To use UKION products and services, you must comply with the provisions of this Acceptable Use Policy (AUP) at all times.

Please note that in this AUP, "we"/"us"/"our" means UKION Ltd. registered company in Macedonia no: 6475191, (Address: UKION Ltd. Jane Sandanski 115, 6000 Ohrid, Macedonia) and "you"/"your" denotes you the customer.

General Information

This AUP applies to every UKION product and service and your use of them. For some products and services there are particular points to which you must conform when you are using that product or service. Appendices A through C of this document give further guidance as to how this AUP is applied to specific Products and services.

It is your responsibility to ensure your compliance with all applicable provisions of this AUP. If you have any comments or queries, or there is any provision that you do not understand, please feel free to email any enquiry to abuse@ukion.com

• You must not use your UKION product/service for any illegal purpose.
• Your traffic over the Internet may traverse other networks, or use other services which are not owned or operated by UKION. You must abide by the acceptable use policies and other terms and conditions imposed by the operators of those networks and services.
• UKION may, at its sole discretion, run manual or automatic systems to determine compliance with this AUP (e.g. scanning for open mail relays or smurf amplifiers).
• You are required to accept email addressed to "postmaster" at your address. For example, if you have the domain "example.com", then you should accept email addressed postmaster@example.com respectively. You will be deemed to have read any and all such postmaster-addressed email. UKION may take action on the basis of this assumption.
• Your usage of the Internet must conform to community standards.

It is not possible to codify exactly what constitutes "acceptable use" and "unacceptable use" or abuse of the Internet. These terms depend upon the many informal understandings which have arisen between the administrators, owners and operators of the computers and networks that together constitute the Internet, and of which UKION is only one participant among many.

However, UKION's relationship with other networks, and ultimately its connectivity to the rest of the Internet, depends largely upon proper behavior by its customers. UKION cannot tolerate any behavior by customers which negatively impacts upon its own equipment or network, or upon the use by other customers of the Internet, or which damages UKION's standing in the wider Internet community.

Therefore, it is important that when activity that might constitute abuse occurs, that UKION takes appropriate action - if it did not, and such abuse was permitted to continue, UKION would lose the confidence of the wider Internet community, which in turn would significantly impair UKION's customers freedom to use the Internet.

This AUP and its day-to-day application by UKION are a result of UKION's consideration of both the formal and informal practices of the Internet community. The Appendices to this AUP are intended to assist customers in understanding the types of issues that can arise and what UKION will consider to be unacceptable behavior that does not conform to community standards.

We will investigate suspected or alleged breaches of this AUP and in doing so we will endeavour to act reasonably and fairly at all times. If you are found to have breached this AUP or the Conditions of Use or Terms and Conditions that apply to your service, we reserve the right in our sole discretion to take whatever measures we deem appropriate and proportionate to the breach. These measures may include a formal warning, suspending or terminating one or more of your accounts, making an additional charge for our reasonable costs of investigating and dealing with the misuse, and/or blocking access to any relevant component(s) of our service to you. If we suspend your access then this suspension may be lifted, at UKION's sole discretion, when the reason for suspension has been rectified and upon receipt of a formal written undertaking from you not to commit any future "abuse". All cases are, however, considered individually upon their merits.

Without limitation, you expressly authorise us to use your personal data and other account information in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome. We have in place a procedure for handling your complaints about material stored and/or accessed via our service. If you wish to make such a complaint, please ensure that you make your complaint by email to abuse@ukion.com. If you do not use this facility we cannot guarantee that your complaint will be dealt with promptly.

