goal, a commercial purpose.

12.1.2 KKS BOLASH's services may not be used to send UBE and UCE (a.k.a. spam)
KKS BOLASH's systems may not be used to send Unsolicited Bulk E-mails (UBE) or Unsolicited Commercial E-mails (UCE).
Customers or others acting on their behalf may not send UBE or UCE promoting or advertising domain names, URIs or E-mail addresses hosted by KKS BOLASH.
See RFC2635 for more information on spam.

12.1.3 Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on any public bulletin board system or web site unless it is expressly allowed on that system or web site. Complaints will be handled the in the same manner as UBE and UCE complaints.

12.1.4 Bulk Mailing Bulk Mailing Through KKS Bolash.com
KKS BOLASH's mail servers are the only servers designed to send Bulk E-mail using the mailing list system that may be part of the subscribers account. Sending Bulk (or Broadcast) E-mail through or from any KKSbolash.com owned server, that is not expressly designed to handle mailing lists, is strictly prohibited. This specifically includes but is not limited to KKSBolash.com web servers running any operating system or combination of server software. Violations of this policy may lead to sanctions permanently or temporarily inhibiting the ability to send any mail from those servers or total account termination at KKS BOLASH's sole discretion.

12.2 Mail Bombing
Mail Bombing is sending more than 10 substantively similar E-mails to the same recipient in any 24-hour period.
KKS BOLASH's systems may not be used to engage in Mail Bombing.

13. Usenet

Usenet is a distributed hierarchy of publicly accessible forums primarily defined by RFC1036.

13.1 Usenet Spam

13.1.1 Definitions
Cross-Posting
Cross posting is posting a single Usenet message that is marked as appearing in multiple newsgroups.

Multi-Posting
Multi-posting is repeatedly posting identical or substantively similar messages. Multi-posting is considered bad because each copy of a multi-posting must be separately distributed across Usenet, whereas a cross-posted message need only be transferred once (even though it appears in multiple newsgroups).

Briedbart Index
In order to quantify how bad a multi-posted or cross-posted message is the Briedbart index is used.
If during any 45 day period, a series of substantively similar messages are posted, the first cross-posted to n1 groups, the second to n2 groups, the third to n3 groups, etc. The Briedbart index of that series of postings is calculated as the sum of the square roots of n1, n2, n3, etc.

Excessive Multi-Posting (EMP)
Any series of substantively similar postings with a Briedbart index greater than 20 constitutes Excessive Multi-Posting (EMP).

13.1.2 Prohibition of EMP
KKS BOLASH's systems may not be used for EMP. Customers or others acting on their behalf may not engage in EMP promoting or advertising domain names, URIs or E-mail addresses hosted by KKS BOLASH.

13.2 Off-Topic Posts

13.2.1 Definitions
Charter
Many newsgroups have charters which place restrictions on what messages may be posted to them. Charters can be searched for here: http://www.faqs.org/faqs/faqsearch.html.

Off-topic
Where a charter exists for a newsgroup, a message posted to it which violates that charter is off-topic.

13.2.2 Prohibition of Off-Topic Posts
KKS BOLASH's systems may not be used to post off-topic messages. Customers or others acting on their behalf may not post off-topic messages promoting or advertising domain names, URIs or E-mail addresses hosted by us is also prohibited.

14. Prohibited Services & Protocols

14.1 IRC
IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using KKS BOLASH's services. No connections to IRC or IRC-like servers or hosts may be made from KKS BOLASH's services.

14.2 Multicast
Customers may not make use of the multicast protocol unless they have a written and signed exemption to this rule from KKS BOLASH. Customers using the multicast protocol without prior written authorization will be billed up to $500 per hour that multicast is used.

14.3 Open Proxies
Customers may not make use of proxy servers that are not protected by a username and/or password or restricted to specific IP addresses to make indirect network connections to other network services. This includes, but is not limited to, SOCKS proxies, Web proxies, Network address translation (NAT) proxies, Web-based proxy servers and open SMTP relays.

15. Consequences

KKS BOLASH expressly reserves the right to suspend or terminate, without notice, all services for any customer who violates our terms and conditions. The sub-sections in this section are only presented as a guide to how complaints are normally handled. Complaints about any violation or unacceptable activity may lead to suspension or termination of any service or services offered by KKS BOLASH. No refunds are provided for services terminated because of any violations of this AUP.

If practical, we will contact Customer (either by telephone or E-mail) before any action is taken. Where KKS BOLASH believes that that the violation was accidental or will not be repeated, KKS BOLASH may, at its discretion, choose to re-enable services. In these circumstances KKS BOLASH may also place restrictions or further conditions on Customer’s use of KKS BOLASH's systems, require a formal undertaking from them regarding their future conduct or require payment to cover costs incurred by KKS BOLASH in dealing with the abuse incident.

In certain circumstances, KKS BOLASH may suspend a Customer's services in the interests of preventing further abuse while KKS BOLASH investigates.

15.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be dealt with firmly by KKS BOLASH. Since it is true that complaints do come in about UBE or UCE and the complainant is actually a valid subscriber there is an allowance as follows: The responsibility lies on Customer to make sure their mailing lists are kept up to date and clean of all non-subscribers. Even responded to warnings under section 16.1.1 below will count against the total for subsequent sections following 16.1.1.

15.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period Customer will be notified of those complaints with copies of the reported E-mails. This one chance will be given to cease this activity, secure the system from relaying/abuse, or unsubscribe those who filed the complaints.

15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods service will be suspended for ten days. Customer will be notified of those complaints with copies of the reported E-mails. It will be the responsibility of Customer to request reconnection when the ten day suspension period has expired. A reconnection fee, equivalent to the a normal account/service set-up fee, will apply.

15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive 24-hour periods the account will be terminated immediately. Notification will be sent after services are terminated.

15.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or KKS BOLASH discovers an open relay or open proxy through the course of business Customer will be notified after services are suspended. Restoration of service will require written acknowledgement of the reason for suspension and either:

1) An indication that the security issue will be remedied including how this will be achieved; or
2) Customer pays KKS BOLASH to remedy the security issue on the customer's behalf.