JKOMNI ACCEPTABLE USE POLICY (AUP)
JKOmni Inc.'s Acceptable Use Policy (AUP) is
designed to provide a clear understanding of the rules, regulations
and restrictions regarding the use of JKOmni Inc.'s
From time to time JKOmni Inc. may impose
reasonable rules and regulations regarding the use of its services.
The AUPs are not exhaustive and JKOmni Inc. reserves the right to
modify the AUPs at any time, effective upon either the posting of
the modified AUPs to www.jkomni.com or notification of the
By registering for and using the services, and
thereby accepting the terms and conditions of the Terms of Service
Agreement or its equivalent, you agree to abide by the AUPs as
modified from time to time. Any violation of the AUPs may result in
the suspension or termination of your account or such other action
as JKOmni Inc. deems appropriate. An unlisted activity may also be
a violation of the AUPs if it is illegal, irresponsible, or
disruptive use of the Internet. No credits will be issued for any
interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND
MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE
SERVICES YOU RECEIVE FROM JKOMNI INC. YOU SHALL REMAIN
SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND
ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD
OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT"
INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL
HOME PAGES, AND DOMAIN NAMES. IT IS JKOMNI'S POLICY TO
TERMINATE REPEAT INFRINGERS. JKOMNI RESERVES THE RIGHT TO REFUSE
SERVICE TO ANYONE AT ANY TIME
Customer Security Responsibilities
The customer is solely responsible for any
breaches of security affecting servers under customer control. If a
customer's server is involved in an attack on another server or
system, it will be shut down and an immediate investigation will be
launched to determine the cause/source of the attack. In such
event, the customer is responsible for the cost to rectify any
damage done to the customer's server and any other requirement
affected by the security breach. The labor used to rectify any such
damage is categorized as emergency security breach recovery and is
currently charged at $195 USD per hour. Enquiries regarding
security matters may be directed to firstname.lastname@example.org
System And Network Security
Violations of system or network security are prohibited, and may
result in criminal and civil liability. JKOmni Inc. may investigate
incidents involving such violations and may involve and will
cooperate with law enforcement if a criminal violation is
suspected. Examples of system or network security violations
include, without limitation, the following:
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.
Unauthorized monitoring of data or traffic on any
network or system without express authorization of the owner of the
system or network.
Interference with service to any user, host or
network including, without limitation, mailbombing, flooding,
deliberate attempts to overload a system and broadcast
Forging of any TCP-IP packet header or any part of
the header information in an e-mail or a newsgroup posting.
High-risk services, which are services which tend
to attract denial of service attacks, are strictly prohibited. This
includes, but is not limited to, IRC related services and selling
of shell accounts.
Violators of the policy are responsible, without
limitations, for the cost of labor to clean up and correct any
damage done to the operation of the network and business operations
supported by the network, and to respond to complaints incurred by
JKOmni Inc.. Such labor is categorized as emergency security breach
recovery and is currently charged at $195 USD per hour required.
Enquiries regarding security matters may be directed to email@example.com.
JKOmni Inc. is concerned with the privacy of online
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, JKOmni Inc. urges its customers to assume that all of
their online communications are insecure. JKOmni Inc. cannot take
responsibility for the security of information transmitted over
JKOmni Inc.'s facilities.
The customer is responsible for protecting
customer's password and for any authorized or unauthorized use
made of customer's password. The customer will not use or
permit anyone to use JKOmni Inc.'s service to guess passwords
or to access other systems or networks without authorization.
JKOmni Inc. will fully cooperate with law enforcement authorities
in the detection and prosecution of illegal activity.
Customers are responsible for maintaining their
contact information in the ticketing system such that the email address
is always reachable even in the event of their JKOmni Inc. servers
being shut down.
The customer is expected to be familiar with and to practice good
Internet etiquette (Netiquette). The customer will comply with the
rules appropriate to any network to which JKOmni Inc. may provide
access. The customer should not post, transmit, or permit Internet
access to information the customer desires to keep confidential.
The customer is not permitted to post any material that is illegal,
libelous, tortuous, indecently depicts children or is likely to
result in retaliation against JKOmni Inc. by offended users.