The appendices refer in some cases to external web sites. UKION is not responsible for the content of these web sites. If you need any further information regarding this AUP, then please email abuse@ukion.com

Appendix A: General Internet Access

• Some material is illegal to possess or transmit. You should also be aware that unauthorized access to computer systems could be an offence. Although many machines are connected to the Internet for general access, it does not follow that you may access any computer system you come across.
• Whilst connected to the Internet your system must conform to all relevant IETF (Internet Engineering Task Force) standards.
• The IETF standards are a subset of the RFC (Request for Comments) collection and can be found at: www.rfc-editor.org
• You must not send information packets onto the Internet that have forged addresses or which are deliberately constructed so as to adversely affect remote machines.
• You may not run "scanning" software which accesses remote machines or networks, except with the explicit permission of the operators of those remote machines or networks.
• You must ensure that you do not further the sending of unsolicited bulk email or any other form of email or Usenet "abuse". This applies to both material that originates on your system and also third party material that may pass through it.
• Your machine or network must not be configured in such a way that others can exploit it to disrupt the Internet. This includes but is not limited to ensuring that your network cannot be exploited as a "smurf amplifier".
• You must not run an "open mail relay", that is, a machine which accepts mail from unauthorized or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine performs relay mail on an authorised basis, then it must record this mail passing through your system by means of an appropriate "Received:" line.
• As an exception to the ban on relaying, you may run an "anonymous" relay service provided that you monitor it in such a way as to detect unauthorized or excessive use. However, you may not relay traffic from such an anonymous system via UKION's servers, i.e.: you can only pass email from such a system to UKION where this is the correct destination for final delivery.

Appendix B: Email

There are many forms of email abuse. This appendix discusses the more common forms in an informal manner, but is by no means an exhaustive list It is usual to describe "abuse" as being abuse of Internet facilities, rather than vulgar abuse sent via the Internet. To qualify as "abuse", an act must significantly interfere with the use of the network by an individual or group of individuals in some specific way, for example by consuming resources or wasting others time. The term "abuse" also includes activities that are illegal or dishonest. Generalities aside, due to the practical problems caused by "spamming" UKION wishes to make it clear that it considers the sending of bulk unsolicited email, of any kind, to be unacceptable behavior UKION will always act when such behavior is brought to its notice. Education, in the form of an email warning, can be the most appropriate response to a first offence, since customers can be unaware of contemporary standards. However, it is UKION’s policy to terminate the accounts of any customer who continues to send bulk unsolicited email.

Chain letters, "make money fast" and other
ponzi pyramid-selling schemes

These articles are similar to paper versions, where you add your name at the end of a list and send the message to lots of your friends. The person at the head of the list is typically sent some small amount of money and hopes to become rich. Simple mathematics shows why they do not work in theory, and a little thought about human nature will show you why they do not work in practice either. These schemes, even where they offer no financial or material reward are unacceptable abuse. They waste resources for Internet service providers and for the users who download them. If they do involve money they are also illegal in many countries - despite common claims to the contrary within their text.

Unsolicited Commercial Email (UCE)

Unsolicited Commercial Email is advertising material sent and received by email without the recipient either requesting such information or otherwise explicitly expressing an interest in the material advertised. Since many Internet users pay for their online data transfer and time, it costs them money to receive email. Receipt of unsolicited commercial advertising therefore costs them money and is often therefore particularly unwelcome. It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, or by visiting a web site, unless of course they have made a specific request for information to be emailed to them.

Unsolicited Bulk Email (UBE)

UBE is similar to the above UCE but is not attempting to sell anything. Forged Headers and / or Addresses Forging headers or messages means sending email such that its origin appears to be another user or machine, or a non-existent machine. It is also forgery to arrange for any replies to the email to be sent to some other user or machine. However, in either case, if prior permission has been granted to you by the other user or the administrators of the other machine, then there is no problem, and of course "null" reverse paths can be used as defined in the relevant email standards.

Mail Bombing

Mail bombing is the sending of multiple emails, or one large email, with the sole intent of annoying and / or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resource as well as serving no value to the recipient. Due to the time taken to download it, sending a long email to sites without prior agreement can amount to denial of service, or denial of access to email at the receiving site. Note that adding binary attachments to email may increase its size considerably. If prior arrangement has not been made, the email may be extremely unwelcome.

