The following Acceptable Use Policy of (“AUP”) will apply to the agreement to provide service between DWD Technologies LLC, d/b/a VertexHost (“Company”), and the individual or business entity identified on the order form for said services (“Customer”). These terms, along with the Terms of Service (“TOS”), collectively be referred to as the “Agreement” between the parties.
This Agreement is not exhaustive and VertexHost reserves the right to modify either or both the TOS and/or the AUP at any time, effective upon posting of the modified TOS and/or AUP at www.VertexHost.com. By registering for and using the services, and thereby accepting the terms and conditions of this TOS and AUP, you agree to abide by these conditions, as modified from time to time. Any violation of the TOS or AUP may result in the suspension or termination of your account or such other action as VertexHost deems appropriate.
- SERVER ABUSE: Any attempt to undermine or cause harm to a server or Customer of Company is strictly prohibited. Unauthorized use of other people’s accounts or computers is strictly prohibited. Company will pursue any use or attempted use of any Internet account or computer owned by a third party without said parties authorization. Such attempts include, but are not limited to “Internet scamming” or “phising” (tricking other people into releasing their passwords), password robbery, security hole scanning, etc. Any unauthorized use of accounts or computers by a Company’s customer, whether or not the attacked account or computer belongs to Company, may result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.IMPORTANT NOTE – Company has the right to discontinue service or deny access to anyone who violates these policies or the terms and conditions thereof WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined herein.
- ILLEGAL USE: The services provided by the Company may not be used for any illegal purposes or in support of any illegal activity. The Company reserves the right to cooperate with any legal authorities and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
- CHILD PORNOGRAPHY: Use of services provided by the Company are strictly prohibited from being used to store, display, distribute, advertise, or in any way support child pornography. The Company will comply with all law enforcement entities to actively enforce this policy, and will report any Customer who violates this policy to the United States FBI and/or Interpol to the extent the Company become aware of such violations.
- UNSOLICITED EMAIL (Spam): Unsolicited commercial advertisements (spam) are not allowed in e-mail, and may result in account cancellation. Use of services provided by the Company to transmit or support any type of unsolicited commercial or unsolicited bulk email message (SPAM) is strictly prohibited. Company takes a zero-tolerance approach to spam originating from our servers and/or for spam advertising of domains hosted on Company servers. Any violation of this policy may result in the immediate termination of services.
- NETWORK SECURITY & ACTIVITY: Customers may not use the Company’s network with an attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, denial of service (DOS) attacks or other deliberate attempts to overload or crash a host or network. Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Company will shut it down immediately. In addition, Customer agrees to pay any charges resulting from the cost to correct security breaches affecting the Company or any of its other customers. Customers may not run IRC, bots or clients. Company reserves the right to filter all IRC related traffic. The Company will make reasonable attempts to ensure the security of its internal and external networks remain intact, however, Customer agrees to take reasonable measures to ensure the security of Customer’s account, or in the case of accounts which utilize dedicated servers or co-location services, the Customer agrees to make every attempt to ensure the security of their individual servers or, will on a regular basis, utilize the managed services that are provided by the Company to ensure the security of the network.
- SERVER RESOURCE ABUSE / SCRIPT USAGE: Shared and reseller server accounts are limited in use of the amount of server resources. Shared server resource abuse includes, but is not limited to, any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3 and FTP. Any user found to be abusing or manipulating system resources will, to the extent possible, be notified that they are in violation of this policy. If this abuse or manipulation continues, the Company reserves the right to suspend, terminate, or make appropriate changes to prevent future incidents. Notwithstanding the foregoing, if server overload is a result of server resource abuse, the Company may take action without prior notice or warning. The following scripts and programs are prohibited from use on our servers due to the potential for abuse misuse:
- CGI based forums / Message boards
- IRC scripts, bots, eggdrops or server software
- Proxy servers or “Anonymizer” scripts
- All “formmail” scripts other then the approved, pre-installed versions provide
- Scripts used for supporting illegal activities such as hacking, spoofing, sniffing, etc.
- MODIFICATIONS AND EMENDMENTS: The Company reserves the right to modify this Agreement at any time without prior notification. Any questions regarding these terms and policies should be directed to our billing department prior to purchasing services.