JKOmni Inc. reserves the right to refuse or terminate service at
any time for violation of this section. This includes advertising
services or sites via IRC or USENET in clear violation of the
policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The JKOmni Inc. network may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or
material in violation of United States or state regulation or law,
or by the common law, is prohibited. This includes, but is not
limited to, material protected by copyright, trademark, trade
secret, or other intellectual property rights. Making
unauthorized copies of software is a violation of the law, no
matter how many copies you are making. If you copy, distribute or
install the software in ways that the license does not allow, you
are violating federal copyright law. If caught with pirated
software, you or your company may be liable under both civil and
criminal law, and you may be fined up to $250,000 and/or receive up
to 5 years in jail. In compliance with the Digital Millenium
Copyright Act (the "DMCA"), please send DMCA
notifications of claimed copyright infringements to firstname.lastname@example.org.
JKOmni Inc. will cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy.
Customers have a responsibility to use the JKOmni Inc. network
responsibly. This includes respecting the other customers of
JKOmni Inc.. JKOmni Inc. reserves the right to suspend and or
cancel service with any Customer who uses the JKOmni Inc. network
in such a way that adversely affects other JKOmni Inc. customers.
This includes but is not limited to:
Attacking or attempting to gain unauthorized
access to servers and services that belong to JKOmni Inc. or its
customers (i.e. computer hacking), and/or
Participating in behavior which result in
reprisals that adversely effect the JKOmni Inc. network or other
customers' access to the JKOmni Inc. network.
JKOmni Inc. will react strongly to any use or
attempted use of an Internet account or computer without the
owner's authorization. Such attempts include, but are not
limited to, "Internet Scanning" (tricking other people
into releasing their passwords), password robbery, security hole
scanning, port scanning, etc. Any unauthorized use of accounts or
computers by a JKOmni Inc. customer, whether or not the attacked
account or computer belongs to JKOmni Inc., will result in severe
action taken against the attacker. Possible actions include
warnings, account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack. Any
attempt to undermine or cause harm to a server, or customer, of
JKOmni Inc. is strictly prohibited.
Violations of this policy may be reported directly
to the FBI's Infrastructure Protection & Computer Intrusion
Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. JKOmni Inc.
will cooperate fully with any civil and/or criminal litigation arising
from the violation of this policy.
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any applicable law, regulation, or AUP is prohibited.
This includes, but is not limited to:
copyrighted material or
material protected by trade secret and other statute or
dissemination of harmful or fradulent content.
Using any JKOmni Inc. service or product for the
purpose of participating in any activity dealing with subject
matters that are prohibited under applicable law is
Any conduct that constitutes harassment, fraud,
stalking, abuse, or a violation of federal export restriction in
connection with use of JKOmni Inc. services or products is
prohibited. Using the JKOmni Inc. network to solicit the
performance of any illegal activity is also prohibited, even if the
activity itself is not performed. In addition, knowingly receiving
or downloading a file that cannot be legally distributed, even
without the act of distribution, is prohibited.
Servers hosted within JKOmni Inc. network are open
to the public. You are solely responsible for your usage of the
JKOmni Inc. network and servers and any statement you make on
servers hosted within the JKOmni Inc. network may be deemed
"publication" of the information entered. Acknowledging
the foregoing, you specifically agree not to use our service in any
manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance.
JKOmni Inc. will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection Act of 1984
concerning child pornography. Customers are ultimately responsible
for the actions of their clients over the JKOmni Inc. network, and
will be liable for illegal material posted by their clients.
According to the Child Protection Act, child
pornography includes photographs, films, video or any other type of
visual presentation that shows a person who is or is depicted as
being under the age of eighteen years and is engaged in or is
depicted as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose, of
a sexual organ or the anal region of a person under the age of
eighteen years or any written material or visual representation
that advocates or counsels sexual activity with a person under the
age of eighteen years.
Violations of the Child Protection Act may be
reported to the U.S. Customs Agency at 1-800-BEALERT
Commercial Advertisements with E-mail
JKOmni Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of JKOmni Inc. may not use or permit others to use our network to transact in UCE. JKOmni Inc. is a self-managed environment, and it is the responsibility of JKOmni Inc.'s customers to ensure that no UCE/UBE is sent. Customers of JKOmni Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Unsolicited commercial email (UCE) is defined by JKOmni Inc. as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services, or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.
Unsolicited bulk e-mail (UBE) is defined by JKOmni Inc. as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc.) to multiple recipients who have not agreed to receive such communication.
Use of the JKOmni Inc. network, servers or services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE.
Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email with a tracking number must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines ( http://mail-abuse.org/rbl/manage.html ) for details. Opt-out requests must be honored immediately.
Customers of JKOmni Inc. are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the JKOmni Inc. network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of JKOmni Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, JKOmni Inc. will initiate an immediate investigation upon receipt of the complaint. Upon notification, the customer has 24 hours in which to reply. During the investigation, JKOmni Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, JKOmni Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, JKOmni Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. JKOmni Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of JKOmni Inc.'s SPAM policy may be
reported to abuse AT jkomni DOT com
IP Address Overlap
JKOmni Inc. administers the network on
which customer servers reside. The customer cannot use IP addresses
which were not assigned to them by JKOmni Inc. staff. Any server
found using IPs which were not officially assigned will be
suspended from network access until such time as the IP addresses
overlap can be corrected.
JKOmni Inc. does not allow the use of IRC
on the JKOmni Inc. network. This includes, but is not limited to,
the use of IRC clients, server software, bots or anything related
to IRC. Violators' servers will be suspended.
FTP Backup is intended to be used by existing JKOmni Inc. customers for
remote backup of files and data. JKOmni Inc. recommends a diverse backup
strategy including customer-site backups in addition to FTP Backup, and
thus JKOmni Inc. does not guarantee the availability or condition of any
data or files stored on its servers. FTP Backup may not be used to share
files with the general public nor may illegal or otherwise prohibited data
or files be stored on JKOmni Inc. servers. Connections to FTP Backup are
permitted only from JKOmni Inc. servers. Use of FTP Backup is subject to
JKOmni Inc. Terms of Service and Acceptible Use Policy.
JKOmni Inc. accounts operate on shared resources. Excessive use or abuse
of these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner
which impairs network performance is prohibited by this policy and may
result in termination of your account.
Network-intesnive applications which may negatively impact other JKOmni Inc. customers
include, but are not limited to, peer-to-peer or audio/video streaming applications.
JKOmni Inc. reserves the right to limit or terminate such activities.
The customer understands that the customer
is responsible for paying for any network resources that are used
to connect the customer's server to the Internet. The customer
may request that the customer's server be disconnected from the
Internet, but the customer will still be responsible for paying for
any network resources used up to the point of suspension or
If the customer cancels service on a dedicated server or web account during a billing cycle, such cancellation will take effect at the end of the current billing cycle. The first billing cycle begins on the day the dedicated server or web site is activated and subsequent billing cycles begin on the same calendar day of subsequent months. If any discounts were granted for prepayment, they will be recalculated to reflect the actual time in service.
JKOmni Inc. reserves the right to suspend
network access to any customer if, in the judgment of the
JKOmni Inc. network administrators, the customer's server is
the source or target of the violation of any of the other terms of
the AUPs or for any other reason which JKOmni Inc. chooses. If
inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding the activity.
The customer will not be credited for the time the customer's
machines were suspended. The Customer will be credited on a
prorated basis based on the monthly fees the Customer pays for the
servers that are suspended for the time the Customer's machines
JKOmni Inc. reserves the right to cancel service
at any time. If inappropriate activity is detected, all accounts of
the customer in question will be deactivated until an investigation
is complete. Prior notification to the Customer is not assured. In
extreme cases, law enforcement will be contacting regarding the
activity. All fees paid in advance of cancellation are
non-refundable if JKOmni Inc. institutes its right of cancellation.
Any violation of policies which results in extra costs will be
billed to the customer (i.e. transfer, space etc.).
JKOmni Inc. wishes to emphasize that in signing the Master Services
Agreement or its equivalent, customer indemnifies JKOmni Inc. for
any violation of the Master Services Agreement or its equivalent,
law or AUP that results in loss to JKOmni Inc. or the bringing of
any claim against JKOmni Inc. by any third-party. This means that
if JKOmni Inc. is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages
awarded against JKOmni Inc., plus costs and reasonable
Disclaimer of Responsibility
JKOmni Inc. is under no duty to look at
each customer's or user's activities to determine if a
violation of the AUPs has occured, nor do we assume any
responsibility through our AUPs to monitor or police
Internet-related activities. JKOmni Inc. disclaims any
responsibility for any such inappropriate use and any liability to
any person or party for any other person's or party's
violation of this policy.
All Sub-Networks, resellers and managed servers of
JKOmni Inc. must adhere to the above policies. Failure to follow
any term or condition will be grounds for immediate
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF,
SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.