ACCEPTABLE USE POLICY (AUP)
Koumbit strives to provide high quality service while protecting the privacy and security of our customers. Our Acceptable Use Policy (AUP) helps us prevent the abuse of our services and equipment, thus ensuring the level and quality of service our users expect.
The AUP applies to all Customers of Koumbit.
"Customer" includes any organization, individual, company, or other entity and their agent or affiliate, to which Koumbit (directly or indirectly) provides services ("Services").
"Services" includes any Koumbit facilities, any equipment on Koumbit’s side of the demarcation point or point of service, any equipment owned or provided by Koumbit, any services provided by or arranged by Koumbit and any service which is the subject of an agreement between Koumbit and the Customer, regardless of whether or not the user of Services has a contract with Koumbit
The following uses are prohibited under this AUP. The descriptions are guidelines and are not meant to be exhaustive.
Illegal or Criminal Activities
Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, provincial or other applicable laws or regulations.
- infringing copyrights, trademarks or patents;
- transmitting offensive materials including hateful or defamatory material;
- violating personal privacy.
Security and Integrity Violations
Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of a network, service or other system of Koumbit or others.
- circumventing user authentication or security of any host, network or account ("cracking");
- interfering with service to any user, host or network ("denial of service attacks");
- falsifying addressing information including modifying header information of any TCP/IP packet or email or newsgroup posting for the purpose of concealing the sender's or recipient's identity or any other illegitimate purpose ("spoofing"). This provision is not intended to disallow the use of aliases, anonymous remailers or encrypted messages for any legitimate purpose;
- using Services to violate the acceptable use policies or service agreements of others.
Koumbit may investigate incidents involving such violations and will co-operate with law enforcement if a criminal violation is suspected.
Services must not be used in sending a message (including fax and voice traffic) to any person who does not wish to receive it or with the effect of preventing fair and proportionate use of Services by others, or in spamming, whether or not the quantity or quality of messages disrupts the facilities of Koumbit or others.
- sending unsolicited bulk messages (commercial advertising, unsolicited commercial messages, political tracts, announcements, etc.);
- sending messages with chain mail or financial scam related requests;
- posting a single message, or similar messages, to large numbers of newsgroups (excessive cross-posting or multiple posting, also known as "USENET spam");
- spamming indirectly through the use of other service providers or transmitting email or content through other service providers in a way which indicates in any way that Koumbit was involved in the transmission of such email or content;
- operating an unsecured email relay;
- posting binary files to non-binary newsgroups;
- attempting to evade filters of spamming;
- violating accepted norms of the Internet community, whether or not expressly mentioned in this AUP.
Koumbit reserves the right to prohibit activities that violate this AUP or may damage its reputation.
Koumbit will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer and its equipment (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. Koumbit may at all times monitor its performance of Services electronically to determine if its facilities are operating satisfactorily.
Koumbit may disclose Customer information or information transmitted by means of its facilities (i) to comply with legal requirements, or (ii) where necessary to protect Koumbit and others from harm, or (iii) where such disclosure is necessary to the proper operation of Koumbit’s facilities.
Koumbit will inform the Customer that Customer’s information has been disclosed or will be disclosed, or that monitoring has been performed, except if prohibited by law from so informing.
The Customer acknowledges that Koumbit is unable to monitor or exercise full control over the contents and the information passing through its facilities or carried as a result of performing Services, and is therefore not responsible for said contents and information.
Violation of this AUP (either direct, indirect or commited by a third party) entitles Koumbit to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Services, or take any other appropriate action, as determined by Koumbit in its sole discretion, in addition to any remedies provided by any agreement to provide Services.
Koumbit may give notice of violations but Koumbit reserves the right to act without notice when necessary, as determined by Koumbit in its sole discretion. Nothing in this AUP is to be construed to limit Koumbit's actions or remedies in any way with respect to any of the foregoing activities, and Koumbit reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and disconnecting them from Services, and charging to cover Koumbit's costs in the event of disconnection of dedicated access or like situation.
Koumbit may co-operate with other service providers to discourage and resist abuses of acceptable use policies. Koumbit reserves the right to take corrective action upon notification to Koumbit of unacceptable use on other networks. Services may be used to link to other networks world-wide and you agree to conform to the acceptable use policies of these networks. You agree, through your operations, not to cause disturbances, outages or other problems which may affect Koumbit’s or any other network or network based equipment, or which may adversely affect Koumbit’s ability to provide services.
Disclaimer and Indemnification
The Customer will indemnify and hold Koumbit harmless from any claim brought by third parties related to the Customer's use of Services. The Customer must defend and pay all damages and costs (including legal fees) arising from such claims. The Customer must immediately notify Koumbit of any claim or potential claim within its knowledge, which is related to the Customer’s use of Services. Failure to do so gives Koumbit the right to defend such claims at the Customer's sole cost.
To report a suspected breach of this AUP, please contact email@example.com.