Acceptable Use Policy - Common Sense is the best Policy !

The purpose of this Acceptable Use Policy is to enhance the Quality of the Services and to protect W2Kx-Web customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from W2Kx-Web. Each User should use common sense and good judgment in connection with the Services.

Prohibited Uses ..

• Utilize the Services to send mass unsolicited e-mail to third parties.
  

• Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not: Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
  

• Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
  

• Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law.
  

• Utilize the Services in any manner that violates applicable law.
  

• Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not: Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person.
  

• Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
  

• Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not: Utilize the Services to cause denial of service attacks against W2Kx-Web or other network hosts or Internet users or to otherwise degrade or impair the operation of W2Kx-Web servers and facilities or the servers and facilities of other network hosts or Internet users.
  

• Utilize the Services to subvert, or assist others in subverting, the security or integrity of any W2Kx-Web systems, facilities or equipment.
  

• Utilize the Services to gain unauthorized access to the computer networks of W2Kx-Web or any other person.
  

• Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
  

• Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailer or Internet nicknames).
  

• Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services. 
  

• Utilize the Services to conduct port scans or other invasive procedures against any server.
  

• Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
  

• Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
  

• W2Kx-Web has no restrictions on contents. Adult materials, MP3s, games, and audio/video streaming are permitted. However, customers are strictly prohibited from using egg-drops, IRC bots, warez materials and shell hosting services on W2Kx-Web servers and network.
  

• Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons. 

This terms of service policy constitutes a legal agreement between you and W2Kx-Web ("W2Kx-Web"); A web hosting provider. The terms of service may be updated by W2Kx-Web as we deem necessary. It is your responsibility to make sure all use is in accordance with this policy.

Acceptance;

• If you are accepting on behalf of a company, you represent and warrant to W2Kx-web that you have full authority to bind such company.

• If you do not agree to abide by this policy please do not use our services.

Prohibited conduct;

You will violate this policy if you engage in the following examples of prohibited activities while using our services:

Mail Policies;

• W2Kx-Web has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient.

• A message is considered unsolicited if it is sent to a recipient who has not requested or invited the message. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of W2Kx-Web whether or not the message actually originated from our network.

• Other restrictions include; using our network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network or the forgery of email headers is prohibited.

Mass Mailings;

• Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings.

• Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to W2Kx-Web upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

• Our mass mailing rules apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a small targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to you for distribution of information. The list must also allow for automatic removal by all end users with non-distribution in the future.

Mail Restrictions;

• W2Kx-Web allows customers to operate small double-opted mailing lists and news letters. Large mailing lists or other mailings with over 50 recipients are not supported and are better hosted with another provider. Mailings with a bounce rate higher then 10% will be considered spam.

Facilitating a Violation of this Policy;

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

Infringing Intellectual Property Rights. 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;

• Violates privacy, publicity, or other personal rights of others.

Obscene Speech or Materials;

• Using W2Kx-Web's services to advertise, transmit, store, post, display, or otherwise make available child pornography. W2Kx-Web shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our services.
  Promoting Violence or Injury;

• Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities;

• Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws;

• Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property contrary to any laws.

Defamatory or Abusive Language;

• Using W2Kx-Web's services as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers and Masking of IP Addresses;

• Forging or misrepresenting message headers or masking IP Addresses, whether in whole or in part, to mask the originator of the message or other Internet activity.

Illegal or Unauthorized Access to Computers or Networks;

• Accessing illegally or without authorization computers, accounts, or networks belonging to W2Kx-Web or another party, or attempting to penetrate security measures of another individual's system (often known as "hacking");

• Engaging in 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;

• Engaging in 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.

IRC (Internet Relay Chat);

• IRC activity "of any kind" is strictly prohibited.

Misuse of Account Features;

• Operating any service which makes an account feature available to third parties for any use other than normal access to that account's Web site is forbidden;

• Operating any service which enables or assists anonymous or abusive behavior by third parties is forbidden;

• Operating any service which affects the stability or reliability of any W2Kx-Web server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden.

• All account features and services are to be used solely in order to develop and implement the Web site and Web pages associated with that W2Kx-Web account. Resellers may make reasonable use of account features shared between multiple accounts they are being billed for.

