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ACCEPTABLE USE POLICY (AUP)
In order to provide a professional
service, we have set up a few guidelines for users of our service. Some
of these guidelines may seem strict, but they ensure a safe, functional,
and trusted environment for all our customers to publish their
information on the Web.
Many of our competitors do not require
their customers to comply with these guidelines. If any of our potential
customers are unwilling or unable to comply with these guidelines, we
respectfully invite them to visit one of our competitors.
Use of our service
Whether directly or indirectly
using our services, it constitutes your acceptance of these terms and
agreement to abide by them. We reserve the right to amend or adjust
these terms at any time, though we'll do our best to notify you in
advance. Your continued use of our services constitutes your acceptance
of any changes we make.
You are solely and fully responsible for
the contents of your account. Any and all repercussions will be borne
solely by you as the account holder.
And whilst we don't want to
make a whole pile of rules, in essence if you obey the laws of the
country or state in which your VPS is located we shouldn't have any
problems. However, there are certain things we will not tolerate and
these need to be spelt out in plain English.
Things we
will not tolerate
You may not publish/host any material that
is grossly offensive, including , exploitation of children, blatant
expressions of bigotry, hatred, harassment, defamation, or invasion of
privacy.
Obscene publications including but not limited to Child
Pornogaphry, Beastality, golden/scat (NZ), abduction/rape/snuff films.
Hacking, cracking, piracy, phreaking, phishing, scamming, warez,
pyrotechnics, exploitive software or text that educates or encourages
this activity and/or use.
Anything Tor related, for example: Tor
hidden servers, exit nodes, relays, directories.
You may not
store or index any material that violates or infringes on the copyright,
intellectual property rights or trademark rights of any individual or
organization, this includes housing a seed box for torrenting infringing
content or any hosting of ROMs or Emulators.
IRC clients are OK.
If you attract attention to yourself by spamming or getting DDoS'd your
service will be terminated immediately. If we find that your VPS server
is being used to direct/control any botnet, malicious content or traffic
it will also be terminated immediately.
You are solely and fully
responsible for the contents of your account. Any and all repercussions
will be borne solely by you as the account holder.
Denial
of Service (DoS/DDoS)
Any activity to implement or assist in the
implementation of Denial of Service attack: Visual Web absolutely
prohibits the use of Services for the origination, propagation or
control of Denial of Service attacks ("DoS") or Distributed Denial of
Service attacks ("DDoS"). Customers may not utilize the Services to
perform DoS or DDoS mitigation activities (such as service proxying or
data scrubbing) which may result in attracting inbound denial of service
attacks toward the Services. Any relation to DoS or DDoS type activity
is a direct violation of Visual Web's AUP.
Visual Web will:
Suspend any service
participating in DoS/DDoS
attack until resolving the
issue.
Suspend any
service under DoS/DDoS
attack until resolving the
issue.
Not unsuspend
any service under DoS/DDoS
attack until our technical
team made sure that the
issue has been resolved and
the Customer has no right to
prompt on that.
Additionally, concerning servers in locations Saudi Arabia and Malaysia:
Visual Web will also terminate any service if the DoS/DDoS attack has been repeated for
a second time.
Server Abuse
Any attempts to undermine or cause harm to a Visual Web server or a
subscriber of Visual Web is strictly prohibited including, but not
limited to:
Logging into a server or account that you are not
authorized to access.
Accessing data or taking any action to
obtain services or information not intended for you or your use without
the consent of the owner.
Tampering, hacking, modifying, or
otherwise corrupting or breaching security or authentication measures
without proper authorization.
Transmitting material that contains
viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines with the intent or effect of damaging,
destroying, disrupting or otherwise impairing a computer’s functionality
or the operation of the Visual Web’s systems.
Monitoring data or
traffic on any network or system without the express authorization of
the owner of the system or network.
Interfering with,
intercepting or expropriating any system, data or information which you
do not have the right to access.
Interfering with service to any
user, host or network including, without limitation, by means of
overloading, "flooding", "mail bombing", or "crashing" any computer
system.
You agree that we may quarantine or delete any data
stored on the Visual Web network if the data is infected with a virus,
or is otherwise corrupted, and has the potential to infect or corrupt
the network or other customers’ data that is stored on the network.
E-mail Usage Policies
Visual Web does not
support unsolicited email messages sent by users of our system (also
known as junk e-mail or spam). Users sending unsolicited e-mail messages
from our system will have all of their services temporarily suspended.
They will then be contacted by Visual Web and informed of the suspension
before having their services reinstated. A repeated offense may cause
cancellation of service without refund of any fees. It is up to the
reseller to monitor and control outgoing junk e-mail/spam.
Fraudulent Activities
Visual Web prohibits utilizing
dedicated services or network services for fraudulent activities.
Participation in fraudulent activities is in direct violation of
countries' laws and Visual Web’s AUP.
Violation of
Intellectual Property Rights
The Services and/or Third Party
Services shall not be used to publish, submit/receive, upload/download,
post, use, copy or otherwise reproduce, transmit, retransmit, distribute
or store any content/material or to engage in any activity that
infringes, misappropriates or otherwise violates the intellectual
property rights or privacy or publicity rights of Visual Web or any
other party, including but not limited to any rights protected by any
copyright, patent, trademark laws, trade secret, trade dress, right of
privacy, right of publicity, moral rights or other intellectual property
right now known or later recognized by statute, judicial decision or
regulation.
