Web Hosting Terms of Service

These Terms of Service (the ‘Agreement’) are an agreement between you – the user of our hosting and related services (collectively, the ‘Services’) and True Cloud Hosting.

For the sake of brevity, True Cloud Hosting will be referred to as ‘We’, ‘Us’, ‘Our’ and ‘Service Provider’ in this document and you will be referred to as ‘Customer’, ‘Client’, ‘User’, ‘You’, ‘Your’.

These Web Hosting Terms of Service, together with the Acceptable Use Policy (AUP), represent the Customer Service Agreement.

ENTIRE AGREEMENT; SERVICE AGREEMENT

The Service Provider shall provide its Services to You – the Customer – under the Terms and Conditions stated in this Service Agreement. The Agreement is intended to keep the integrity of both the Service Provider and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

The Service Agreement, together with the Acceptable Use Policy (AUP) and any other documents or agreements mentioned in these Terms, constitute the whole act of convention between the Service Provider and the Customer. In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining ones will completely preserve their validity.

The Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his /her behalf, thus accepting, executing, and delivering the Agreement.

Service Provider HOSTING SERVICES

A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites and store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving.

The Service Provider offers only web hosting services, not data storage services. A web hosting service consists of the following:

SERVICE FEATURES

Basic Features:

1. Disk Space – We employ NVMe technology for highly available storage, enhancing both performance and reliability. This architecture guarantees optimal efficiency, improved server stability, and seamless access to your allocated storage capacity. With the integration of NVMe technology, we elevate your hosting experience to meet the requirements of modern applications and data-intensive workloads. For additional disk space, you have the option to upgrade your plan. We accept payments on an annual basis in advance. For further details, please reach out to our sales team.
2. Traffic – Each hosting plan includes prepaid traffic quota. Additional traffic is available as an upgrade. Contact the sales department for more information. Traffic must be prepaid before use or otherwise, the account will be suspended for excessive quota.
3. Hosted Domains – Service Provider hosting plans include domain hosting. Each hosting plan has a limit of domains that can be hosted.
4. E-mail accounts – A different number of e-mail accounts may be set per each web hosting plan.
5. MySQL/PostgreSQL Database(s) – MySQL databases are included in all web hosting plans. Additional databases may be available as an upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.
6. Database Storage – The Service Provider offers unlimited MySQL database storage for each hosting account. However, accounts with very large single databases can affect the overall server performance. Thus, we recommend that each database be kept under 200 MB in size. For accounts with databases over 500 MB in size, the Service Provider may request that the number of total database usage be reduced to ensure proper performance or may terminate the Customer’s account, with or without notice.

Optional Features:

1. Dedicated IP Address – Service Provider’s hosting accounts do not include a dedicated IP address unless listed in the list of plan features. Dedicated IP addresses may be purchased as an upgrade to the web hosting service. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.
2. NOTE: Please note that according to IANA, the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.
3. NOTE: Due to IANA limitations for the Australian network space, a dedicated IP address will not be available with a web hosting account that is ordered in an Australian data center.
4. SSH – In case your hosting account does not include SSH, please contact the sales department for more information on how to obtain it. Payment is accepted only in advance per year.

SERVICE GUARANTEES

Service Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

1. Server Hardware Breakdown;
2. User error(s) or purposeful interruption(s) of the user service (e.g., if the client shuts his/her own server down, the Service Provider is not responsible for the downtime);
3. Failure due to software that is not explicitly supported by the Service Provider. If a hardware crash provoked by the customer consequently happens, the Service Provider is beyond the control and responsibility for the resulting downtime.

ACCOUNT/DATA BACKUP:

Our backup service is provided as a courtesy to you, and, therefore, the Service Provider will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored.

General Backup: The default available backup disk storage space for each customer is 10 GB. User accounts with content over 10 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account’s disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached, the backup script will no longer back up any of your files.

Database Backup: Our database backup script WILL NOT back up databases that contain more than 256 tables. Databases bigger than that take too much time and use too much of the server’s resources to be backed up.

SOCIAL MEDIA LOGIN:

In order to facilitate access to the Control Panel for your account with us, you can set up a Social Media login, i.e. – logging in with a social media account of your choice in lieu of logging in with your username and password.

This is a voluntary process and requires you to provide us with your Social Media details, which will then be stored in our system and used just and only for associating your social media profile with your hosting account.

At any moment you can remove all Social Media details from our system using the bucket icon next to them. Otherwise, they will be retained in our system until your account is terminated.

