ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) governs the use of Kosakowski Design’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Kosakowski Design regarding the interpretation of this AUP, Kosakowski Design’s interpretation, in its reasonable commercial judgment, shall govern.

Offensive Content

You may not publish or transmit via Kosakowski Design’s service any content that Kosakowski Design reasonably believes:

• constitutes child pornography;
• constitutes pornography or adult related material;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person’s trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Kosakowski Design; or
• is otherwise malicious, fraudulent, or may result in retaliation against Kosakowski Design by offended viewers.

Content “published or transmitted” via Kosakowski Design’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Kosakowski Design.

Security

You must take reasonable security precautions. You may not provide free hosting services to your clients. You must protect the confidentiality of your password, and you should change your password periodically.

Obeying the Law

As Kosakowski Design is registered and located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by Kosakowski Design, whether located within the US or other countries.

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Kosakowski Design customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.

Abusive Actions

Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company’s sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.

Restriction on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage:

• Accounts must have valid, working websites, and not violate any previously subscribed terms
• Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
• Accounts are not for us of mass distribution of files, such as torrents or mirrors
• Any account found violating these terms may be suspended or terminated without warning

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Kosakowski Design’s services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Kosakowski Design will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Kosakowski Design network, please send your notice of copyright infringement to abuse@kos-designs.com.

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kosakowski Design to locate the material;
• Information reasonably sufficient to permit Kosakowski Design to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Kosakowski Design network.

Disclaimer

Kosakowski Design is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Kosakowski Design network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized 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 (including those belonging to Kosakowski Design and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the Kosakowski Design’s network.
• Use of Kosakowski Design’s network in a way that unreasonably interferes with Kosakowski Design’s other customers use of the network