Acceptable Use Policy (“AUP”)
This AUP is incorporated by reference in your Service Order with KD Interactive. Capitalized terms used in this AUP and not otherwise defined shall have the meaning given in the Master Services Agreement.
Your Services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement.
Inquiries regarding this policy should be directed to abuse@kdimail.com.
ABUSE
You may not use KD Interactive’s network or Services to engage in, foster, or promote 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 without express authorization of the owner of the system or network;
* Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
* Interference with service to any user of the KD Interactive or other 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;
* Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
* Collecting or using information without the consent of the owner of the information;
* Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
* Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
* Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
* Any conduct that is likely to result in retaliation against the KD Interactive network or website, or KD Interactive’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
BULK MAIL
You may not use your Web Site Service to send Bulk Mail except via our Outreach or other mail marketing service. “Bulk Mail” means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction.
You may not use a third party to send Bulk Mail that references a Web Site Service email address or that has a Web Site Service return email address.
You may not intentionally use your Web Site Service for the purpose of receiving bulk email from others. For example, you may not submit any Web Site Service email address to a “Safelist” or “Free for All” (FFA) list.
Mail messages sent to other users within your domain names hosted on the KD Interactive system are not Bulk Mail.
UNSOLICITED MAIL
You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided or his or her email address in a manner which implies consent to receive the email.
MESSAGE SOURCE
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.
OFFENSIVE CONTENT
You may not use the Web Site Services to distribute content or links to content that KD Interactive reasonably and in good faith believes:
* Constitutes, fosters, or promotes child pornography or bestiality;
* 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;
* infringes on another person’s copyright, 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 KD Interactive;
* is otherwise malicious or fraudulent, or may result in retaliation against KD Interactive by offended recipients; or
* Is intended to harass or threaten.
You may not send email of any kind to a person who has indicated that they do not wish to receive it.
Content “published or transmitted” via KD Interactive’s network or equipment includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
COPYRIGHTED MATERIAL
You may not use KD Interactive’s network or Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, 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; or
* you are otherwise permitted by established copyright law to copy the work in that manner.
It is KD Interactive’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
OTHER
* You must have valid and current information on file with your domain name registrar for any domain hosted on the KD Interactive network.
* You may only use IP addresses assigned to you by KD Interactive in connection with your KD Interactive services.
* You agree that if the KD Interactive IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and KD Interactive may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions:
* You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
SLA
No credit will be available under your KD Interactive Service Level Agreement for interruptions of service resulting from AUP violations.
SECURITY
You may not probe, scan, or test KD Interactive’s systems for vulnerabilities. You may not violate or attempt to violate KD Interactive’s security measures. You may not use KD Interactive’s services to probe, scan or test a third party’s systems for vulnerabilities, or to violate or attempt to violate a third party’s security measures. Examples of security violations are: (i) attempting to access data not intended for your use; (ii) attempting to log into an account that you are not authorized to access; (iii) attempting to obtain services you have not paid for (including KD Interactive Services); (iv) attempting to discover another person’s authentication information; and (v) interfering with another user’s use of the Services.
You must use reasonable security precautions in connection with your use of the Services, such as a desktop virus scanner and firewall. If your Service is exploited by a third party, KD Interactive may suspend your Services until the vulnerability is addressed. For example, KD Interactive may suspend your Web Site Service if you are distributing a virus, even if you are unaware that you are distributing a virus.
SYSTEM ABUSE
You may not use the Web Site Services in a way that creates technical disturbances for other KD Interactive customers or for the KD Interactive systems generally. In addition:
* No Shared Mailboxes – each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as “Fetchmail” or “Microsoft Exchange Connector” to virtualize one mailbox into multiple mailboxes.
* Automated Use – mailboxes are not intended for automated use such as sending emails from web servers, or receiving emails by automated programs. However, such use is permitted provided Customer does not violate this AUP. KD Interactive does not provide technical support for this type of use.
RESELLERS
If you are a reseller of Web Site Services, you are responsible for use of the Web Site Services by your end users in violation of this AUP to the same extent as if you were using the Web Site Services yourself.
EMAIL ABUSE COMPLAINTS
Complaints from email recipients and third party abuse agencies (e.g. Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. KD Interactive shall have the right to terminate your Web Site Service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.
BLACKLISTING/RETALIATION
KD Interactive may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or KD Interactive is retaliated against as a result of your email, regardless of whether you are in breach of this AUP or are otherwise at fault.
OUTREACH MAIL MARKETING
You may not use your Mail Service to send Bulk Mail (defined above) except via our Outreach or other mail marketing service. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk and commercial mail. In addition, you must meet all of the following requirements:
* The mail may be sent only to individuals who have affirmatively indicated they wish to receive it;
* Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
* You retain evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor the recipient’s and KD Interactive’s requests to produce consent evidence within 72 hours of receipt of the request.
* You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented within 48 hours;
* You have procedures in place to prevent you from adding to a list a recipient who has previously revoked their consent;
* You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
* You must have a Privacy Policy posted for each domain associated with the mailing;
* The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information, including your physical address;
* You have the means to track anonymous complaints; and
* You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.
You may not use a third party email service that does not practice similar procedures for all of its customers.
KD Interactive may test and otherwise monitor your compliance with these requirements and may require you to seek advance approval for any Bulk Mail. KD Interactive may throttle your mailing if your Bulk Mail is generating excess bounced messages.
K&D Network Marketing, Inc.