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koolhost Terms Of Service
Terms of Service for clients hosting websites with us.

Direct all questions to our trouble ticket system located on our support page. You can find the link to the help page on any of our main menus.

Users are not allowed to send bulk email out FROM their accounts on a shared server, (of course spam of any kind is never allowed but we are now referring to legitimate email lists containing willing recipients). Bulk email will be described as any user sending more than 1000 emails per day. If the user wants to send legitimate bulk email put in a request in the trouble ticket system on our help page to arrange a dedicated server.

Users are not allowed to host legal pornography on a shared server, (of course illegal pornography of any kind is never allowed but we are now referring to pornography that is legal in all forms). If the user wants to host legitimate pornography put in a request in the trouble ticket in our help section to arrange a dedicated server.

User understands that the bandwidth monitor on shared servers inside the control panel provided is only a guideline and is typically only about 10% to 20% of the actual bandwidth being used. The technology of the web based monitor is not accurate enough to measure the actual bandwidth transfer of the server. True bandwidth will be monitored FROM the root server bandwidth monitor, (which can be provided to the user upon request). Example: If the root bandwidth monitor shows 10 gigs used and the control panel monitor shows 2 gigs used, billing for that month will be times 5 of the control panel monitor.

We hope this TOS is helpful in clarifying the obligations of Internet users, including our company and its users, as responsible members of the Internet. Any complaints about a user's violation of this TOS should be sent in a trouble ticket on our help page.

As a provider of Internet access, web site hosting, and other Internet-related services, our company offers its customers (also known as users), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Our company respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, our company reserves the right to take certain preventative or corrective actions. In ORDER to protect these competing interests, our company has developed an Terms of Service ("TOS"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing our company's services. This TOS will be revised FROM time to time. A customer's use of our company's services after changes to the TOS are posted on our company's web site will constitute the customer's acceptance of any new or additional terms of the TOS that result FROM those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When users obtain information through the Internet, they must keep in mind that our company cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained FROM the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because our company cannot monitor or censor the Internet, and will not attempt to do so, our company cannot accept any responsibility for injury to its users that results FROM inaccurate, unsuitable, offensive, or illegal Internet communications.

When users disseminate information through the Internet, they also must keep in mind that our company does not review, edit, censor, or take responsibility for any information its users may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over our company's network and may reach a large number of people, including both users and nonusers of our company, users' postings to the Internet may affect other users and may harm our company's goodwill, business reputation, and operations. For these reasons, users violate our company policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward our company, but also because it can overload our company's network and disrupt service to our company users. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, our company has the discretion to determine FROM all of the evidence whether the email recipients were FROM an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Our company is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also our company's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using our company's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Our company is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our company's network.

Defamatory or Abusive Language -- Using our company's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this TOS -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOS, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- Our company reserves the right not to accept postings FROM newsgroups where we have actual knowledge that the content of the newsgroup violates the TOS.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that our company determines to be harmful to its users, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the user. Our company will not, as an ordinary practice, monitor the communications of its users to ensure that they comply with our company policy or applicable law. When our company becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Our company also is aware that many of its users are, themselves, providers of Internet services, and that information reaching our company's facilities FROM those users may have originated FROM a customer of the user or FROM another third-party. Our company does not require its users who offer Internet services to monitor or censor transmissions or web sites created by customers of its users. Our company has the right to directly take action against a customer of a user. Also, our company may take action against the our company user because of activities of a customer of the user, even though the action may effect other customers of the user. Similarly, our company anticipates that users who offer Internet services will cooperate with our company in any corrective or preventive action that our company deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of our company policy.

Our company also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, our company urges its users to assume that all of their on-line communications are insecure. Our company cannot take any responsibility for the security of information transmitted over our company's facilities.

Our company will not intentionally monitor private electronic mail messages sent or received by its users unless required to do so by law, governmental authority, or when public safety is at stake. Our company may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, our company may disclose information, including but not limited to, information concerning a user, a transmission made using our network, or a web site, in ORDER to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Our company assumes no obligation to inform the user that user information has been provided and in some cases may be prohibited by law FROM giving such notice. Finally, our company may disclose user information or information transmitted over its network where necessary to protect our company and others FROM harm, or where such disclosure is necessary to the proper operation of the system.

Our company expects that its users who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A user's failure to comply with those laws will violate our company policy. Finally, our company wishes to emphasize that in signing the service agreement, users indemnify our company for any violation of the service agreement, law, or our company policy, that results in loss to our company or the bringing of any claim against our company by any third-party. This means that if our company is sued because of a user's or customer of a user's activity, the user will pay any damages awarded against our company, plus costs and reasonable attorneys' fees.

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