Legal – acceptable use policy

Written on March 17, 2016. Updated on: November 21, 2017

Introduction

Using our Hosting Services requires common sense, and you agree not to use the Hosting Services in ways that violate the law, harm other people or our network, or breach Internet community standards, and you may not use the Hosting Services to enable others to do those things.  We have set out specific prohibited activities in this Acceptable Use Policy (“Policy”).  However, because the nature of what is an acceptable use of the Internet is constantly evolving, we reserve the right to make changes to the Policy at any time.

We agree to provide you with notice of material changes, and if they have a negative material effect on your ability to use the Services you may give notice to terminate your agreement with us without any additional Fees. You agree to incorporate the Policy, or restrictions no less protective of our interests, into your contract with your end users.

We fully reserve the right to monitor (but do not guarantee to do so) all electronically-mediated communications. Reasons for such monitoring may include the need to:

  • ensure operational effectiveness of services,
  • prevent a breach of the law and/or of this Policy,
  • investigate a suspected breach of the law, this Policy,
  • monitor standards generally.

Laws and harmful content

You may not use the Services to violate any law, code or regulation.  In particular, you may not violate laws prohibiting:  copyright, patent, trademark or trade secret infringement, misuse or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts, illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks.

Further, you may not use the Services in connection with any content that we reasonably believe:  promotes, incites or threatens violence; contains harassing content or hate speech; is defamatory or violates a person’s privacy; infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking; or, is likely to result in retaliation against Kinsta’s system, network or employees, including behavior that results in a server being the target of a denial of service attack, or that contains any viruses or similar harmful or potentially harmful programs or  spyware, adware or any other similar computer code designed to affect adversely the operation of any computer software or hardware.

The user must comply with all relevant legislation and legal precedent, including, without limitation, the provisions of the following Acts of Parliament, or any re-enactment thereof:

Spam

If you use the Services to transmit email, you must do so responsibly.  Sending or promoting SPAM using the Services is prohibited.

Overburdening resources and overuse

You may not overburden the Services.  You may not place excessive burdens on our, or the providers of Third Party Services’, CPUs, servers or other resources or interfere with the services we provide to other customers.   You may not use excessive bandwidth or data transfer.  If your Services are unmetered, and your use of them exceeds the use of the Services by similarly situated customers, we may offer to move you to a metered plan.

If you refuse to move to a metered plan, we may place restrictions on your use of the Services until your use corresponds with that of similarly situated customers.  If the Order sets out an amount of data transfer or number of visitors, you agree not to exceed this amount.  If you do, and we choose not to limit your use of the Services, your data transfer or visitors over the contracted amount will be billed at our then-current rate.

If your plan sets out an amount of data transfer or number of visitors, you agree not to exceed this amount.  If you do, and we choose not to limit your use of the Services, your data transfer or visitors over the contracted amount will be billed for the overage.

You can read about how Kinsta counts visitors on the following link: https://kinsta.com/knowledgebase/visitor-counts/.

Internet relay chat and videos

You may not use, or provide, open proxies or Internet Relay Chat. Additionally, you may not use the Services for video streaming.

Breach

If you are in breach or we reasonably suspect that you are in breach of any of this Policy we reserve the right to prevent access to our Services on a temporary or permanent basis at our discretion, to remove any harmful content or other content that we consider in our discretion is contrary to this Policy and to take whatever other legal and/or practical measures that we consider are appropriate.  We also exclude any liability for any breaches of this Policy and shall hold you fully liable for any damages and/or costs that we may suffer as a result of such breach.