This policy should be read in conjunction with original Terms and Conditions Document In addition to the other requirements outlined in terms and conditions, a customer may only use the services and products in a manner that, in the company's sole judgment, is consistent with the purposes of such Services and Products.
If a customer is unsure of whether any contemplated use or action is permitted, please contact the company as provided above. By way of example, and not limitation, uses described below of the services and products are expressly prohibited.
1. Services provided by VMotion IT Solutions are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any Irish and/or European laws. Failure to comply with this section will result in immediate termination and/or suspension of the Account. 1.1. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.
2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account. 2.1. Introduction of malicious programs into the Company's network or server (e.g., viruses, worms, malicious code). 2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information. 2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server. 2.4. Circumventing user authentication or security of any host, network or account. 2.5. Interfering with or denying service to any other user on Customer's host (for example, denial of service attack). 2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet. 2.7. Creating an "active" full time ftp connection on a Company-provided account by using artificial means involving software, programming or any other method. 2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files. 2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations. 2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action. 3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert VMotion IT Solutions in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.
4. VMotion IT Solutions considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by the Company. Examples of unacceptable material on shared hosting include, but are not limited to: 4.1. Pornographic or adult material 4.2. Fraudulent activities of any kind 4.3. IRC and IRC related tools 4.4. Copyrighted material without explicit consent to use and/or distribute 4.5. Network/computer scanning or attack software 4.6. Exploits 4.7. Software licenses, license generation software, software “cracks” 4.8. Site mirroring 4.9. Upload services of any kind 4.10. Spiders of any kind 4.11. Computer viruses/malicious software of any kind 4.12. Proxy scripts or services 4.13. SMS Relay, or SMS notification scripts 4.14. Ponzi or pyramid schemes 4.15. Pharmacy or pharmacy-like services 4.16. Racist, hateful, or harassing content 4.17. Hacking related information or services 4.18. SPAM of any kind 4.19. Keep-alive tasks, or any scripts to keep customer's website's application pool alive and from going idle 4.20. Requesting a billing charge-back or filling a payment dispute 4.21. Selling or advertising of any illegal substances (this includes drugs and any kind of seeds) 4.22. Harassing, threatening or insulting VMotion IT Solutions or its staff members. Examples of unacceptable material for VPS plans include, but are not limited to: 4.23. Hosting of a topsite. 4.24. Hosting an open proxy. 4.25. Hosting an IP scanner. 4.26. Hosting or linking to pornographic material. (+18) 4.27. Anything to do with Warez. 4.28. Linking to hacking related websites. 4.29. Hosting nulled scripts. 4.30. Hosting Autosurf sites. 4.31. Hosting stolen website accounts. 4.32. Hosting phishers. 4.33. Hosting mail bombers. 4.34. Hosting spam bots. 4.35. Hosting hacker related programs. 4.36. Hosting push button mail scripts. 4.37. Hosting tell a friend scripts. 4.38. Hosting torrents and linking to torrent sites. 4.39. Network/computer scanning or attack software. VPS accounts violating the acceptable use policy are terminated WITHOUT REFUND
5. Backups are not to be stored on the Servers, whether the backup contains files from other systems, or files from content hosted on the Service. Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file. Any backups discovered that are in violation of this section will be removed by the Company without notice.
6. Any unattended process or command is prohibited from being run on the Services at any time. Any process or command that listens on a network port or opens a file socket is prohibited from being run on the Services at any time. Any daemon is prohibited from being run on the Services at any time. Processes or commands found to be violating this section will be terminated immediately without notice. Further action is at the discretion of an Company. 6.1. Scheduled jobs (i.e. “cronjob”, “crontab”) may be run no more frequently than once every 10 minutes. Scheduled jobs may not take longer than five minutes to complete their task. Any scheduled jobs violating this section will be terminated, and disabled.
7. No action taken on the Services should result in a connection to a network outside of the Services unless express written consent has been obtained both from VMotion IT Solutions and the network the Customer wishes to connect to. Accounts in violation of this section may be suspended.
8. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account. 8.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of the Company.
9. Services are not to be used for the sole purpose of load balancing. Services may not be used to provide storage for data that is not used directly on the Site. This includes, but is not limited to, utilizing the Services solely for the purpose of hosting images, videos, music, large downloads, SQL databases, or streams. Any Account violating this section will be suspended and may be terminated at the discretion of the Company.
10. Multimedia steaming is not permitted on the Services without first receiving written consent from the Company.
11. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.
12. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 3.2 and will result in suspension, and possibly termination, of the Account.
13. Billing 13.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers and Customer contact information. 13.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure web space, time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.
14. Email 14.1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship ("email spam"). Violation of this or any section of this Agreement will result in immediate account suspension and/or termination, as well as further penalties and refund ineligibility. 14.2. Sending UCE referencing an email address for any domain hosted by the Company; 14.3. Sending UCE referencing a domain or web site hosted by the Company regardless of the source of the email sender (otherwise known as spamvertising a web site); 14.4. Sending UCE referencing an IP address hosted by the Company; 14.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company. 14.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions. 14.7. Harassment, whether through language, frequency or size of messages. 14.8. Unauthorized use, or forging, of mail header information. 14.9. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies. 14.10. Creating or forwarding "chain letters" or other "pyramid schemes" of any type. 14.11. Use of unsolicited email originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network. 14.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way. 14.13. Activities which violate the additional email policies as are posted at Company web site plan descriptions.
15. Customer Support 15.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
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