Hosting Services Acceptable Use Policy (UAP)

Hosting Services Acceptable Use Policy (UAP)

We reserve the right to modify this AUP at any time without notice.

Customer is responsible for all use of Services by itself, its employees, agents, contractors, invitees and clients, whether such use is with or without the consent of Customer.

All customers and users agree to use any and all hosting services only for lawful purposes and in compliance with all applicable laws. Specific activities that are prohibited include, but are not limited to:

  • Real, simulated, or animated violence against any living being;
  • Glorifying of or encouraging violence against any living being;
  • Threatening harm to persons, animals, or property;
  • Threatening sexual, financial, or emotional harm to any person;
  • Promotion of, glorifying, or threatening terrorism or violent extremism;
  • Suggesting, glorifying, encouraging, or promoting suicide or self-harm, including self-mutilation and eating disorders;
  • Non-medical usage of images containing gore, death, or dismemberment;
  • Any media depicting real, simulated, or animated sexual violence, assault, or exploitation;
  • Promotion or glorification of mass or serial murder or genocide;
  • Celebrating or glorifying the suffering or humiliation of other people, groups, or living beings;
  • Content that expresses support, praises, celebrates, or condones groups, leaders, or individuals involved in terrorist activity, organised hate, mass or serial murder or genocide, human trafficking, organised violence or criminal activity, or violence against any living being;
  • Any activity to facilitate or coordinate future criminal, violent, threatening, abusive, or harassing activity that is intended or likely to cause harm to people, property, businesses, or animals;
  • Asking or offering a financial incentive or reward in exchange for inflicting violence against a specific person or group of people;
  • Engagement in or promotion or glorification of violence against any living being to advance political, religious, or social causes;
  • Credible threats of imminent violence;
  • Harassment, bullying, or intimidation of any person or group or inciting others to do so;
  • Using aggressive insults with the purpose of harassing or intimidating others;
  • Expressing a wish or hope that a person or group experiences physical harm, death, or serious disease;
  • Behavior intended to harass, abuse, or threaten any person or group;
  • Hateful conduct, including conduct that promotes violence against, threatens, or harasses any person based on race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, serious disease, handicap, genetic makeup, victim status, or immigration status;
  • Hateful imagery-logos, symbols, or images whose purpose is to promote hostility and malice against others based on their status. Examples include symbols historically associated with hate groups (Nazi imagery, the swastika), images depicting others as less than human or altered to include hateful symbols, images altered to include hateful symbols or references to a mass murder that target a protected category (e.g., manipulating images of individuals to include the yellow Star of David badges used during the Holocaust or manipulating an image to show someone being lynched);
  • Content that is meant to degrade or shame any person or group;
  • Violent or dehumanising speech, statements of inferiority, or calls for exclusion or segregation;
  • Anything that incites fear or encourages real-world harm, including (but not limited to) physical, financial, and emotional injury;
  • Anything that violates any law or regulation in Australia or any jurisdiction where the site is available. Using the service for any unlawful purpose or in furtherance of illegal activities;
  • Operating a lottery, gambling, or casinos;
  • Offering goods or services made from endangered or protected species;
  • Offering counterfeit, fraudulent, or stolen goods or services;
  • Unlicensed sale of drugs, including prescriptions. Sale of any controlled substances without providing proof of appropriate permit(s) in advance, or promote, encourage, or engage in the sale or distribution of prescription medication without a valid prescription;
  • Purchase, sale, gifting, exchange, transfer, or instructions on making of any weapons, parts of weapons, ammunition, or explosives;
  • Human trafficking;
  • Displaying, advertising, promoting, or glorifying commercial sexual services, including erotic massage, dating, prostitution or escort services;
  • Promotes, encourages, engages in or glorifies real or simulated child pornography or exploitation;
  • Selling, buying, or facilitating transactions in illegal goods or services, as well as certain types of regulated goods or services;
  • Any activity that may be considered slanderous or libelous;
  • Content wherein people depict criminal activity or admit to crimes they or their associates have committed;
  • Any activity that promotes or could be considered an HYIP or Ponzi scheme, multi-level marketing, invasion of privacy, credit card fraud, or racketeering;
  • Torrent trackers, torrent portals, or similar software;
  • Using the services to transmit, distribute, or store material that may be harmful to or interfere with the services or any third party’s networks, systems, services, or websites, including but not limited to, viruses, worms, trojan horses, root kits, password crackers, adware, and key stroke capture programs;
  • Uploading unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, muds / rpg’s, hacking focused sites/archives/programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;
  • Using the services to engage in phishing activities or any activities that may interfere with the ability of others to access or use the service, network, or internet generally;
  • Using the services to cause security breaches or disruptions of Internet communication and/or connectivity.  Security breaches include, but are not limited to, accessing data, accounts or systems without authorisation or logging into a server or account that the customer is not expressly authorised to access and denial of service attacks.  Disruptions include port scans, flood pings, email-bombing, packet spoofing, IP spoofing, forged routing information;
  • Using the services to allow any remote code execution of malicious software;
  • Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Using the services to publish or post other people’s private information (such as home phone number and address) without their express authorisation and permission (doxing);
  • Threatening to expose private information or incentivising others to do so;
  • Sharing intimate, nude, or partial nude photos or videos of someone that were produced or distributed without their express written consent;
  • Any activity that includes the unwanted sexual discussion of someone’s body or otherwise sexualises or exploits an individual without their consent;
  • Using services for the purpose of manipulating or interfering in any public election. This includes posting or sharing content that may suppress voter turnout or mislead people about when, where, or how to vote;
  • Using the services to impersonate individuals, groups, or organisations in a manner that may mislead, confuse, or deceive others;
  • Content created or used with the intent to defraud or mislead others;
  • Accounts which misrepresent their affiliation, or share content that falsely represents its affiliation, to a candidate, elected official, political party, electoral authority, or government entity;
  • Violating others’ intellectual property rights, including copyright and trademark;
  • Facilitating, encouraging, or coordinating sexual encounters between adults;
  • Facilitating, encouraging, or coordinating drug transactions;
  • Distributing or making available content that was obtained through hacking that contains private information, may put people in physical harm or danger, or contains trade secrets;
  • Encouraging, incentivising, or offering to help others to participate in any activities or content that violates this AUP;
  • Anything else Deluxe, in its sole discretion, deems offensive, obscene, inappropriate, lewd, or abusive.