Denial of Service Attacks

Denial of Service is any activity designed to prevent a specific host on the Internet making full and effective use of its facilities. This includes, but is not limited to:

• Mail bombing an address in such a way to make their Internet access impossible, difficult, or costly.
• Opening an excessive number of email connections to the same host.
• Intentionally sending email designed to damage the receiver's systems when interpreted; for example, sending malicious programs or viruses attached to an email. sing a smarthost or email relay without authorisation to do so.

Mailing List Subscriptions

Mailing lists are schemes for distributing copies of the same email to many different people. It is not acceptable to subscribe anyone, other than a user on your own host, to any mailing list or similar service, unless their explicit permission has been given. List owners are encouraged to confirm all subscription requests by requesting confirmation from the apparent subscriber before starting to send any list email. They must ensure that unsubscribe requests are handled efficiently. Good emailing list software is available that will automate both these processes. Many reports of unsolicited bulk email turn out to be from people who were unaware that they had joined a mailing list. It is not acceptable to subscribe people to a list merely because they have visited your web site or used one of your products; the person must make an explicit request to be listed. However, some reports occur because people have genuinely forgotten that they had made such a request. If you run a mailing list you are strongly advised to keep copies of administrative requests (web logs, or emails including headers) so that you may demonstrate that subscription requests were genuine.

Illegal Content

Various Acts of Parliament make it illegal to possess or transmit certain material on a public telecommunications network, such as the telephone system. It is not acceptable to send such material by email.

Breach of Copyright or Intellectual Property

If you send copyright material or other intellectual property via email you must have permission to do so from the owner of that intellectual property.

Appendix C: Customers Websites

This Appendix is applicable to all services provided by UKION. There are some further Appendices applicable to particular services below. You are responsible in all respects for the content of your web site and must ensure that no applicable law is violated. You must obtain any necessary legal permission for any works that your web site may include. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your web site. UKION reserves the right to remove any material from a web site at our sole discretion, without prior notice and without explanation. A web site may not be used to offer, advertise or distribute any of the following types of material:

• software for sending 'spam' (bulk emails, excessive news postings, etc.);
• illegal material
• lists of email addresses, except where all the owners of the addresses have given you explicit permission
• any collection of personal data other than in accordance with the Data Protection Acts 1984 and 1998.

You must comply with the Data Protection Acts 1984 and 1998 (and any amendments or re-enactments of them) regarding all information received, stored or communicated through the use of your web site. If your web site contains material that may cause general offence, a clearly readable warning page must be shown before any such offensive material is displayed. To avoid doubt, this means that your top-level web page (usually index.htm; index.html or index.php) must not contain any adult material or other material that may generally offend. Where part of a web site forms an independent area that is not linked to by a topmost page, it will be considered as a site in its own right when considering whether appropriate warnings are present. Warnings are also required where the material is referenced directly from a web site, with no intervening pages, or where the use of frames makes the material appear to be part of a web site. All of the web pages on a web site are considered to be publicly visible and may be downloaded by any person, whether or not they are linked from any central contents or home page. However, specific mechanisms are available as part of some services to prevent unauthorized access. Pages protected in such a manner will not be considered to be public. Web sites may not be advertised by you, or by another person, using techniques that would be classified as "abuse" if they were carried out from a UKION account including, but not limited to, bulk emailing and excessive news posting. Such action will be treated under the UKION AUP as if it had been done from the UKION account. Web sites must display a valid, up-to-date email contact address for the person responsible for the site. The use of the generic address of "webmaster" is acceptable for this purpose. This address must appear on the top-level page or be easily locatable from the top-level page.

