The following Acceptable Use Policy ("AUP") supplements and is subject to Kwikaweb's Terms and Conditions, which are incorporated herein by reference. Capitalized terms used but not defined herein shall have the meanings set forth in the Terms and Conditions. In the event of a conflict between this AUP and the Terms and Conditions, this AUP shall control. By using Kwikaweb's services, you acknowledge that you have read and agree to this AUP.
Kwikaweb does not monitor any content that is submitted to, stored on, or distributed or disseminated by you via our products or your website(s), your customers, and/or your users (collectively, "Customer Content"). By posting or publishing Customer Content to the website(s) or through our products, you represent and warrant to Kwikaweb that:
- You have all necessary rights to distribute Customer Content.
- Customer Content does not violate the rights of any third parties.
The websites and products may only be used for lawful purposes under this AUP and the Terms and Conditions.
Prohibited Uses
You are prohibited from using the websites or products:
- In any manner that violates any applicable policy maintained by Kwikaweb, including the Terms and Conditions or Privacy Policy.
- In any manner that violates any federal, state, international, or local law or regulation.
- In a manner that interferes with Kwikaweb’s activities or business, interferes with Kwikaweb’s delivery of products, or harms any of Kwikaweb’s customers, affiliates, directors, officers, employees, partners, brands, or products.
- To threaten, bypass, or destroy any security mechanism used with or incorporated in the websites or products.
- To disparage, denigrate, insult, or otherwise make pejorative statements about Kwikaweb and/or any of its affiliates, directors, officers, employees, partners, brands, or products.
- To transmit any content or information that is harassing, offensive, sexual in nature, rude, lewd, pornographic, related to nudity, adult content, defamatory, libelous, harassing, racist, obscene, vulgar, profane, indecent, tortious, abusive, illegal, prejudiced, discriminatory, or otherwise inappropriate or objectionable.
- To transmit any marketing, advertising, or promotional materials, including without limitation any "spam," "junk mail," or other deceptive or unsolicited bulk or commercial email.
- To harm, or attempt to harm, minors in any way.
- To engage in disruptive activity online.
- To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of a product and/or the websites' functionality.
- To impersonate Kwikaweb (including any Kwikaweb personnel), any user of the websites and/or products, or any other person or entity.
- To transmit any content, data, or material that infringes upon the intellectual property rights or other personal rights (including privacy) of any third parties.
- To use the products and/or websites in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email.
- To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs.
- To use the websites or products to collect information about other users, including telephone numbers or email addresses, without such individual's prior explicit consent or otherwise under false pretenses of any kind.
- To impersonate any other person or entity or falsely represent a professional or other affiliation with any person or entity.
- To use the products or websites to record or monitor a telephone call, virtual communication, or any other communication without first obtaining express consent from the participants per applicable law.
- In any manner that can reasonably be considered contrary to Kwikaweb’s goodwill, public image, and overall reputation.
- To express or imply that any user's statements, activities, or causes are endorsed by Kwikaweb.
- To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent.
- To divulge any of Kwikaweb’s (or any of its affiliates') proprietary information.
- In any manner that promotes any illegal activity.
- To knowingly receive, use, re-use, upload, post, transmit, or download any material which contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable; promotes pornographic, adult, or other sexually explicit material, discrimination, or violence based on race, religion, nationality, sex, gender, disability, age, or sexual orientation; is likely to deceive any person acting reasonably under the circumstances; impersonates any person; or involves commercial activities or sales of illegal materials.
- To post and/or store material that promotes, incites, or facilitates acts of violence, hate speech, and/or terrorism.
- To use or implement cryptocurrency mining, cryptominting, render farming, committing or promoting any type of illegal activity including, but not limited to, fraud, mail bombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez,” “hacking”/“cracking”/“key generators,” gambling, obscene material or be used in the traffic of illegal materials.
- To use or post image hosting scripts that allow an anonymous user to upload an image for display on another website.
- To use or post banner advertisement services for display on other websites or devices (commercial banner ad rotation).
- To use or post dump or mirror scripts that allow an anonymous user to upload a file for others to download.
- To use or post commercial audio streaming.
- To use or post push button mail scripts that allow the user to specify recipient email addresses.
- To use or post anonymous or bulk SMS gateways.
- To backup content from another computer, device, or website.
- To use or post BitTorrent trackers.
- To use or post any script or application that causes a degradation in the performance of Kwikaweb’s server or network environments.
- To use or post ad-servers, attempts to circumvent quota systems owned by “nobody,” certain podcasting sites, use of torrent software, proxies, excessive resource usage or “core dumping,” attempting to circumvent any of Kwikaweb’s or other sites’ security policies, procedures, or systems.
Customer Responsibility and Liability
You understand and agree that Kwikaweb, in its sole and absolute discretion, determines whether any information transmitted or received violates this AUP. You also agree to indemnify and hold Kwikaweb and its employees, officers, directors, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by a third party arising from your breach of this AUP.
You shall be solely responsible and will be held liable and shall indemnify Kwikaweb and its employees, officers, directors, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by a third party arising from any and all Customer Content that is submitted through your account.
You shall be solely responsible and will be held liable and shall indemnify Kwikaweb and its employees, officers, directors, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by a third party arising from the incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on the websites, through the products, or on Kwikaweb’s network, or denial of service, deliberate or not, caused by forging address resolution protocol queries or replies or by configuring internet protocol addresses into your hardware or software which were not assigned to your account. The foregoing actions may result in disconnection of the products and suspension or termination of your account, as determined by Kwikaweb. Any loss of functionality of your account related to the foregoing actions will be and remain your sole responsibility.
While Kwikaweb does not monitor your or a third-party’s use of the websites and/or products to confirm compliance with the terms of this AUP and any other applicable Kwikaweb policy, if Kwikaweb obtains any information of your violation of this AUP, as determined in Kwikaweb’s sole discretion, Kwikaweb maintains the absolute right to delete any material (including Customer Content) Kwikaweb deems illegal, inappropriate, or violative of any Kwikaweb or applicable third-party policy, including this AUP. If Kwikaweb discovers a violation, it will take whatever action it deems reasonably necessary or appropriate to address such behavior, which may include (but is not limited to) disclosing your personal information to third parties or law enforcement or suspending and/or terminating the products and/or your access to the products and websites. You hereby waive and hold harmless Kwikaweb, along with Kwikaweb’s employees, officers, directors, affiliates, licensees, and service providers, from any and all claims resulting from, or arising directly or indirectly out of, any action taken by any of the foregoing parties in connection with investigations by either Kwikaweb or law enforcement authorities. In the event Kwikaweb takes corrective action due to a violation of this AUP, Kwikaweb shall not refund to you any fees paid in advance of such corrective action. You hereby agree that Kwikaweb shall have no liability to you or any of your customers due to any corrective action that Kwikaweb may take hereunder.
Kwikaweb requests that any person or entity who believes that a violation of this AUP or any other Kwikaweb policy has occurred may report the alleged violation(s) to Kwikaweb. Such a report can be made by contacting us or sending an email to abuse@kwikaweb.com.
Note that this acceptable use policy is subject to change at any time.
