Acceptable Use Policy (AUP)
1. General Information
As a provider of Internet/World Wide Web access, website hosting, and other Internet-related services, is*hosting ("the Company") offers its customers, the means to acquire and disseminate a wealth of information. The Company respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, the Company reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, the Company has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing the Company's services. This AUP will be revised from time to time. A customer's use of the Company's services after changes to the AUP are posted on the Company's website will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that the Company cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because the Company cannot monitor or censor the Internet, and will not attempt to do so, the Company cannot accept any responsibility for injury to its users, customers, or subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When users, customers, or disseminate information through the Internet, they also must keep in mind that the Company does not review, edit, censor, or take responsibility for any information its users, customers, or subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over the Company's network and may reach a large number of people, including both customers and subscribers and non-subscribers of the Company, customers' and subscribers' postings to the Internet may affect other customers and subscribers and may harm the Company's goodwill, business reputation, and operations. For these reasons, customers and subscribers violate the Company policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in activities described herein.
2. Purpose
This AUP governs the usage of the Company's products and services (the "Services"). This AUP is incorporated by reference into each contract the Company enters into with a customer (each, a "Customer") for the use of such Services. The Company may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Company's Web site so that no person who utilizes the Company's Web site (regardless of whether that person is a Customer) may take any action utilizing the Company's Web site that a Customer would be prohibited to take utilizing the Services.
3. Prohibited Uses
Customers and Users may not:
- Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward the Company, but also because it can overload the Company's network and disrupt service to its Customers subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound email traffic is subject to review and possible action. When a complaint is received, the Company has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list, or whether the outbound email traffic generated from an account is suitable for a shared hosting environment.
- Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Customers and Users may not:
- Utilize the Services to copy material from third parties (including text, graphics, music, videos, or other copyrightable material) without proper authorization;
- Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks, or other intellectual property rights of any third party;
- Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
- Utilize the Services to export encryption software to points in violation of applicable export control laws;
- Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message;
- Utilize the Services in any manner that violates applicable law.
- Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Customers and Users may not:
Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent, or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law. - Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Customers and Users may not:
- Utilize the Services to cause denial of service attacks against the Company or other network hosts or Internet users or to otherwise degrade or impair the operation of the Company's servers and facilities or the servers and facilities of other network hosts or Internet users;
- Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth;
- Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the User's own account;
- Utilize the Services to subvert, or assist others in subverting, the security or integrity of any the Company systems, facilities, or equipment;
- Utilize the Services to gain unauthorized access to the computer networks of the Company or any other person;
- Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
- Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
- Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
- Utilize the Services to distribute, advertise, or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam;
- Utilize the Services to solicit or collect, or distribute, advertise, or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam;
- Utilize the Services in any manner that might subject the Company to unfavorable regulatory action, subject the Company to any liability for any reason, or adversely affect the Company's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by the Company in its sole discretion;
- While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with website/email hosting, including, without limitation, (A) directly opening any listening port, (B) starting any 'daemon' process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to 'torrent' clients and/or (H) exploiting web browser vulnerabilities, as determined by the Company in its sole discretion;
- Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of Company, including, but not limited to, telephone lines, email addresses, fax lines, bulletin boards, or contact/signup forms;
- Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons;
- Use the Services to host online pharmacies with illegal pharmaceuticals;
- Use the Services to post anonymous imageboards with offensive content and/or a lack of moderation;
- Only for VPS: Organization of public VPN/proxy services without agreement with the administration of the Company;
- Setting up and using proxy servers without authorization; TOR exit nodes;
- Only for VPS: cryptocurrency mining use the Services for placing replica sites/stores selling copies of watches, bags, clothes, etc. without prior approval from the administration;
- Proxy projects through our Servers/VPS;
- Use our Servers/VPS for Anti-DDoS protection of third-party projects (not hosted on our Servers/VPS) by proxying/tunneling traffic;
- Add and use IP addresses that do not belong to you. If such abuse is detected, we immediately block the server and impose a fine from $ 500 to $ 1000;
- Any activity that leads to the blocking of our IP and networks by mail services. Re-blocking fine from $ 50 to $ 250;
- Only for VPS: placement of traffic generating scripts, websites, and other resources (audio/video streaming, file storage, etc.);
- Only for VPS: create SWAP file for tariffs with SSD and NVMe drives;
- Only for VPS: Exceed the recommended maximum bandwidth load on a permanent basis;
- Only for VPS: any activities (proxying, tunneling, streaming, or any others) that create disproportionately high load on network resources or bandwidth.
