Terms of Service
These Terms & Conditions (these “Terms” or this “Agreement”) are an agreement between the end-user (“you,” “your,” “customer” and/or “end-user”) and Virtacore Systems, Inc. and its subsidiaries (“Virtacore”“our,” “we,” or “us” ) governing your access to and use of the Internet cloud services, network and infrastructure offered by Virtacore, including any content and functionality offered through such services, network and infrastructure (the “Services”). As used herein, reference to our “network” generally refers to computers and servers in our control and located at our facilities (or facilities owned by service providers where we locate such equipment), as well as the Internet connectivity that connects such equipment to the Internet and to other equipment we control.
These Terms include the Services Provisioning Agreement, General Terms and Conditions, Privacy Terms, Acceptable Use Policy and all other materials referenced by these Terms, all of which are incorporated by reference herein. Certain Services are offered in accordance with applicable Service Level Agreements, which are also incorporated into these Terms.
These Terms become effective when you click an “I Accept” button or similar check box presented with such Terms or, if earlier, when you use any Services. By clicking such button or box, or otherwise using the Services, you represent to us that you are lawfully able to enter into this Agreement and are not a minor or otherwise unable to lawfully enter into a contract.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you,” “your,” “customer” and “end-user” also refers to that organization. To the extent that the organization’s employee(s) or third party agent(s) uses the Services, such usage shall be deemed the organization’s use for the purposes of these Terms.
If you resell any Services (assuming you are allowed to do so under the specific terms of the Services you have provisioned), you are responsible for ensuring that each of your customers that use the Services comply with your obligations under and agree to be bound by these Terms, or similar agreements consistent with these Terms. If any of your customers engage in any illegal activity or does not comply with these Terms, you are responsible for such actions. You are responsible for providing customer service, if any, to such customers.
You may use the Services only in compliance with these Terms. By using the Services you agree to be bound by these Terms. If you do not agree to these Terms, you should immediately stop using the Services and contact us.
Virtacore reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through Virtacore. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
Virtacore may enter into agreements or arrangements with third party service providers that provide, and/or support all or part of the Services offered to you and to monitor and enforce these Terms. By using the Services, you acknowledge such potential arrangements and agree and consent that Virtacore may do so. Further, by using the Services you acknowledge and consent that such third party providers may collect, receive and store information about you, including personally identifiable information, as required to provide the Services and described herein. Such data will be used by Virtacore and its providers in order to provide the Services and in accordance with these Terms.
If you become aware of any violation of your obligations under this Agreement by any of your customers, employees or agents, you will immediately terminate such person’s access to the Services and remedy such violation. If the violation is incapable of being cured, you agree to notify us immediately.
SERVICES PROVISIONING AGREEMENT
The Services allow you to establish your own public cloud utilizing our network. You agree to use the Services only for lawful purposes and will adhere to all laws, rules and regulations applicable to your use of the Services, including all provisions set forth in these Terms. Unauthorized transmission or storage of any information, data, or material in violation of any federal or state law or regulation, including without limitation illicit transmission or use of copyrighted material, obscene material, material protected by trade secrets or law or materials designed to harass or interfere with others, is strictly prohibited.
Creating an Account
In order to access the Services, you must first create an account. You will not be charged for any Services at the time of account creation. To create an account, you must provide us certain information, including your name, address, billing information, and valid email address. You must also provide us with valid debit card or credit card information. By creating your account, you consent to our collection, use and disclosure of the information you provide in connection with the Services and to the processing of any content you upload to the Services according to these Terms, including the Privacy Terms. In establishing your account, you must also create a password to be associated with the account and may further be required to provide additional information to be used for security and validation purposes. You may only create one account per email address. We will store and maintain the information provided according to our Privacy Terms.
Accuracy of Information
In establishing your account and using the Services, you are responsible for providing accurate and truthful information. We will not be responsible for any false or incorrect information that you provide. We may contact you to verify account information if we have any questions or concerns. However, we will never request that you provide us personal sensitive information via e-mail.
Protection and Maintenance of Your Account
You should treat your password and other account information as confidential and not disclose it to any other person that you do not authorize to use your account. You are responsible for ALL activities that occur using your account, including activities by your employees, family members and other third parties. We are not responsible for unauthorized access to your account unless such access is caused by our breach of these Terms. Therefore, you should take appropriate safeguard measures in creating and protecting your account, password and security information. You should use particular caution when accessing your account from a public or shared computer so that your information is not captured or stored on such computer and so that others are not able to view or record your password or other personal information. You should contact us immediately if you believe your account has been compromised or if you become aware of any unauthorized use of your account.
Once you have created an account you may provision the Services you want to use. To do so, you must use your account to login to our systems through the Virtacore Control Panel located at https:// vcloud.virtacore.com and may then customize the Services by selecting the type and number of servers, the type and number of processors, the operating system (OS) type, whether you will provide an OS you already license or whether you will license the OS from us, the required storage space and other parameters. These items will be further explained and detailed in the provisioning stage. After you have identified the Services you want to use, you will be provided an estimated cost for such Services, including any fixed or hourly costs for such Services, based on the requested Services, anticipated usage and other factors. This will only be an estimate. You will then have the option of accepting the provisioned Services or further customizing and changing the Services to be provisioned. Once you have completed this process, you may either accept the Services provisioned or cancel the provisioning process. If you cancel the process, no Services will be provisioned. If you accept the Services, as provisioned, then your payment account will then be charged with the amount of the setup fee, if any.