Revised: January 27, 2010

All accounts are bound by these Terms of Service

1. Any setup Fees are nonrefundable.
2. All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
3. If you cancel your service no refund will be paid for any unused month. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.
4. Money Back Guarantee - we offer a limited Money Back Guarantee to all new clients. If we have failed to provide 99.9% server and network availability during the first 30 days of a new account being online and the client requests a refund by e-mailing sales@ukion.com, we will refund the pro-rated difference of the client's hosting fees for the month. A month is defined as a 30 day period. For example if a customer cancels on the third day of service they would receive a 27 day pro-rated refund, or 90% of their payment. This refund will not include any setup fees or hourly support fees paid to us. In all other circumstances moneys paid to us are final and nonrefundable.
5. The use of any data or material, which Customer receives from the service provided by UKION, is at Customer's sole and absolute risk. UKION specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
6. UKION will utilize its best efforts to maintain acceptable performance of services, but UKION makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. UKION cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. UKION will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. UKION shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions.
7. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable solicitor's fees ('Liabilities') against UKION, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless UKION against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with UKION servers; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on UKION's Servers. As a result of this, Customer agrees that UKION shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions unless caused by the negligence of UKION. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate amount which Customer paid during the term of this Agreement.
8. This section defines the network and host server Service Level Agreement (SLA). To Customers in good financial standing with UKION we guarantee that our network is available 99.9% and their host server is available 99.9% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. The server is defined as the host hardware that houses the account. Downtime is measured from the moment the Customer notifies a UKION support representative of a failure to the time the Network or Server responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. In the event that there is no Web Site Availability, we will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:
   
   95% to 99% = 25%
   90% to 94.9% = 50%
   89.9% or below = 100%
   
   Credits shall not be provided to the Customer if network or server downtime is the result of: a) scheduled maintenance b) circumstances beyond UKION's reasonable control, including, but not limited to: DDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god or c) breaking this Agreement or UKION's Acceptable Use Policy.
9. The Customer may only use UKION services for lawful purposes. In the event that at any given time, UKION believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, UKION has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
   • Unauthorized distribution or copying copyrighted software, violation of EU export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
   • Unsolicited advertising via email and/or 'Spamming' is a violation of this agreement. Such prohibited conduct subjects Customer to immediate termination of service as provided herein and the termination of this agreement without notice. UKION reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
   • Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. UKION reserves the right to determine what is internet abuse.
   • Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
   • The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. UKION reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
   • IRC is specifically prohibited.

UKION will not be responsible for any damages your business may suffer. UKION makes no warranties of any kind, expressed or implied for services we provide. UKION disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by UKION and its employees. The services provided by UKION are provided AS-IS and without any warranty expressed or implied. UKION reserves the right to revise its policies at any time.

Acceptable Use Policy

UKION has formulated this Acceptable Use Policy in order to encourage the responsible use of UKION services by our customers and other users ('Users'), and to enable us to provide our Users with secure, reliable and productive services.

General Conduct

The UKION Network, including the websites hosted by UKION (collectively, the 'UKION Network'), may be used only for lawful purposes. Users may not use the UKION Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the UKION Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mailbombing' or 'crashing', (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. UKION will investigate occurrences which may involve such violations and may involve, and cooperate with, appropriate authorities in prosecuting Users who are involved in such violations.

E-Mail

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the UKION Network, including, without limitation, using an e-mail account on UKION Network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the UKION Network. In addition, Users may not use the UKION Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, 'mailbombing', (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.

Usenet

Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as 'Usenet spam'), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

Suspension / Termination

Any User which UKION determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at UKION discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided, however, that if UKION deems it necessary, it may immediately suspend or terminate such User's service without issuing such a warning. Users which UKION determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Responsibility

UKION takes no responsibility for any material input by others and not posted to the UKION Network by UKION. UKION is not responsible for the content of any other websites linked to the UKION Network; links are provided as Internet navigation tools only.

Privacy

Any User interacting with our site and providing UKION with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits UKION to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor's domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes. Any User who does not wish to receive further contacts from UKION should email support@ukion.com

Copyright Policy

UKION does not, and cannot, control what content is available to you using the UKION Network. UKION users decide what content to make available to others using the UKION Network and what content to download. Users are responsible for complying with all applicable laws applicable to such content, including copyright laws.