• Under no circumstance may our server and network resources be used as a means to provide free hosting to the public. Resellers may make reasonable use of the resources for their private endeavors and business related activity.

Export Control Violations;

• Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States.
  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 any other activity, whether lawful or unlawful, that W2Kx-Web in its sole discretion determines to be harmful to customers, operations, reputation, goodwill or customer relations.

Consequences for engaging in prohibited conduct;

• In the event that you engage in any of the activities above, and as determined by W2Kx-Web in its sole discretion, W2Kx-Web may immediately suspend or terminate access to the services or terminate our agreement with you and recover costs and expenses for any harm caused to the W2Kx-Web or its suppliers.

Fees, payments and billing policies;

• As consideration for the services you have selected, you agree to pay the applicable service fees. All fees payable hereunder are non-refundable except those fees covered by the "30 Day Money Back Guarantee" where advertised on the W2Kx-Web Website.

As further consideration for the services, you agree to;

• Provide certain current, complete and accurate information about you as required by the registration process and maintain and update this information as needed to keep it current, complete and accurate.

Fees and Payments;

• All fees are payable in US Dollars. All payments are due on your account's bill day;

• The following credit cards are accepted: Visa and MasterCard. By using your credit or debit card information, you authorize W2Kx-web to charge the card for any fees due on your account. You will be responsible for all charges listed in your account until you cancel your account in accordance with our cancellation policy;

• All charges made to your credit card will be posted from "W2Kx-web" on your credit card statements;

• Your "Bill Day" is the day of the month you created your first W2Kx-Web account. Your account will be billed on this day every month, quarter or year, depending on the payment plan you have selected; charges apply accordingly.

Cancellation policy;

• Services will automatically renew until a service is cancelled. If you do not wish to renew your Monthly or Annual Service agreement you must cancel your account by sending an email to our Billing department, your control panel username and password must be included;

• A cancellation refers to the removal of user materials from our systems and the deactivation of services. You will be required to pay any outstanding charges owed before any cancellation will take place. Please be aware that there are no pro-rated refunds after the first 30 days of service regardless of billing cycle;

• Domain Name Registrations CANNOT be cancelled. As the purchaser of the Domain Name you are the Domain Name's owner until the term of the Domain Name's registration has expired;

Accounts with violations of our policies will not receive a refund under any circumstance.

Violations ..

W2Kx-Web expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. W2Kx-Web has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. W2Kx-Web reserve the right to levy a penalty fee of $10.00 per violation of the Acceptable Use Policy and Service Agreement.

Reporting Non-Copyright Violations; W2Kx-Web encourages Users to report violations of this policy by e-mail to: abuse@W2Kx-Web.com, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

Reporting Copyright Violations; W2Kx-Web complies with the Digital Millennium Copyright Act ("DMCA"). W2Kx-Web encourages Users to report an alleged copyright infringement involving a user by sending a notice to: abuse@W2Kx-Web.com.

If W2Kx-Web learns of a violation of this Policy, we will respond to the customer and may, in our sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

• Warning the Customer.
  

• Suspending the offending Customer from the Services.
  

• Terminating the offending Customer from the Services.
  

• Imposing fees or charges on the offending Customer account in accordance with the applicable service contract.
  

• Removing the offending content.
  

• Taking other action in accordance with this Policy, the applicable service contract or applicable law. 

Each customer is required to utilize available network bandwidth so as to allow for reasonable network performance by all W2Kx-Web users. Because bandwidth is a shared resource, excessive consumption of network bandwidth can interfere with or completely prevent normal network performance for other users.

W2Kx-Web provides 10 MB sustained bandwidth (speed) with temporary burst speeds up to 100Mbps for each server, bursts are available as a courtesy only. W2Kx-Web does not guarantee bandwidth (speed). W2Kx-Web does make certain that the services will be fast enough for use of the advertised services. Users may not consistently saturate server bandwidth thus causing performance problems. Such activity will cause the users services to be temporary shutdown or disconnected to prevent such activities from obstructing network access for other users.

Reservation of Rights .. 

W2Kx-Web reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving W2Kx-Web Services, Customers and other Users. W2Kx-Web reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.