General conditions

If you use hosting services offered by Kinamo NV/SA you are subject to the following terms of use.

Kinamo reserves the right to change these terms of use at any time without prior notice.

The purpose of these terms of use is to guarantee a quality service for Kinamo customers in order to ensure the permanent reachability and availability of the network and a protection against illegal and irresponsible activities. These terms of use are applicable to the Kinamo Customer, the employees of that customer, agents and others using the services of Kinamo through the customer.

Illegal Activities & Warez.

Under no circumstances may the Kinamo network and leased infrastructure be used to store or distribute illegal software.
It is strictly prohibited to distribute illegal software through any hosting service offered by Kinamo.
Should Kinamo ascertain such practices it will proceed to immediately discontinue the service in question and immediately notify the legal authorities.

Copyrighted material

Distributing, making available and offering copyrighted material as there are video images, music, texts, visual material etc. without prior authorization from the author via the Kinamo infrastructure is also considered an illegal activity.

X-rated content

The offering of sexually oriented content prohibited by Belgian law will in no case be accepted by Kinamo. If a violation of this directive is established, the customer's access to this data will be blocked immediately and the competent judicial authorities will be notified.

SPAM & UCE (Unsolicited Commerce Email).

Spamming and sending mass e-mail via a Kinamo server or e-mail address managed via a Kinamo server is strictly prohibited.
Customers are also punishable if mass e-mails are sent via an external server but these e-mails contain links to content made available on Kinamo servers.
Upon detection of activities in violation of our SPAM guidelines Kinamo shall be forced to immediately close the account in question with subsequent prosecution.

General prohibited activities

By generally prohibited activities Kinamo means activities related to misuse of the offered infrastructure or misuse of the offered infrastructure to cause harm to others.
It is strictly prohibited to:

1. Using the Kinamo servers for distribution of software with the sole purpose of causing damage to third parties including viruses, trojan horses, programming code with the purpose of deleting data, damaging or destroying hardware or damaging offered services.
2. Use IRC bots, IRC and chat rooms on the Kinamo network unless specifically permitted by Kinamo itself.
3. Launch denial-of-service attacks on Kinamo servers or use Kinamo servers to launch DoS attacks on other servers.
4. Offer software, scripts or other content that result in such high consumption of system resources, including (but not limited to) CPU usage, memory usage, network resources. Upon such determination, the option will be offered to either pay additional fees based on the services consumed; or reduce the consumption to an acceptable standard or switch to a modified hosting plan. If the offered alternatives are not taken up, the hosting account in question will be closed immediately without prior notice. Kinamo determines at its own discretion what constitutes high consumption of server resources.
5. Launching port scans on the Kinamo servers unless explicit permission is given by Kinamo, e.g. in the context of a security audit of a server.
6. Use the services to create e-mail address lists for the sole purpose of sending mass e-mails.
7. Use the services to harm Kinamo's public image and reputation by sending or distributing sexually explicit, hateful, vulgar, racially tinged, ethnically irresponsible or other material falling under this heading.

Violations

Determined violations may be sent by e-mail to abuse@kinamo.be. Mention of the domain name involved (e.g. domain.be) and the nature of the violation (e.g. SPAM, illegal activities, ... ) should be mentioned in the subject of the message.

Handling of detected violations

Kinamo will notify the customer concerned when a violation of the topics listed above is detected and, depending on the nature of the detected violation, proceed with one of the following actions:

1. Temporarily discontinue services to the affected customer;
2. Terminate and discontinue services to the affected customer indefinitely;
3. Submit additional charges or penalties to the customer according to the sales contract entered into;
4. Delete the relevant content;
5. Initiate other steps following this document, the sales contract or applicable legal provision.