Once you have accepted the provisioned Services, usage charges will immediately commence. For public cloud Services, you will be charged an hourly rate for every hour the Services are provisioned whether or not you are logged into your account and/or actively using the Services have provisioned. These charges will be billed in arrears or otherwise according to the General Terms and Conditions. Usage charges will continue to accumulate until you ‘turn down’ the Services and delete the provisioned servers. PLEASE REMEMBER that once a set of Services is deleted, it cannot be restored and all information and content is forever gone. Therefore, it is important that you back up any data or information you wish to maintain. It is YOUR responsibility to ‘turn down’ and delete a Service to stop incurring additional charges. Even if a Service is deleted, your account remains active so you can provision additional Services.
Excessive Bandwidth Charges
An account includes unlimited inbound traffic for content loaded to our network and up to one terabyte of outbound traffic each month. After this level is exceeded, there will be a usage charge for each additional gigabyte. If we determine that the amount of inbound traffic greatly exceeds the average amount of inbound traffic for a typical user, we may notify you and subsequently limit the amount of inbound traffic without additional charges. Further, we reserve the right to change the amount of included bandwidth and charges for additional bandwidth on reasonable notice to you in accordance with these Terms.
You are solely responsible for all uses of your account and the Services. In using the Services, you are agreeing to undertake various responsibilities, as described in these Terms. Additionally, you are agreeing to undertake the specific responsibilities set forth in the following paragraphs.
We understand that in using the Services, you will run, transfer, process, use, store or interface with software, data, text, audio, video, images or other content (“User Content”) that you upload to our network. This User Content may even include the underlying OS to be loaded and installed by you on our servers. You are solely responsible for the ownership, licensing, development, content, operation, maintenance, and use of such User Content. If any of the User Content includes software that you license from a third party, you are solely responsible for adhering to the applicable license for such content. Without limiting the foregoing, you are solely responsible for (a) the technical operation of your User Content; (b) compliance of your User Content with these Terms and applicable laws and regulations; (c) any claims relating to your User Content; and (d) dealing with any notices you receive with respect to your User Content, including notices respecting potential copyright and intellectual property issues. You represent and warrant to us that you are the owner or valid licensor of any User Content.
Although we implement reasonable safeguards to prevent unauthorized access to our network and the Services, you are responsible for maintaining appropriate security, protection and backup of any User Content that you upload to the Services or any other User Content or data which are processed or created using the Services. Without limitation, you may determine it is appropriate to adopt the use of encryption technology to protect your User Content. You are responsible for archiving your User Content to ensure that you have current backups of such content if you desire such backups.
Changes to Services
We may change or discontinue any of our Services or change or remove features or functionality of our Services from time to time. To the extent such changes would modify applicable fees or functionality to your already provisioned Services, we will provide you thirty days’ notice of any such material change to or discontinuation of the Services.
IP Addresses. Internet Protocol numbers (“IP numbers”) provided or assigned by Virtacore in connection with the Services at all times remain the property of Virtacore and are not portable. You shall not have any rights with respect to such IP numbers.
GENERAL TERMS AND CONDITIONS
Fees and Payments
When you establish your account with us, you must provide us a valid debit card or credit card (“payment account”) for making payments for the Services. It is your responsibility to maintain updated records with respect to your payment account. We are not responsible for any failure to process a payment or the deletion of your information or account as a result of an expired payment account. All invoicing is done electronically via email and it is your responsibility to make sure we have a current email address for you to receive invoices and notices.
You will be invoiced and your payment account will be charged for non-recurring charges, including setup and installation fees, at the time you provision the applicable Service.
On or around the first calendar day of each month, you will be invoiced and your payment account will be charged for monthly recurring fees, including hourly service usage for all times provisioned Services were active, IP address allocation and any bandwidth charges. With respect to public cloud services, these charges will be made in arrears for the prior month’s usage of Services.
We may invoice and charge you more frequently for fees accrued if we suspect that your account is fraudulent or we have determined that there is a risk of nonpayment. We reserve the right to perform a credit check on or seek other reasonable assurances of payment. By creating an account, you agree that we may run such credit check. Further, we may require a security deposit be established for the Services to protect us from nonpayment.
All charges are due within five days of the date of invoice. If a charge is declined or there is a chargeback due to an expired payment account or due to insufficient funds, we will attempt to contact and notify you. However, we are not responsible for any failure to successfully contact and notify We may impose a penalty charge of $35 for any charge that is declined or any chargeback as a result due to an expired payment account or due to insufficient funds. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. All amounts payable for Services will be made without setoff or counterclaim, and without any deduction or withholding.
