This AUP governs the use of VPS.NET’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and VPS.NET regarding the interpretation of this AUP, VPS.NET’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact mgmt@vps.net. As well, VPS.NET, and it's parent company, Hosting Services Inc reserves the right to refuse service within our reasonable commercial judgement. If you have any questions regarding this policy - we urge you to contact our management at mgmt@vps.net
Offensive Content
You may not publish or transmit via VPS.NET’s service any content that VPS.NET reasonably believes:
- constitutes child pornography;
-
is excessively violent, incites violence,
threatens violence, or contains harassing content or
hate speech;
-
is unfair or deceptive under the consumer protection
laws of any jurisdiction, including chain letters
and pyramid schemes;
- is defamatory or violates a person’s privacy;
-
creates a risk to a person’s safety or health, creates
a risk to public safety or health, compromises national
security, or interferes with a investigation by law
enforcement;
-
improperly exposes trade secrets or other confidential
or proprietary information of another person;
-
is intended to assist others in defeating technical
copyright protections;
-
clearly infringes on another person’s trade or service
mark, patent, or other property right;
-
promotes illegal drugs, violates export control laws,
relates to illegal gambling, or illegal arms
trafficking;
-
is otherwise illegal or solicits conduct that is
illegal under laws applicable to you or to
VPS.NET; or
-
is otherwise malicious, fraudulent, or may result
in retaliation against VPS.NET by offended
viewers.
Content “published or transmitted” via VPS.NET’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by VPS.NET.
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
You must obtain VPS.NET's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to VPS.NET’s reasonable satisfaction:
-
Your intended recipients have given their consent
to receive e-mail via some affirmative means, such
as an opt-in procedure;
-
Your procedures for soliciting consent include
reasonable means to ensure that the person giving
consent is the owner of the e-mail address for
which the consent is given;
-
You retain evidence of the recipient’s consent in
a form that may be promptly produced on request, and
you honor recipient’s and VPS.NET’s requests
to produce
consent evidence within 72 hours of receipt of the
request.
-
The body of the e-mail must describe how the e-mail
address was obtained, for example, “You opted in to
receive this e-mail promotion from our Web site or from
one of our partner sites,†and information on how to
request evidence of the consent, for example, “If you
would like to learn more about how we received your
e-mail address please contact us at
abuse@vps.net.
-
You have procedures in place that allow a recipient to
easily revoke their consent – such as a link in
the body of the e-mail, or instructions to reply with
the word “Remove” in the subject line.
Revocations of
consent are honored within 72 hours, and you notify
recipients that their revocation of their consent
will be honored in 72 hours;
-
You must post an
abuse@vps.net
e-mail address on the
first page of any Web site associated with the e-mail,
you must register that address at abuse.net, and you
must promptly respond to messages sent to that address;
-
You must have a Privacy Policy posted for each domain
associated with the mailing;
-
You have the means to track anonymous complaints;
-
You may not obscure the source of your e-mail in any
manner. Your e-mail must include the recipients e-mail
address in the body of the message or in the
“TO” line of the e-mail; and
-
You otherwise comply with the CAN SPAM Act
and other applicable law.
These policies apply to messages sent using your VPS.NET
service, or to messages sent from any network by you or
any person on your behalf that directly or indirectly
refer the recipient to a site hosted via your VPS.NET
service. In addition, you may not use a third party
e-mail service that does not practice similar procedures
for all its customers.
VPS.NET may test and otherwise monitor your compliance
with its requirements, including requesting opt-in
information from a random sample of your list at
any time.
Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.You must comply with the rules of any other network you access or participate in using your VPS.NET's services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any
manner any music, software, art, or other work protected
by copyright law unless:
-
you have been expressly authorized by the owner of the
copyright for the work to copy the work in that manner;
-
you are otherwise permitted by established United States
copyright law to copy the work in that manner.
-
VPS.NET will terminate the service of repeat
copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person
using the VPS.NET network, please send your written notice
of copyright infringement to:
164 N Gateway Drive,
Utah 84332
Your notice must include the following:
-
A physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
-
Identification of the copyrighted work claimed to
have been infringed, or if multiple copyrighted
words at a single site are covered by a single
notification, a representative list of such
works at that site;
-
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to
permit VPS.NET to locate the material;
-
Information reasonably sufficient to permit VPS.NET
to contact you, such as an address, mobile number,
and, if available, an e-mail address;
-
A statement that you have a good faith belief that use
of the material in the manner complained of is not
authorized by the copyright owner, the copyright
owner’s agent, or the law;
-
A statement that the information in the notification
is accurate, and under penalty of perjury that you are
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the VPS.NET network.
Disclaimer
VPS.NET is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the VPS.NET network.
Internet Abuse
You may not engage in illegal, abusive, or irresponsible
behavior, including:
-
Unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or
test the vulnerability of a system or network or
to breach security or authentication measures
(including those belonging to VPS.NET and its
customers) without express authorization of
the owner of the system or network;
-
monitoring data or traffic on any network or system
without the authorization of the owner of the system
or network;
-
Interference with service to any user, host or network
including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system
and broadcast attacks;
-
Use of an Internet account or computer without the
owner’s authorization, including, but not limited to
Internet scanning (tricking other people into releasing
their passwords), password robbery, security hole
scanning, and port scanning;
-
Forging of any TCP-IP packet header or any part of
the header information in an e-mail or a newsgroup
posting; or
-
Any conduct that is likely to result in retaliation
against the VPS.NET's network.
-
Use of VPS.NET's network in a way that unreasonably
interferes with VPS.NET's other customers use of the
network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings
to any bulletin board, chat group or other forum in which
you participate, such as IRC and USENET groups including
their rules for content and commercial postings. These
groups usually prohibit the posting of off-topic
commercial messages, or mass postings to multiple forums.
IRC (Internet Relay Chat)
-
VPS.NET is not liable for the content of any
communications made on IRC.
-
IRC robots ("bots" or "clones") or IRC sessions may not
be run from VPS.NET's server accounts.
-
Customers may not attempt to impersonate others or use
IRC anonymously by disguising their hostname or
username.
-
Customers are prohibited from using IRC scripts or
programs that interfere with or deny service to other
users on any server or host. Customers are also
prohibited from engaging in activities which harass
other users. This includes, but is not limited to,
"flooding" (rapidly entering text with the intent
to fill the screens of others), "flashing" (disrupting
terminal emulation), "takeovers" (forcibly seizing
operator privileges), attempting to send private
messages to those who do not wish to see them
(via "ignore"), attempting to return to a channel
after being banned from it, and other disruptive
behaviours.
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