CUSTOMER RESPONSIBILITIES

ACCOUNT REGISTRATION AND MANAGEMENT

In consideration of their use of the Service, the Customer agrees to:

1. Provide true, accurate, current, and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update registration data to keep it true, accurate, current, and complete. If the customer provides any information that is untrue, inaccurate, not current, or incomplete, or Service Provider has reasonable grounds to suspect (at its sole discretion) that such information is untrue, inaccurate, not current or incomplete, Service Provider has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT, the customer can be held responsible by the corresponding national tax collecting agency.
2. When introducing any changes to their contact details, customers are obliged to notify the Service Provider in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through the customers’ Web Hosting Control Panel, not via e-mail. This requirement is also in force for the Service Provider; that is, customers will always be aware of any contact information changes that the company places on its website. This way, a flawless communication process between both sides is guaranteed.
3. Customers will receive a password and account designation upon completing the registration process of the Service. Customers are responsible for maintaining the confidentiality of their passwords and accounts and are fully responsible for all activities that occur under that password or account. Customers agree to:
1. immediately notify the Service Provider about any unauthorized use of their password or account or any other breach of security;
2. ensure that they safely exit (log out from) their account at the end of each session. The Service Provider cannot and will not be liable for any loss or damage of account information arising from a customer’s failure to comply with this provision.

ACCOUNT USAGE

1. CPU usage (or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on) – CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time and/or the percentage given per 24 hours in the features configuration of the Customer’s plan. The Service Provider’s web hosting plans include the following CPU quotas (per 24 hours):
   
   

   Web Hosting Plan Name	CPU Limit
   Business	5%
   Corporate	7%
   Enterprise	10%
   Starter	5%

   
   
   The Service Provider strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU and notify clients. We may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused by the functioning of the server. If we do suspend an account, then its owner will be notified of that and provided with an explanation of the situation. The account owner may be offered an upgrade to a dedicated or semi-dedicated web hosting solution.
2. Emails Users are not allowed to:
1. send more than 1500 emails per day / 150 emails per hour per hosting account (each email can be sent to a maximum of 50 recipients, as each unique recipient will be counted as one message sent);
2. send more than 300 emails per day / 50 emails per hour per mailbox;
1. If you consistently or abruptly exceed these limits, they can be lowered permanently to as low as 10 emails per day / 10 emails per hour, and/or SMTP could be disabled until the issue is fixed.
2. If you need to send more emails per day/hour than the specified limits, you can open a support ticket so that your case can be reviewed.
3. send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively).

Repeat violations of the limits listed above can result in IP restrictions or, in extreme cases, denial of email service.

By default, each email account is entitled to 10 GB of storage space. You can modify or remove the storage quota for email accounts through the Web Hosting Control Panel. Keep in mind that all active email accounts under a hosting account must not exceed 40 GB in size. Only the Enterprise plan has an email storage quota of 60 GB. . Each email account can host up to 200.000 stored messages.

You can see the specific disk storage quota allocation and the number of emails allowed in the Account Usage table in the Web Hosting Control Panel.

You can manage as many mailboxes as you need under one account as long as you do not interfere with the other users on the server. However, if there are more than 3000 mailboxes in a given hosting account, its owner can cause a high server load by modifying a password or changing an alias.

If a particular mailbox simultaneously accommodates multiple emails and its owner often executes changes like the ones mentioned above, then we’ll be forced to disable that account and ask the respective client to migrate to a more resource-rich type of hosting environment where mailbox modification operations cannot lead to server performance issues.

3. File Quota – There is no file quota limit for any one of our web hosting packages. Customers are allowed to have an unlimited number of files in their hosting accounts.
4. Disk Space & Traffic – The Service Provider offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs, or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, and RAR, but not limited to these file types) in each hosting account must be part of the actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics, video, backup, and/or archive files, such as .zip, .tar.gz, etc., must not exceed 50 GB and must not consume more than 25% of the web hosting disk space. Furthermore, such media files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the Client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server.
5. MySQL usage – Each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per given hour, you will not be able to make any more queries. In the next hour, you will have access to the database again, and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
6. RAM quota – Each account is allowed to use up to 2 GB RAM.
7. PHP processes – Each account is allowed up to 100 concurrent PHP processes.
8. Access and error logs – The access and error logs for all client hosts in one account should not exceed 500 MB in total.