Distribution of Malware
Visual
Web prohibits the storage, distribution, fabrication, or use of malware
including virus software, root kits, password crackers, adware,
keystroke capture programs and other programs normally used in malicious
activity. The use of such programs in the normal ordinary course of
business, however, may be requested by Customer and approved by Visual
Web on a case by case basis. Example: Security company using the
Services to analyze the latest root kit for new security
analysis/software.
Phishing
Visual Web
strictly prohibits any activity associated with phishing or systems
designed to collect personal information (name, account numbers, user
names, passwords, etc.) under false pretense. Splash pages, phishing
forms, email distribution, proxy email or any relation to phishing
activities will result in immediate removal or suspension of Customer’s
account.
Vulnerability Monitoring and Testing
You may not attempt to probe, scan, penetrate or test the vulnerability
of a Visual Web system, subsystem or network or to attempt to breach
security or authentication measures, whether by passive or intrusive
techniques, without Visual Web’s express written consent.
IP Address Usage
You may only use IP addresses
assigned to you by Visual Web in connection with your Visual Web
Services. You agree that if the Visual Web IP addresses assigned to your
account are listed on an abuse database, you will be in violation of
this AUP, and Visual Web may take reasonable action to protect its IP
addresses, including suspension and/or termination of your Service,
regardless of whether the IP addresses were listed as a result of your
actions.
Unsolicited Mail
You may not send
unsolicited e-mail. E-mail is unsolicited if you have no pre-existing
relationship with the recipient, unless the recipient has published or
otherwise provided his or her e-mail address in a manner which implies
consent to receive the e-mail. You may not send e-mail of any kind to a
person who has indicated that they do not wish to receive it. This
prohibition includes the direct sending and receiving of such messages,
support of such messages via web page, splash page or other related
sites, or the advertisement of such services. The falsifying of packet
header, sender, or user information whether in whole or in part to mask
the identity of the sender, originator or point of origin or knowingly
deleting any author attributions, legal notices or proprietary
designations or labels in a file that the Customer mails or sends. Any
such e-mail shall comply with all laws and regulations, including
without limitation, The Unsolicated Electronic Messages Act 2007 (the
UEM SPAM Act).
Message Source
You may not
obscure the source of your email in any manner, including by
intentionally omitting, forging, or misrepresenting messages headers or
return addresses.
E-mail Abuse Complaints
Complaints from e-mail recipients and third-party abuse agencies (e.g.
SpamHaus or Spamcop) shall be deemed proof of the facts stated therein
unless you provide reasonable evidence to the contrary. Visual Web shall
have the right to terminate your mail service if we receive excessive or
repeated complaints from your e-mail recipients, regardless of whether
you are in breach of this AUP or are otherwise at fault.
Blacklisting/Retaliation
Visual Web may terminate your
Services if your e-mail address or related IP number(s) is/are
blacklisted by any third party, or Visual Web is retaliated against as a
result of your use of the mail system, regardless of whether you are in
breach of this AUP or are otherwise at fault.
UseNet SPAM
The use of dedicated services to send, receive, forward, or post UseNet
unsolicited e-mail or posts is a direct violation of Visual Web’s AUP.
This includes UseNet services located within the Visual Web network or
unrelated third party networks.
Illegal Activities
Customers caught using our system for illegal activities, including but
not limited to breaking into remote systems, credit card fraud, theft,
vandalism, threats, or violence, will have their accounts immediately
cancelled without refund of any fees.
Further Terms of
Service
In no event will Visual Web be liable for any losses
or damages arising out of the use of or inability to use Visual Web's
services or any content thereon. We take no liability in case of data
loss, users should always keep their own backups of important data. If
required so please ask us for any backup service options.We encorage all
our clients to subscribe to such services as this adds extra data
retention in any event of a node or data loss.
Services are set
to renew on the anniversary of the day that order was created. An e-mail
requesting payment is sent to you every day that your bill is unpaid.
Server disconnects begin if an invoice is past due. We do not telephone
or send postal mail notifying about disconnects.
A billing
dispute of any kind does not exempt you from paying current and future
bills. Billing disputes resolved in the customer's favor will receive
account credit for overpayment.
If any chargebacks occur on your
credit card or PayPal account we reserve the right to suspend your
service without notice and will terminate your service and recycle your
server(s) if contact and payment not made within 3 days.
If you
have chosen not to subscribe to one of our managed plans you are
responsible for the security of your server. If we receive complaints
about spam, malware, or other issues that are damaging to us or our
upstream service provider we will investigate the report independently
and if found to be valid your VPS will be suspended immediately and you
will be notified via email. This must take place to ensure our high
reputation is maintained as a service provider.
Right To
Refuse Service
Visual Web reserves the right to refuse
service to anyone for any reason. We enforce this policy to ensure a
professional environment for the users of our system. This includes any
programs, such as CGI programs that are using excessive amounts of
system resources. Excessive amounts is defined as any amount that
results in substantial degradation of server performance. Visual Web is
the sole determinant of what constitutes degraded server performance. On
some occasions, we allow heavy usage depending on the situation.
However, additional fees may apply.
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