Updated June 3, 2019
supports the uncensored flow of information and ideas over the Internet and does not actively monitor customer activity under normal circumstances. Moreover, ServerCloud does not exercise editorial control over the content of any website, email transmission, or other material created or accessible through the Services (as defined in the Terms of Service). But ServerCloud will not tolerate certain conduct from its customers and others who use its Services. This acceptable use policy (“AUP”) discusses expectations we have for you and your obligations when using our Services. ServerCloud is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our equipment, technology, or network may be abused, abusive activities not stated in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP on one or more occasions. The most recent version will always be posted here. Capitalized terms used but not defined in this policy have the meaning given them in the Terms of Service.
2. ServerCloud Policies; Third Party Policies
- This AUP and our other Policies are part of your agreement with us and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service). If you are a customer, you’ve agreed to abide by our Policies when you checked “I agree” to the Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.
- You are bound by policies from third parties that provide services to you through ServerCloud. You are strongly encouraged to review those policies before agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.
3. Appropriate Use of ServerCloud Services
Intellectual property rights are respected. ServerCloud prohibits the use of the Services or third-party services to publish, submit, receive, upload, download, post, use, copy; to reproduce, transmit, retransmit, distribute, or store content or material; or to engage in any other activity that infringes, misappropriates, or violates the intellectual property rights, privacy rights, or publicity rights of another person, including ServerCloud. Please see the terms of our Digital Millennium Copyright Act (DMCA) Policy, for the process to notify us regarding potential intellectual property rights infringement. You are required to comply with U.S. law governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.
4. Prohibited Uses
- Unsolicited commercial email, or SPAM, is prohibited. We will consider your email to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with it. Email that is “CAN-SPAM compliant” may sill otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers and your contact information to: email@example.com.
- Certain content is prohibited. You are responsible for any content transmitted or accessed using our network. Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation is prohibited. You must not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited:
- IRC scripts/bots, IRCD (IRC servers), AutoSurf/PTC/PTS/PPC sites;
iii. IP scanners, Bruteforce Programs/Scripts/Applications;
- Mail Bombers/Spam Scripts;
- File Dump/Mirror Scripts (similar to rapidshare);
- Anonymous or Bulk SMS Gateways;
vii. Websites or links to websites advocating human violence and hate crimes;
viii. Websites promoting illegal activities or linking to other websites that promote illegal activities;
- Selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
- Hosting adult thumbnail galleries/banner exchanges;
- Lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;
xii. Advertising, advocating, or operating High-Yield Interest Programs (HYIP), Ponzi or Pyramid schemes, prime bank programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
xiii. Fraudulent sites (including sites listed at aa419.org and escrow-fraud.com);
xiv. Broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, NHL, WWE, etc.) or television;
- Cryptocurrency/bitcoin miners;
xvi. Impersonating another user or otherwise falsifying one’s username in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
xvii. Dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to that person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
xix. Content that promotes or advocates human trafficking in any way, shape, or form as determined by ServerCloud’ sole discretion or sites that promote prostitution or escort services;
- Creating, posting, or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms, or Trojan horses; engaging in denial of service attacks; or hosting content that is intended to assist others in defeating technical copyright protections;
xxi. Posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
xxii. Setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
If you believe that another customer is using our network in violation of these Policies, please contact us.
- Defamation. Websites hosted on ServerCloud servers are regulated by U.S. law. Under section 230(c) of the Communications Decency Act of 1996, ServerCloud’ policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a federal or state court, as evidenced by a court order. As a hosting service provider, ServerCloud is not a publisher of user content, and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a federal or state court deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order. Similarly, if a federal or state court enjoins specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order.
- Network Stability. Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology, or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.
- Child Pornography. ServerCloud takes a strong zero tolerance stance on child pornography, content perceived to be child pornography, or child exploitative content. Any website found to host child pornography or link to child pornography or exploitative content will be suspended immediately without notice or warning.
5. Use of Services
- IP Addresses. The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the Services and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses must not be assigned or transferred and will be recycled by us if you terminate your use of the Services.
- Software. We may provide software for you to use while you are a customer. This software is sublicensed to you and must not be further sublicensed or used for purposes other than those expressly permitted in our Terms of Service or our other Policies and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software, whether you license it through us or have licensed it independently.
6. Reporting Violations of the AUP
We encourage you to contact us if you believe that someone has violated this AUP. We accept reports of alleged violations of this AUP by email sent to firstname.lastname@example.org. Reports of alleged violations must be verified and must include (1) the name and contact information of the complaining party, (2) the IP address or website allegedly in violation, and (3) a description of the alleged violation. Unless otherwise required by law, such as the DMCA, ServerCloud owes no duty to third parties reporting alleged violations. ServerCloud will review all verified third party reports and will take all actions it deems appropriate under the circumstances. We do not respond to anonymous correspondence and will refer individuals who deliberately attempt to mislead us regarding their identity or the basis for their complaints to the appropriate law enforcement agency. Nothing you send or communicate to us is confidential regardless of whether you claim that it is.
ServerCloud will comply with and respond to valid (as ServerCloud determines in its sole discretion) subpoenas, warrants, or court orders. ServerCloud has no obligation to forward to its customer any subpoenas, warrants, or court orders. However, ServerCloud reserves the right to respond to any subpoena, warrant, or court order if it is the named party in the subpoena, warrant, or court order.
7. Procedure for Addressing Violation of the AUP
If ServerCloud learns of an alleged violation of this AUP, it will initiate an investigation within 24 to 48 hours. During this investigation, ServerCloud may restrict customer’s access to prevent further possible unauthorized activity. If ServerCloud finds that a customer violated this AUP, it may restrict, suspend, or terminate that customer’s account or pursue other civil remedies. ServerCloud also reserves the right to seek to recover any costs and expenses associated with the investigation of an alleged AUP violation. If the violation is a criminal offense, ServerCloud will notify the appropriate law enforcement agency of the violation.
ServerCloud does not issue service credits for any (a) outages incurred through service disablement resulting from AUP violations or (b) outages incurred during investigation of possible violations.
ServerCloud will hold a customer in violation of this AUP liable for all costs and expenses ServerCloud incurs because of that customer’s violation. This includes legal fees and costs resulting from ServerCloud responses to complaints from and the cleanup of unsolicited mailings, unauthorized bulk mailings, or news server violations.
The first violation will result in a cleanup fee of $250 per complaint, and ServerCloud will review the customer’s account for possible immediate termination. A second violation will result in a cleanup fee of $500 per complaint and immediate termination of the customer’s account. “Complaint” means (1) an email complaint sent directly to ServerCloud, (2) an email complaint sent directly to an upstream provider or carrier, (3) a “SpamCop” listing, (4) a SPEWS listing, (5) an SBL listing, (6) an OpenRBL listing, (7) a listing on any email “block list” that may result in the interruption of service to the ServerCloud network, or (8) any other notice (regardless of transmission mechanism) of an alleged violation of this AUP.
The customer who violates this AUP must also pay ServerCloud an investigation fee of no more than $175 per hour for the time ServerCloud’ personnel must spend to investigate any violations in addition to the above-mentioned cleanup fees.
Decisions regarding the termination or suspension of an account are final. ServerCloud will not negotiate regarding suspension or termination of an account for breach of this AUP. On termination of an account, the outstanding balance of that account will immediately become due.
We may refuse new service to any individual, group, or business. We may also discontinue service to customers with excessive or multiple repeated violations of this AUP.