“UNLIMITED” USAGE POLICIES AND DEFINITIONS

The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by the Service Provider, which is not set to a predefined limit value (for example – unlimited bandwidth, unlimited disk space, unlimited emails, or other unlimited resources). By not setting limits on key resources, we may offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

In all cases, when a service is listed as “Unlimited”, it is intended for normal web hosting usage only – all activities that may result in excessive resource usage inconsistent with regular usage patterns are prohibited.

Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. Service Provider will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer’s hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, the Service Provider reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers’ websites, website content, electronic mail, or termination of a customer’s account according to the Service Provider’s sole and absolute discretion.

SERVER USAGE & HOSTED CONTENT

1. Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Service Provider Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. The Service Provider expressly bans the use of any Service Provider hardware or software hosted on a Service Provider server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review the next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a Service Provider Service representative.
2. Using Service Provider temporary URL is not defined as a bandwidth stealing. However, customers should not rely on Service Provider temporary URL as a basic URL. Traffic processing there is not recommended. Service Provider cannot and will not be held responsible for changing it afterward. Customers are advised to use it temporarily and redirect their traffic to their own domains.

NO UNLAWFUL OR PROHIBITED USE

As a condition for customer use of the Service Provider Services, you – the Customer, agree that you will not use Service Provider Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). Service Provider servers can be used explicitly and only for legal purposes, and each attempt to take indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted.

Customers are solely responsible for the content of their messages. Using Service Provider Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or other) is prohibited.

In this light, the Service Provider expressly forbids any breach of Federal, State, or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Service Provider servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult, or pornographic material, or any other material that is considered impermissible by the company’s terms of service (this document) and the Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any Service Provider Services, other accounts, computer systems, or networks connected to any Service Provider Services through hacking, password mining, or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Service Provider Services.

You also agree that you will not use the Services in a manner that:

1. Is illegal, or promotes or encourages illegal activity such as ponzi schemes;
2. Promotes, encourages, or engages in child pornography or the exploitation of children;
3. Promotes, encourages, or engages in terrorism or violence against people, animals, or property;
4. Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
5. Participates or promotes the transmission of copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets;
6. Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation or promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
7. Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation or promotes or facilitates prostitution and/or sex trafficking;
8. Infringes on the intellectual property rights of another User or any other person or entity;
9. Violates the privacy or publicity rights of another Customer or any other person or entity, or breaches any duty of confidentiality that You owe to another Customer or any other person or entity;
10. Interferes with the operation of the Service Provider’s Services;
11. Contains or installs any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware;
12. Contains false or deceptive language or unsubstantiated or comparative claims regarding the Service Provider’s Services.

The Service Provider reserves the right to determine the seriousness of each received report and decide, at their own discretion, which one does not comply with the officially stated requirements for the use of the company’s servers.

The Service Provider may refuse service to unlawful parties by deactivating a customer’s account. In case Service Provider decides to discontinue the provision of services to a Customer as per the contractual agreement, the Customer will be informed of this decision along with a detailed explanation of the underlying reasons.

The Service Provider reserves the right at all times to disclose any information, as Service Provider deems necessary, to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, which contradict with Service Provider’s Acceptable Use Policy.

A full description of the steps Service Provider takes to deal with prohibited/unwanted content can be found in the Acceptable Use Policy (5. Corrective Actions).

E-COMMERCE CUSTOMER WEBSITES

When buying an allocated space on Service Provider servers for the purpose of creating e-commerce online stores or related e-commerce activity websites, the Customer agrees to be fully responsible for the development, operation, and maintenance of their websites, online stores, and e-commerce activities within those websites. The Customer is the only one in charge of approving, processing, and filling customer orders and taking care of customer requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her website and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her website or online store.

Each customer is in charge of all products and services, as well as all contents and materials appearing online, including:

1. the accuracy and relevance of Customer Content and content and material showcased in the Customer’s store or on its products;
2. certainty that the Customer Content and content and materials appearing in the Customer’s store or on its products do not violate or infringe upon the rights of any person;
3. certainty that the Customer Content and the content and materials appearing in the Customer’s store or on its products are not calumnious or somehow illegal.
4. Each Customer guarantees to the Service Provider that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts, and applets. Each Customer warrants to Service Provider that the use, reproduction, propagation, and transmission of the Customer Content and any information and materials contained inside do not, and will not:
1. infringe or abuse any copyright, patent, trademark, trade secret, or any other proprietary right of a third party;
2. break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
5. Each Customer empowers the Service Provider to reproduce, copy, use, and propagate all and any part of the Customer Content for ensuring and operating the Services. Service Provider is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.

