Web Hosting - Acceptable Use Policy (AUP)

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Vpsux®, as well as its subsidiaries and sister companies (“Vpsux® Web Hosting”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Vpsux® Web Hosting. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Vpsux® Web Hosting service(s) or products or to cancel Your Vpsux® Web Hosting service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Vpsux® Web Hosting’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

1. Sharing of Information.

As a condition of purchasing and using hosting plans, You acknowledge and agree that Vpsux® Web Hosting may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletter & marketing communication, and (b) Information Vpsux® Web Hosting gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users’ needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Vpsux® Web Hosting derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does Vpsux® Web Hosting divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Vpsux® Web Hosting can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed via Whois.

2. User Obligations.

You represent and warrant to Vpsux® Web Hosting that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Vpsux® Web Hosting shall not be used in connection with any illegal activity.
You expressly (i) grant to Vpsux® Web Hosting permission to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Vpsux® Web Hosting under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

3. Network Interruptions.

Vpsux® Web Hosting will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Vpsux® Web Hosting p be liable to You for any damages resulting from or related to any failure or delay of Vpsux® Web Hosting in providing access to the Internet under this Agreement. In no event shall Vpsux® Web Hosting be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Vpsux® Web Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts.

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Vpsux® Web Hosting account may not be transferred without prior written approval from Vpsux® Web Hosting.

5. IP Address.

Vpsux® Web Hosting assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Vpsux® Web Hosting services. The right to use that IP address will remain with and belong only to Vpsux® Web Hosting, and You will have no right to use that IP address except as allowed by Vpsux® Web Hosting in its sole and absolute discretion.

6. Secure Shell ("SSH") Access.

You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

7. Prohibited Activities.

By using any Services, provided by Vpsux® Web Hosting You agree:
  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • not to make, attempt or allow any unauthorized access to Vpsux® Web Hosting website, servers, your own hosting account or the account of any other customers of Vpsux® Web Hosting.
  • not to allow any remote code execution of malicious software through the hosting account provided by Vpsux® Web Hosting.
  • not to cause denial of service attacks, port scans or other endangering and invasive procedures against Vpsux® Web Hosting servers and facilities or the servers and facilities of other network hosts or Internet users.
  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • not to use Vpsux® Web Hosting services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • not to engage in or to instigate actions that cause harm to Vpsux® Web Hosting or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Vpsux® Web Hosting reserves the right to refuse service to anyone upon Our discretion. Any material that in Vpsux® Web Hosting judgment, is either obscene or threatening is strictly prohibited and will be removed from Vpsux® Web Hosting servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Vpsux® Web Hosting will take corrective action upon our own discretion and will notify You. Vpsux® Web Hosting decision in such case is binding and final, and cannot be a subject of a further change. Vpsux® Web Hosting cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Vpsux® Web Hosting or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Vpsux® Web Hosting will not be liable for any loss or damages in such cases.
  • not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
At its discretion, Vpsux® Web Hosting reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. Vpsux® Web Hosting further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

8. Email and Anti-spam Policy.

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Vpsux® Web Hosting. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Vpsux® Web Hosting prohibits the following activities listed without limitation hereunder:
  • Usage of the Vpsux® Web Hosting network and systems to receive replies to unsolicited mass e-mail messages.
  • Forgery of e-mail headers (i.e.”spoofing”).
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
  • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
  • Hosting any web pages or providing any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
  • If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

9. Additional Acceptable Use Policy for VPS accounts:

  • Use of Traffic (Bandwidth).
  • Your account monthly traffic is limited in accordance with the VPS Type. Additional Traffic can be ordered at $10.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.
  • Disc Space Use.
  • Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.
  • Additional Services.
  • The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case Vpsux® Web Hosting will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.
  • You can order Additional RAM as extra features to Your VPS account(s). Vpsux® Web Hosting will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Vpsux® Web Hosting will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.
  • Additional Limitations.
  • Please note that our services are configured with built-in service limitations designed to prevent invasive activities, including but not limited to denial of service attacks and port scans. If triggered, these limitations may result in an enforced service interruption. In no event shall Vpsux® Web Hosting be liable to You for any damages resulting from or related to such interruption.

10. Storage and Security.

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Vpsux® Web Hosting servers; and (iv) ensure the confidentiality of Your password. Vpsux® Web Hosting services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Vpsux® Web Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Vpsux® Web Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Vpsux® Web Hosting shall have no liability to You or any other person for Your use of Vpsux® Web Hosting products and/or services in violation of these terms.

11. Transfer of Content.

In the event You terminate this Agreement or Your use of Vpsux® Web Hosting products and/or services, then moving Your server content off of the Vpsux® Web Hosting servers is Your responsibility. Vpsux® Web Hosting will not transfer or FTP Your server content to another provider. In the event Your use of Vpsux® Web Hosting products and/or services is terminated, Vpsux® Web Hosting will not transfer or manage Your services or Your content.

12. Third-Party Software.

Vpsux® Web Hosting provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Vpsux® Web Hosting does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Vpsux® Web Hosting. Your use of any third party software is at Your own risk. Vpsux® Web Hosting cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Vpsux® Web Hosting will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

13. Vpsux® Web Hosting Reservation of Rights.

Vpsux® Web Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Vpsux® Web Hosting; (ii) establish limits and guidelines concerning the use of Vpsux® Web Hosting services and/or products; (iii) terminate Your use of Vpsux® Web Hosting services and/or products for use of Vpsux® Web Hosting services and/or products to unnecessarily or illegally harass Vpsux® Web Hosting or third parties, non-payment of fees for Vpsux® Web Hosting services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Vpsux® Web Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Vpsux® Web Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Vpsux® Web Hosting services and/or products if Your use of Vpsux® Web Hosting services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Vpsux® Web Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Vpsux® Web Hosting services and/or products at any time and for any reason if deemed reasonably necessary by Vpsux® Web Hosting. Vpsux® Web Hosting has no obligation to monitor Your use of Vpsux® Web Hosting services and/or products, but reserves the right in its sole discretion to do so.
Right of Refusal. Vpsux® Web Hosting has the right to refuse services to anyone at Our discretion.