Terms and Conditions
An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network,
system or a website owner that define and restrict the ways in which the network, system or
website may be utilized.
The AUP of Web Server is aimed at explicitly outlining the purposes for which customers
CANNOT use our SEMI-DEDICATED hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is accepted as part of the Semi-Dedicated Terms of Service
each customer agrees to abide by when signing up for a Semi-Dedicated server account with our
hosting services. Any violation of these AUP terms will be considered as violation of our
Semi-Dedicated Terms of Service.
We - Web Server, shall be the final part to determine whether an act constitutes a violation
of this AUP and misuse of our services. We reserve our right to respond accordingly and/or
immediately terminate the provision of the services, shall we become aware, and/or have
sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action
threatening the secure environment of our Semi-Dedicated hosting customers and/or network
of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.
In order to protect our company's reputation and responsibilities, and guarantee robust
and reliable Semi-Dedicated hosting services to all our customers, as well as the privacy
and security of all our individual users, we - Web Server - hereby state the following
AUP conditions to come into force for each user signing up for a Semi-Dedicated server
account with our hosting services:
- System Abuse
- Email Policies
- Inappropriate or Unlawful Content
- Corrective Actions
- Reporting Violations
Any Semi-Dedicated hosting customer in violation of our system or network security will be
subject to criminal and civil liability, as well as immediate account termination. Examples
include, but are not limited to the following:
Unauthorized access, use, probe, or scan of our system's security,
authentication measures, data or traffic. Interference with the service to
any user, host or network including, but not limited to: e-mail bombing,
flooding, deliberate attempts to overload the system and broadcast attacks,
forging of any TCP/IP packet header or any part of the header information in
an e-mail or newsgroup posting.
Any attempt at doing harm to a server or a customer of Web Server services:
Web Server will immediately and resolutely react to any attempt at
misuse of an Internet account or computer, or any attempt to gain access to
an internet account or computer by a Web Server Semi-Dedicated hosting customer
unauthorized by the account/computer owner. Such attempts include, but are
not limited to the following: -Internet scamming' (tricking other people into
releasing their passwords, etc.), password robbery, security hole scanning,
running proxy - proxy lists and any kind of proxy scripts (including, but not
limited to php proxy and nph proxy), introducing of any computer programs (viruses,
Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots,
etc.) that are intended to negatively interfere with, intercept, irreversibly damage
or take hold of any system, data or personal information. It WILL NOT matter
whether the attacked account or computer belongs or not to Web Server services.
The fraud will be subject to actions based on the very nature of the attack
and those may represent a warning, an account suspension or cancellation,
and/or civil or criminal legal actions.
Background operations/programs on servers:
-Background process' is a program that runs in the background of the operating system.
What is specific for a background process is that, once started, it runs simultaneously
with other foreground processes. This means that, the shell executing the background operation
does not wait for it to finish or terminate, as it does with foreground processes,
but is free to start executing more operations along with the background one. Typical
background processes are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our Semi-Dedicated servers, as they
usually lead to CPU overload and can be used for malicious and/or illegal actions. As
our primary task is to provide highest quality web hosting service to all our customers,
we cannot permit any background processes to be executed and threaten the performance of
our server network.
Excessive use of system resources:
In order to ensure higher server performance and quality of the Semi-Dedicated
server hosting service, all Semi-Dedicated server accounts are subject to certain
resource limitations concerning, but not limited to, server CPU usage, database
usage, etc. If a hosting account exceeds the allowed amount of system resources,
the account owner will be immediately notified to take actions in order to decrease
the usage. If such action is not instantly taken by the owner, the account will be
suspended. When an excessive CPU usage is detected the account owner may be also
suggested to place an order for a CPU upgrade or a higher-resources Semi-Dedicated,
VPS or Dedicated hosting package.
If any Semi-Dedicated server hosting account is found to be causing degradation
of the server and/or our hosting network's performance, regardless of the reason,
the account will be subject to suspension or immediate removal, depending on the
situation. Web Server will be the sole arbiter in determining whether a given
account is excessively using the server resources and/or causing server degradation.
SPAMMING IS PROHIBITED. Users MAY NOT utilize our Semi-Dedicated server hosting
services to transmit, distribute or deliver any unsolicited bulk or commercial
messages over the Internet (an action known as "spam" or "spamming").
Spamming is a violation of ethic norms and will be interpreted as an infringement.
Web Server will not tolerate the sending of unsolicited bulk or commercial messages
through our Semi-Dedicated server server hosting services, as well as through another
service that is mentioning, in some way, our customer's domain name or implies the
utilization of our server network or our e-mail services for sending the unsolicited
bulk or messages.
SPAMVERTISING IS PROHIBITED. -Spamvertizing' refers to the practice of sending
unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting
a domain hosted on our servers, this will lead to immediate account suspension unless
an evidence of legitimacy for non-involvement of the domain owner in the particular
illegal action is provided.