IMPORTANT: In case of a violation of these rules, we reserve the right to suspend or terminate the provision of services without prior notice and/or refund.
3.1. SMTP ports blocking/unblocking
SMTP ports (25 etc.) are blocked by default for Linux Lite and Linux start plans due to security reasons. In order to unblock SMTP ports, you have to pass the KYC procedure and replenish your account balance with an amount equal to the payment for the service for a period of 3 months. This amount will be used as a security deposit and can be used for prolongation of your service.
3.2. Mass Mailing
The use of our services for any form of mass mailing is strictly prohibited. Should we receive any complaints related to mass mailing or detect such activity, your service will be immediately suspended without the possibility of a refund. If you require mass mailing solutions, we recommend utilizing third-party providers that specialize in this service.
3.3. Getting IP blacklisted
The penalty for getting our IP addresses blacklisted is $15 for each hit.
4. Bandwidth load
Despite the fact that we provide a port speed of 1Gbps and do not take into account traffic (unmetered), the service is not designed for continuous extremely high traffic usage.
4.1. Recommended average/constant load per bandwidth for VPS should not exceed:
For VPS with 1Gbps port:
- Tariff Lite: 10Mbps
- Tariff Start: 15Mbps
- Tariff Medium: 20Mbps
- Tariff Premium: 50Mbps
- Tariff Elite: 80Mbps
- Tariff Exclusive: 100Mbps
For VPS with a 1Gbps port in Singapore, Japan, Hong Kong, UAE, Australia, Turkey, Indonesia, Malaysia, Thailand, Brazil, Argentina, Mexico, Chile, Colombia, and Peru:
- Tariff Lite: 5Mbps, traffic limit 1000GB/month, overage cost $0.01 per 1GB
- Tariff Start: 10Mbps, traffic limit 2000GB/month, overage cost $0.01 per 1GB
- Tariff Medium: 15Mbps
- Tariff Premium: 20Mbps
- Tariff Elite: 30Mbps
- Tariff Exclusive: 50Mbps
If you need more bandwidth, you can add an additional 10Mbps for the following prices depending on the location:
- EU & USA - $2 per 10Mbps
- LATAM – $9 per 10Mbps or $80 per 100Mbps
- Australia - $25 per 10Mbps
- Asia - $15 per 10Mbps
- UAE - $40 per 10Mbps
- Turkey - $25 per 10Mbps
IMPORTANT: If a symmetrical load on the bandwidth is detected, both incoming and outgoing traffic will be taken into account.
We reserve the right to limit the bandwidth to the above values only in case of constant abuse or if the excess creates problems for other customers.
Example 1: Tariff Medium. Every day from 6 PM to 10 PM you have a maximum traffic peak on your site and the load on the bandwidth from standard 10Mbps increases to 40Mbps. No sanctions from our side will follow for such a temporary increase.
Example 2: Tariff Lite. Every day, for several days/weeks, we see a constant load on the bandwidth over 50Mbps. Depending on the total load on the head server bandwidth, we can decide on forced limiting up to 10Mbps.
4.2. The procedure for notification of the application of limits:
- If the situation is not critical, we create a notification and inform you about exceeding the maximum recommended load for your tariff plan and give 24 hours to solve the problem: reduce the load or switch to a tariff plan where the permissible load is higher. If there is no response, we set limits and inform you about this through tickets.
- In case the load of your VPS creates problems for other clients of the server, we urgently set limits and make a corresponding notification through the ticket system.
5. Violations
5.1. Disclaimer
The Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this AUP. The Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
5.2. Reporting Non-Copyright Violations
The Company encourages Users to report violations of this policy by e-mail, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
5.3. Remedies
If the Company learns of a violation of this AUP, the Company will respond to the applicable Customer and may, in The Company's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
- Warning the Customer; and/or
- Suspending the offending Customer from the Services; and/or
- Blocking Client’s Services; and/or
- Terminating the offending Customer from the Services; and/or
- Imposing fees or charges on the offending Customer account in accordance with the applicable service contract; and/or
- Removing the offending content; and/or
- Taking other action in accordance with this AUP, the applicable service contract, or applicable law.
5.4. Reservation of Rights
The Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving the Company's Services, Customers, and other Users. The Company reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. The Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions, and otherwise to enforce this AUP, and each Customer agrees that the Company is authorized to monitor its communications through the Company's network for such purposes.
6. Responsibilities
Users and Customers are obligated to review this Acceptable Use Policy (‘AUP’). If a user or client has not reviewed this document, it does not exempt them from responsibility and consequences of violations.