Email

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Customer will not use another site’s mail server to relay email without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside our network. It is also strictly forbidden to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Email (UBE). A Customer’s connectivity may be terminated without delay if the Customer has been documented on a recognised SPAM abuse list or if the Customer has previously been denied access from another provider due to AUP violations.

System and Network Security

Customer is prohibited from utilising our services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third-party site.

Specific activities that are prohibited include, but are not limited to:

  • Use or distribution of tools designed for compromising security;
  • Unauthorised 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 without express authorisation of the owner of the system or network;
  • Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network;
  • Deliberate attempts to overload a system and broadcast attacks;
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Violations

We, in our sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis and without notice to you. Violation of this AUP could subject Customer to criminal or civil liability. We may block access at the router level to Customer’s Equipment involved. If we believe, in our sole discretion, that a violation of this AUP has occurred, we reserve the right to temporary or permanent block access to any equipment, and immediately suspend or terminate Customer’s Services under this Agreement. If your use of Services violates this AUP, we may take any action to prevent that violation from continuing to occur – including removing all Customer access without prior notice. We may report to and will also fully cooperate with law enforcement authorities (including compliance with court orders) in investigating suspected lawbreakers.

We reserve the right to suspend or terminate any customer pursuant to any valid AUP complaint. Furthermore, we, in our sole discretion, may suspend or terminate, without notice, any User that we determine is a repeat AUP violator.

Reporting Copyright Violations

We comply with the Digital Millennium Copyright Act (“DMCA”) and encourage users to report alleged copyright infringement by sending a notice that complies with the DMCA to:

DMCA Notices

ATTN: Legal Department

3680 Victoria Drive North

Shoreview, MN  55126

Telephone Number of Designated Agent: +1 651-787-1196

Email Address of Designated Agent:  [email protected]

For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement. (For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).):

  • A physical or electronic signature of a person authorised to act on behalf of the copyright owner
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit us to locate the material
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

We reserve the right to suspend or terminate any customer pursuant to any DMCA complaint. Furthermore, we, in our sole discretion, may suspend or terminate, without notice, any User that we determine is a repeat copyright infringer.

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