Acceptable Use Policy

Introduction: KWD Services, Inc. is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our Customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. KWD Services, Inc. is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. KWD Services, Inc. does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Notwithstanding anything found herein, KWD Services, Inc. follows all local, state and federal laws pursuant to the services delivered over the Internet and directly related to our network and internal systems. The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.

Public Network: The primary purpose of the KWD Services, Inc. Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of KWD Services, Inc.'s Acceptable Use Policy".

IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by KWD Services, Inc. IP Addresses are non-transferable from KWD Services, Inc., and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the KWD Services, Inc. engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below. All IP Addresses are currently registered to KWD Services, Inc. via Arin.net assignments. Private IP assignments are available to qualified Customers.

DNS Services: KWD Services, Inc. supplies redundant domain names services for all Customers purchasing services. These services include the use of authoritative name servers for public resolution of domain names. The DNS services are fully managed and maintained by KWD Services, Inc. with Customer specific domain name management through the customer's own specific control panel. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, KWD Services, Inc. will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of KWD Services, Inc.'s Acceptable Use Policy".

IRC: KWD Services, Inc. strictly prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of KWD Services, Inc.'s Acceptable Use Policy".

Peer to Peer: KWD Services, Inc. allows the use of Internet peer to peer software for file sharing purposes. KWD Services, Inc. highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below in the section titled "Methods of Resolution for Violations of KWD Services, Inc.'s Acceptable Use Policy".

Bit Torrent and Point-to-Point Software: KWD Services, Inc. allows the use of bit torrent and point-to-point ("P2P") software protocols on the public network. KWD Services, Inc. highly recommends strict oversight and management of Bit Torrent and P2P software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Bit Torrent and/or P2P policy shall trigger the Methods of Resolution under this AUP as set forth below in the section titled "Methods of Resolution for Violations of KWD Services, Inc.'s Acceptable Use Policy".

Server Content: KWD Services, Inc. does not actively monitor dedicated or shared hosting server content for review. KWD Services, Inc. believes in the free dissemination of information via our services. Content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is prohibited on KWD Services, Inc. servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of KWD Services, Inc.'s Acceptable Use Policy".

The following list represents per se direct violations of this AUP and will be subject to immediate redress under one or more of the Methods of Resolution as described in this AUP and as set forth below.

  • 1. Copyright and Trademark Infringement: Direct copyright infringement (as defined and noted under Title 17, Section 512 of the United States Code) and trademark infringement are direct violations of KWD Services, Inc.'s AUP. Please refer to DMCA copyright infringement requirements for filing complaints or counter notifications related to copyright claims.
  • 2. Child Pornography: KWD Services, Inc. has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and KWD Services, Inc.'s AUP.
  • 3. Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of KWD Services, Inc.'s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, and other common illegal activities.
  • 4. Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of KWD Services, Inc.'s AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
  • 5. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of KWD Services, Inc.'s AUP.
  • 6. Proxy Email (SPAM): The use of services to proxy email unsolicited users is a direct violation of KWD Services, Inc.'s AUP. Proxy email is defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
  • 7. UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of KWD Services, Inc.'s AUP. This includes UseNet services located within the KWD Services, Inc. network or unrelated third party networks.
  • 8. Denial of Service: KWD Services, Inc. absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of KWD Services, Inc.'s AUP.
  • 9. Phishing: KWD Services, Inc. strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
  • 10. Threats & Harassment: The KWD Services, Inc. network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment. KWD Services, Inc. seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
  • 11. Fraudulent Activities: KWD Services, Inc. prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and KWD Services, Inc.'s AUP.
  • 12. Terrorist Websites: KWD Services, Inc. prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
  • 13. Distribution of Malware: KWD Services, Inc. prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at KWD Services, Inc. analyzes the latest root kit for new security analysis/software.
  • 14. HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Disclosure of Customer Information: Occasionally, KWD Services, Inc. is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. KWD Services, Inc. utilizes great care in keeping Customer information safe and private and will only release information described in the subpoena or order. KWD Services, Inc. will notify Customer of the information request as, and if, allowed by the subpoena or order.

Reporting Violation of the Acceptable Use Policy: KWD Services, Inc. accepts reports of alleged violations of this AUP via email sent to Abuse@KWDServices.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. KWD Services, Inc. owes no duty to third parties reporting alleged violations due to lack of privity in contract law. KWD Services, Inc. will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth in Table D below or within its sole discretion.

Methods of Resolution for Violations of KWD Services, Inc.'s Acceptable Use Policy: The ultimate goal of KWD Services, Inc. is to balance the rights and interest of our Customers in the highly evolving Internet world. KWD Services, Inc. understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staff are dedicated to working with the Customer in resolving potential violations, and are available via phone or email. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, KWD Services, Inc. is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

  • Step 1: First alleged violation of AUP: a ticket will be generated under KWD Services, Inc. to provide the Customer's master user with information regarding the potential violation of KWD Services, Inc.'s AUP. This is often a fact-finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
  • Step 2: Acknowledgement of violation of AUP: a ticket is generated under the Customer's master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify Customer of the action required to resolve the violation.
  • Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the Customer for a specified period of time: KWD Services, Inc. engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services may then be achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.
  • Step 4: Failure to address violation and resolve violation: if Customer fails to address the violation AND resolve the violation, a suspension of services shall occur. This is a last resort for KWD Services, Inc. and only results when the Customer completely fails to participate in KWD Services, Inc.'s resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of Customer's data.
  • Disclaimer - KWD Services, Inc. retains the right, at its sole discretion, to refuse new service to any individual, group, or business. KWD Services, Inc. also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.