UKION respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your account with UKION, you agree that you will not use the UKION service to infringe the intellectual property rights of others in any way. UKION will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, UKION reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the UKION service, or if UKION believes that user conduct is harmful to the interests of UKION, its affiliates, or other users, or for any other reason in UKION sole discretion, with or without cause.

UKION does not sell, rent or otherwise disclose its mailing lists to third parties.

All IP assignments are subject to RIPE justification.

Revised: January 27, 2010

1.1 General

We reserve the right to change or modify this SLA, and will post changes or modifications thereto, on our website. Except as set forth in this SLA, we make no claims regarding the availability or performance of our network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed, and/or agreed to by client. In the case of different terms/points in SLA and Service Agreement, the Service Agreement terms/points shall prevail over this general SLA policy. The Service Agreement signed/agreed to by client, takes precedent over this SLA, and Service Agreement terms are in effect, and controlling over this SLA, including, but not limited to, it's limitations of liability.

1.2 Uptime Guarantee

We strive to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by our monitoring systems or authorized/contracted outside monitoring services (e.g. uppanel.com). If we fail to meet our 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. We do not credit a full month's service for minor downtime. This would not be financially viable for us, and in turn would only negatively affect the service level we provide to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, we may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

1.3 Exceptions

Our customers shall not receive any credits under this agreement in connection with any failure or deficiency of our network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc...), strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.

• Telco Failure (i.e. cutting a fiber line somewhere)
• Backbone peering point issues (PAIX)
• Scheduled maintenance for hardware/software upgrades
• DNS issues not within our direct control
• Client’s acts or omissions, including without limitation, any negligence, wilful misconduct, or use of our services in breach of our Policy and Service Guidelines (Acceptable Usage Policy), by Client or others authorized by Client.
• DDOs attacks or any IRC related attacks

1.4 Connectivity

Our goal is to make our network available to clients free of outages for 99.9% of the time. An "outage” is defined as an instance in which a client is unable to transmit and receive IP packets due to a service failure for more than 15 consecutive minutes, excluding service failures relating to our scheduled maintenance and upgrades. The UKION Network does not include client premises equipment or any Telco access facilities connecting client's premises to such infrastructure. Our goal is to keep Average Round-Trip Latency on our network to 95 milliseconds or less. We define “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between our network and major US backbone peering points during such month, as measured by us. Our goal is to keep Average Packet Loss on our network to 1% or less. We defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on our network during such month that are not successfully delivered, as measured by us.

1.5 Measurement

We will periodically (on average every 10 minutes) monitor our network and server availability using software and hardware components capable of measuring application traffic and responses. Clients acknowledge that that such measurements may not measure the exact path traversed by a client’s internet connection, and that such measurements constitute measurements across our network but not other networks to which a client may connect. We reserve the right to periodically change the measurement points and methodologies it uses without notice to clients. Full network and server reporting will be posted to a location designated by us and made available to clients.

1.6 Hardware Failure

Our web site stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. We utilize only name brand hardware of the highest quality and performance. We will replace all faulty hardware affecting performance levels of equipment as soon as possible, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will also be corrected as soon as possible. Router failure is an exception to this SLA guarantee, and may require on-site engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current contracts with external companies and backbone providers in regard to the emergency repair service in case of such an issue.

1.7 Credits

In the event that there is no Web Site Availability, we will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

Web Site Availability Credit
95% to 99% = 25%
90% to 94.9% = 50%
89.9% or below = 100%

In order for you to receive a credit on your account, you must request such credit within five (5) business days after you experienced no Web Site Availability. You must request credit by opening a ticket for the attention of our Billing department. For security, the body of this message must contain your account number/domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by us. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability.

2.0 Modification

We reserve the right to add, delete, or modify any provision of its Terms of Service Agreement, and Acceptable Usage Policy at any time without notice.

Revised: April 16, 2010