'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3td party)
e-mail address and other parts of the e-mail header are changed so as to appear that
the e-mail has been sent from a different source (e-mail address owner/server).
newsgroup, or is sent to a recipient without their explicit permission. We, at our
sole discretion, shall determine whether any of the messages you are sending is spam
or spamvertizing. For your information, spamming generally includes, but is not
limited to the following
Sending of unsolicited messages in bulk, or sending of unsolicited e-mails,
which provoke complaints from recipients;
Sending of junk mail;
Use of distribution lists that include people who have not given prior explicit
permission to be involved in such a distribution process;
Posting commercial ads to USENET newsgroups that do not permit it;
Posting articles containing binary encoded data to non-binary newsgroups;
Excessive and repeated posting of off-topic messages to newsgroups;
Excessive and repeated cross-posting;
E-mail harassment of another Internet Customer or Customers, including but not limited to,
transmitting of any threatening, libellous or obscene material, or material of any
nature that may be deemed offensive;
E-mailing of age-inappropriate communications or content to anyone under the age of 18.
BLOCK REMOVAL: If Customer actions have caused Company mail servers or Company IP
address ranges to be placed on black hole lists and other mail filtering software
systems used by companies on the Internet, the Customer will incur a $100 charge to the
Customer's account and $100 per hour for administrative charges incurred to remove and
protect mail servers and IP ranges.
Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass
email (spam) sent from a third-party network is prohibited.
Header Forgery: Forgery of email headers ('spoofing') is prohibited.
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or
installation of proxy mailing software is prohibited.
Relaying. Configuration of a mail server to accept and process third-party messages
for sending without user identification and authentication is prohibited.
MASS MAILINGS: Sending mass unsolicited email is considered spam. Unsolicited email is
defined as email sent to a recipient who has not double-opted in to mailings from the Customer.
Senders of mass mailings must maintain complete and accurate records of all opt-ins, including
the email and its headers if applicable, and provide such records to the Company upon request.
If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of
the mailing are considered proof they did not subscribe and the mailing is unsolicited.
MAILING LISTS: Company's mass mailing rules also apply to mailing lists, list servs, or mailing
services contracted for by the Customer. The policy is stated as follows: An acceptable mailing
list will be focused at a targeted audience that has voluntarily signed up for e-mail information
using a double opt-in process or that has made their e-mail address available to the Customer for
distribution of information. The list must also allow for automatic removal by all end Customers
with non-distribution in the future
INAPPROPRIATE OR UNLAWFUL CONTENT
CONTENT published or transmitted via Web Server's Semi-Dedicated hosting services includes
website content, email content, forum/blog postings, chat content, and/or any other type of
content hosted on our servers, published online or transmitted through our Semi-Dedicated server
The user of our Semi-Dedicated server hosting services is NOT permitted to post online content
or have links to content that:
is defamatory, abusive or obscene, violates a person's reputation/privacy, is reasonably
deemed offensive by the web community, is anti-religious or anti-human rights, or contains
any type of threatening or hate speech, encourages harassment or physical harm to any group
or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or
retaliation against Web Server by offended viewers;
promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.)
or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws
and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
represents pornography - any type of pornographic/adult material, including child pornography,
or advertisements of pornographic websites;
represents infringement on copyright, patents, trademarks, trade secrets, or third party's
intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking
software, warez or any type of software/content (including also ROMs, ROM Emulators, media files -
MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance
with its license agreement or is NOT freely available for distribution.
Copyrighted material must not be placed on customers' Semi-Dedicated accounts without
the explicit permission of the copyright owner or a person specifically authorized to give
such permission by the copyright owner. Upon receipt of a claim for copyright infringement,
or a notice of such violation, we will immediately run full investigation and, upon confirmation,
will promptly remove the infringing material from the services. Further procedures (in accordance
with our stated below corrective measures) will be carried out if necessary. We will assume no
liability to any customer of the Semi-Dedicated hosting services for the removal of any such material.
We reserve our right to be the sole arbiter in determining the seriousness of each infringement
of this AUP and to immediately take corrective actions.
We will disable the customer's Semi-Dedicated hosting account if we deem necessary, at
our sole discretion. Upon closing of the customer's account we will send an e-mail notification
to the customer, stating the reason for the termination and quoting our terms' chapter that has been
violated. The customer will be given an opportunity to respond and take measures to remedy the situation
should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may
re-activate the customer's Semi-Dedicated account, if we find, at our own discretion, sufficient evidence
pro customer's side.
Closed Semi-Dedicated accounts due to repeated violations will not be re-activated. A backup may
be requested, however it will be subject to certain penalty fees imposed according to the breach
of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
If you need to report a violation of this AUP agreement or believe that you or your system has been
subject to attack originating from our hosting network, please contact us immediately. Our team will
fully investigate the situation and provide you with professional assistance.
We reserve our right to change this AUP at any time, without prior notice. We encourage our
Semi-Dedicated hosting users to periodically review this Acceptable Use Policy and our Semi-Dedicated
Terms of Service.