Acceptable Use Policies
By applying for an account with Communiqué Kaleidoscope, Inc., you agree to the following policies and procedures, collectively our "Terms of Service" agreement.
Communiqué Kaleidoscope, Inc.'s hosting services may only be used for lawful purposes. Transmission of any material in violation of any International, Country, State, Provincial, or Local regulation(s) is prohibited. This includes but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The client specifically agrees to indemnify and hold Communiqué Kaleidoscope, Inc. harlmess from any claims resulting from a breach of these Terms of Service, and/or their use of the service which damages another.
Communiqué Kaleidoscope, Inc. reserves the right to refuse service, or cancel existing accounts without reason or warning. In the event of non-payment, breach of this agreement, or for any other reason within the sole discretion of Communiqué Kaleidoscope, Inc., Communiqué Kaleidoscope, Inc. shall have the right to immediately, without need for advanced notice, terminate the client's hosting account by refunding the remaining payment balance, minus one week, except for blatant violations of these Terms of Service, which will result in forfeiture of all monies paid.
Communiqué Kaleidoscope, Inc. reserves the right to change fees, surcharges, or institute new fees at any time. Clients who have already paid for their hosting will not be affected by changes in fees for the remainder of their pre-pay period. At it's sole discretion, Communiqué Kaleidoscope, Inc. may choose to "grandfather" existing accounts into older pricing structures for a period of time. Under no circumstances should such "grandfathering" be interpreted as a waiver of Communiqué Kaleidoscope, Inc.'s rights or responsibilities hereunder.
Communiqué Kaleidoscope, Inc. is not responsible for lost revenue, traffic, or other incidental costs that may be caused by server or network down time. Under no circumstances shall Communiqué Kaleidoscope, Inc. be responsible for more than the total amount paid by any single client within any given month.
Customers of Communiqué Kaleidoscope, Inc. are forbidden to partake in an "abusive practice". The following is a list of current abusive practices:
- Sending "bulk e-mail" (SPAM, UCE) with your account.
- Posting adult-oriented materials on your web site.
- Uploading, posting, or reproducing in any way materials protected by copyright without the permission of the copyright holder.
- Using your account to provide counter or other cgi related services to large quantities of people on the web prior to approval of Communiqué Kaleidoscope, Inc.
- Allowing usage of Communiqué Kaleidoscope, Inc.'s resources for accounts hosted on other servers. A web site not hosted with Communiqué Kaleidoscope, Inc. could not use its account to reference graphics, midi, cgi, etc. from our server.
- Posting any Warez-related material (pirated software, software evaluation cracks, etc.) on your web site.
Participating in an abusive practice will lead to an immediate account termination without prior notice or refund on any pre-payment, and if the violation of Communiqué Kaleidoscope, Inc.'s Terms of Service is blatant and intentional, Communiqué Kaleidoscope, Inc. may, at it's sole discretion, bill your account for all bandwidth and system resources used by the offending site, at a rate of $20 per GB of bandwidth plus $100 per each 25% of the system CPU cycles utilized by your offending script or services, with a maximum charge of $1,000 per violation. Communiqué Kaleidoscope, Inc. reserves the right to add to or modify the list of abusive practices at any time.
Note: We believe in freedom of speech and expression, however, we will not risk a law suit or bad publicity for our company by hosting any "questionable material". Examples include but are not limited to:
- Any site bashing, putting down, etc. another cultural, religious, or ethnic group.
- Any site advocating illegal activities.
- Certain radical or cult style groups.
- Any site specifically slandering another person or organization
- Any other questionable material, as determined by Communiqué Kaleidoscope, Inc.