THIRD PARTY DEALINGS

Any dealings with third parties (including advertisers) carried out through Service Provider Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. The Service Provider shall not be responsible or liable for any part of such dealings or promotions.

TORTUROUS CONDUCT

Any indecent treatment towards a Service Provider employee will be considered totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Service Provider’s employees regarding any request for help or consultation via e-mail, chat, phone, or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language or any other attempt to undermine the importance of good ethics in communication and human relations. Any act of a close nature or other type of offensive, abusive, disrespectful, or condescending behavior – oral, written, or delivered by a second party – to members of Service Provider’s customer care staff will be interpreted as a breach of this TOS. The Service Provider reserves the right to assess at its sole discretion which behavior is to be considered a violation of the hereby stated rule and agreement and to undertake according to actions, including refusing refunds to users whose accounts have been suspended for violating this TOS provision.

FORCE MAJEURE CIRCUMSTANCES

Service Provider will be in an off-liability position as regards the failure or delay in doing its professional duties resulting from circumstances beyond its control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

SERVICE PROVISION; WARRANTIES AND REPRESENTATIONS

You understand and agree that the Service is provided on an ‘AS-IS’ basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when the customer’s hosting with Service Provider is confronted with service interruption issues. Service Provider assumes no liability for any service failure or failure to deliver or store any Customer communication or personalization settings.

REVISIONS

In order to improve its services, the Service Provider reserves the right to revise these terms at any time without prior notice. Customers are encouraged, therefore, to review this document periodically.

ASSIGNMENT

Customers do not have the right to assign this Agreement without the explicit permission of the Service Provider. This Agreement shall be in force and effect to the total benefit of the Customer and Service Provider and their successors and permitted assigns.

TERMINATION

You agree that the Service Provider, at its sole discretion, may terminate your password, account, or use of the Service(or any part thereof) and remove and discard any Content within the Service if you violate this Agreement.

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Please report any violations of these Terms of Service and the Acceptable Use Policy to [email protected].

Acceptable Use Policy

An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used.

The AUP of the Service Provider aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is an integral part of the Web Hosting Terms of Service, which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Web Hosting Terms of Service.

We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidence. We will respond accordingly and/or immediately terminate the provision of the services, shall we receive a report and/or have sufficient proof of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.

In order to protect our company’s reputation and responsibilities, and guarantee state-of-the-art and reliable hosting services to all our customers, as well as privacy and security for all users, we – the Service Provider – hereby outline the following AUP rules and conditions to come into force for each customer signing up for a web hosting account with our company:

1. SYSTEM ABUSE

Any customer in violation of our system or network security is 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, and 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 our web hosting services:
  
  The Service Provider 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 Service Provider’s 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 the Service Provider’s 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 shared hosting 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. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.
• Excessive use of system resources:
  
  In order to ensure higher server performance and quality of hosting service, all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk space, and traffic. If a hosting account exceeds the allowed amount of system resources, the account owner will be immediately notified to take action in order to reduce the usage. If such action is not instantly taken by the owner, the account will be suspended. If excessive CPU usage is detected, the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan that allows higher CPU usage.
  
  If any 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. The Service Provider will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.

2. SPAM AND SPAMVERTIZING

SPAMMING IS PROHIBITED. Users MAY NOT utilize our web 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. the Service Provider will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our 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 3^rd 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 (3^rd 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).

‘Unsolicited message’ is a message that is sent against the privacy policy of a 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 are spam or spamvertizing. For your information, spamming generally includes, but is not limited to, the following:

• Sending unsolicited messages in bulk, or sending 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.

3. INAPPROPRIATE OR UNLAWFUL CONTENT

CONTENT published or transmitted via the Service Provider’s 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 network’s services.

The user of our 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 the Service Provider 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.

4. COPYRIGHTS

Copyrighted material must not be placed on customers’ accounts without the explicit permission of the copyright owner or a person explicitly 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 a 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 Services for the removal of any such material.

5. CORRECTIVE ACTIONS

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

We will disable the customer’s account if we deem it 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 that have 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 this obligation, we may re-activate the customer’s account if we find, at our own discretion, sufficient evidence on the customer’s side.

Closed accounts due to repeated violations will not be reactivated. 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.

6. REPORTING VIOLATIONS

If you need to report a violation of this AUP agreement or believe that you or your system has been subject to an attack originating from our web hosting system, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.

7. REVISIONS

We reserve our right to change this AUP at any time without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.