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A. General Terms:
By accessing this website, you are agreeing to be bound by this website’s Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Kydma.com’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Kydma.com’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kydma.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Kydma.com’s website are provided “as is”. Kydma.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kydma.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Kydma.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kydma.com’s website, even if Kydma.com or a Kydma.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and errata:
The materials appearing on Kydma.com’s website could include technical, typographical, or photographic errors. Kydma.com does not warrant that any of the materials on its website are accurate, complete, or current. Kydma.com may make changes to the materials contained on its website at any time without notice. Kydma.com does not, however, make any commitment to update the materials.
Kydma.com has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kydma.com of the site. Use of any such linked website is at the user’s own risk.
Any claim relating to Kydma.com’s website shall be governed by the laws of the country of the founder, without regard to its conflict of law provisions.
B. Acceptable Use Policy (AUP):
Kydma.com (“Kydma”, “us”, “we”, or “our”) has developed this Acceptable Use Policy (“AUP”) document to govern kydma’s online services (“Services”) which consist of Domain Registrations/Transfers/Management, Shared Hosting, Semi-Dedicated Hosting, Reseller Hosting, Dedicated Servers, Data Backups and any related add-on products. Our AUP is incorporated into our Terms of Service (TOS) and any other contracts we have with you by this reference. Terms not defined in this AUP have the meaning given to them in your agreement with us in our Terms of Service (TOS).
We reserve the right to amend this AUP at any time. We will notify you of these changes by sending an email to your contact email address registered on file and posting a complimentary notice in our Client Area. If we make a change that materially impacts your ability to use the Services, you may terminate the affected Services without penalty. The most recent version of the AUP can be found on this page.
Failure to abide by the terms of this AUP shall be grounds for immediate account suspension or termination, in some cases without notice, and forfeiture of all fees paid. Please note that the evolving nature of the Internet prevents us from including in this AUP all possible unacceptable usage of the Services. We reserve the right to determine, in our sole discretion, what other activities are unacceptable.
It is your responsibility to ensure that your End Users comply with the terms of this AUP. Your failure to do so constitutes a violation of this AUP.
To report suspected abuse or any violation of these policies, please contact our support department.
Provisions for All Customers:
1. Illegal Usage
All Services provided by Kydma may only be used for lawful purposes.
The Customer agrees to indemnify and hold harmless Kydma from any claims resulting from the use of our Services.
Distribution, presentation, storage or transmission of any data, information or material in violation of any applicable law or regulation is prohibited.
Examples of such violations are provided below.
This list is intended as a guide for you and your End Users and does not represent all possible unlawful uses of the Services.
|Examples of Illegal Usage (not limited to the following)|
|Acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation, or goodwill, as determined by us in our sole and exclusive discretion|
|Child pornography, child erotica, and bestiality|
|Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks|
|Directly facilitating the violation of a law or regulation and/or instructing others in prohibited activities|
|Files, images, or torrent hosting service|
|Forging, misrepresenting, omitting, or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message|
|Forums and/or websites that distribute or link to warez, pirated, and/or illegal content|
|Gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes|
|Hacking, and/or subverting, or assisting others in subverting, the security or integrity of Kydma’s Services or systems|
|Participate in any file-sharing or peer-to-peer activities|
|Pirated software (warez)|
|Promoting violence or injury|
|Running of any software that interfaces with an IRC (Internet Relay Chat) network|
|Sale of any controlled substance without prior proof of appropriate permit(s)|
|Soliciting the performance of any illegal activity, even if the activity itself is not performed|
|Unsolicited Commercial Email (UCE) / SPAM|
|Using defamatory, threatening or abusive language|
|Violations of U.S. export control laws|
|Violation of intellectual property rights of others|
2. Unsolicited Commercial Email (UCE) / SPAM
The only email marketing activities allowed under this AUP are those compliant with the CAN-SPAM Act. We strongly encourage you to familiarize yourself with this act before engaging in any email marketing activities using our Services. Please note that activities permitted under the CAN-SPAM Act can still be violations of this AUP for other reasons, and may result in immediate suspension or termination of your account, without notice, as determined by us in our sole discretion.
Spam is strictly prohibited under this AUP. Violations of our spam policy shall result in a possible suspension and/or termination of your account or Services. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unauthorized or unsolicited advertising and promotional materials such as “junk mail,” “instant messaging,” “chain letters,” or “pyramid schemes.” An electronic message is “spam” IF: (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
The sending of Unsolicited Bulk Email (UBE) from another service provider advertising a website, email address or utilizing any resource hosted on Kydma’s servers, is also prohibited. All bulk emails must be solicited, meaning that the sender has an existing and provable relationship with the email recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to Kydma upon request. Kydma Services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. Running Unconfirmed Mailing Lists Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Kydma Customers must be closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. All purchased lists, even if offered as a “safe list” or “double opt-in”, will be treated as spam.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is also prohibited.
This AUP also prohibits any action that compromises our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, as a result of such actions by you or your End Users. Based on your actions, you may also be exposed to criminal and civil liability. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of system security or authentication measure, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username, and confidential information.
4. Copyright Infringement
If you feel that your site has been copied by one of our Customers or an End User, in such a way that could violate the DMCA, you must provide us with proper notice of such infringement. The DMCA sets forth very specific guidelines of what your notice must contain.
To report a copyright infringement, please contact our support department.
5. Violation of Rights Other Than Copyright
You shall not, and your End Users shall not use our Services to violate the intellectual property rights of others, including, but not limited to, copyright, trademark, trade secret, and patent rights. You shall not, and your End Users shall not use our Services to violate the recognized rights of others, including, but not limited to, acts that defame, harass, abuse, or threaten others.
6. Child Pornography, Child Erotica, and Bestiality
Use of the Services to display or disseminate images classified under the law as child pornography, child erotica, and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any Customers and/or End Users who are using the Services in this manner and report them as required by law, without prior notice. Further information about child pornography may be found at http://www.ncmec.org
7. IP Addresses
We own the IP Addresses that may be assigned to you pursuant to your use of the Services. These IP Addresses may not be assigned or transferred, and are recycled upon the termination of the Services. We reserve the right to change these IP Addresses. We are required to comply with the relevant RIR policies and procedures regarding IP Addresses.
8. Actions Upon AUP Violations
Your violation of any of the terms within this AUP may result in immediate suspension or termination of your account, without notice. We are the sole arbiter of what constitutes a violation of this AUP.
Upon learning of an alleged violation, we shall initiate an investigation. During this time, it may be necessary to restrict your access to the Services to prevent further potentially unauthorized activity. If such a violation could constitute a criminal offense, we may notify the appropriate law enforcement authorities.
Under no circumstances shall we issue credits for suspension of your Service because of an AUP violation. You agree to hold Kydma harmless from any claims that a suspension or termination of Services, for this reason, has damaged an End User.
9. Other Abuse
The use, and misuse, of our Services change over time. If we determine that your use of our Services negatively impacts our ability to provide Services to other Customers, may subject us to liability, indicates your unfamiliarity with your use of the Services, or if you abuse our support staff, we may terminate your account.
Use our support tickets system to contact us.
Updated on 24Th of January 2023.
All Rights Reserved.