Following the five day period, we may suspend your account. If a suspended account is not brought current and reinstated within 72 hours of suspension, we may, at our option, elect to terminate and delete the account or the Services. Suspension or termination of your account and the Services will not relieve you of any obligation to make payments of amounts that are payable by you with respect to the Services. In the event that your account or any Services is suspended, an account reinstatement fee of $10 shall be required to reactivate the account.
Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on our website or any other material we provide, unless expressly stated otherwise. We may increase or add new fees and charges for any existing Services by giving you at least 30 days’ advance notice.
All fees and charges payable by you are exclusive of applicable taxes and duties, including value added taxes and applicable sales tax which you are responsible for paying. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you must provide us with legally sufficient tax exemption certificates for each taxing jurisdiction. Once we have received and reviewed such documentation, we will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority. We reserve the right to pass through to you any additional fees or charges created by a change in regulation, new tax or similar surcharge or a change in the telephone or telecommunications fees with respect to services that we purchase from a third party to provide the Services.
Duration of Services; Suspension of Services
This Agreement will remain in effect until terminated by you or us in accordance with these Terms.
We may suspend your account and right to access or use all or any portion of the Services immediately upon notice to you if we determine in good faith: (a) your use (or any use under your account) of the Services (i) poses a material security risk to us, the Services or any third party, (ii) or (iii) may be fraudulent; (b) you are, or any user under your account is, in breach of these Terms, including payment delinquency (as described above); or (c) you have ceased to operate in the ordinary course (if you are an organization or business), made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
[If we suspend your account or access to all or any portion of the Services in accordance with these Terms, you remain responsible for: (a) all fees and charges you have incurred through the suspension date; (b) any applicable fees and charges for any Services to which you continue to have access; and (c) any cancellation charges in the amount of any for fixed amounts payable for the remaining Term. You will not be entitled to any service credits under the Service Level Agreements for any period of suspension. Our right to suspend your account is in addition to any other rights provided by these Terms.
Termination of Agreement and Account
You may terminate this Agreement for any reason by (i) providing us notice and (ii) closing your account and closing and deleting all Services which are currently provisioned. We may terminate this Agreement for any reason by providing you 30 days advance notice. If you terminate Services that were provisioned for a minimum fixed period and termination is not for cause, you may be subject to cancellation charges, which you hereby agree to pay.
Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period. This paragraph does not apply to non-payment, which is addressed elsewhere in these Terms.
We may also terminate this Agreement immediately upon notice to you (a) if the account has been suspended for nonpayment and the period for reinstatement has passed; or (b) in order to comply with the law or requests of governmental entities.
Upon any termination of this Agreement, (a) all your rights under this Agreement immediately terminate; and (b) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination, as well as any applicable termination or cancellation charges. Upon termination, we will delete your account and any related Services, including any User Content. [You may retrieve your User Content (if it has not been deleted) from the Services only if you have paid any charges for any post-termination use of the Services and all other amounts due. Any additional post-termination assistance from us is subject to mutual agreement by you and us.
You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to your User Content; and (b) none of your User Content violates the Acceptable Use Policy.
As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Services and all components thereof. While this Agreement is effective, we grant you a limited, revocable, non- exclusive, non-sublicensable, non-transferrable license to access and use the Services solely in accordance with this Agreement.
Neither you nor any other user may use the Services in any manner or for any purpose other than as expressly permitted by these Terms. Neither you nor any of your employees, customers or agents may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Services (except to the extent software included in the Services are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services, (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Services (unless expressly provided in writing). All licenses granted to you in this Agreement are conditional on your continued compliance these Terms, and will immediately and automatically terminate if you do not comply with any term or condition of these Terms.
You will defend, indemnify, and hold harmless us and our licensors, and each of their respective employees, officers, directors, and representatives and similar parties (“Representatives”) from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) (“Claims”) arising out of or relating to any third party claim concerning: (a) your use (or any use by your employees, customers or agents)of the Services in violation of this Agreement ; (b) breach of this Agreement or violation of applicable law by you or any of your employees, customers or agents; or (c) your User Content or the combination of your User Content with other applications, content or processes not provided by us, including any claim involving alleged infringement or misappropriation of third-party rights by your User Content or by the use, development, design, production, advertising or marketing of your User Content.
We will defend, indemnify, and hold harmless you and your Representatives for any third party Claims arising out of or relating to any third party claim that our offered Services infringe on the intellectual property rights of any third party.
The indemnities in this section are subject to the indemnified party: (i) providing the indemnifying party with notice of the indemnifiable claim within a reasonable period of time after learning of the claim; and (ii) reasonably cooperating in response to indemnifying party’s requests for assistance. The indemnifying party may not settle or compromise any indemnified claim without the prior written consent of the indemnified party.
Disclaimers; Warranties and Liability
THE SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR USER CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
EACH PARTY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR USER CONTENT OR OTHER DATA. IN ANY CASE, EACH PARTY AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
We may provide any notice to you under these Terms by: (i) posting a notice at http://www.virtacore.com/terms_of_service, which notice will be effective upon posting; or (ii) sending an e-mail message to the email address then associated with your account. It is your responsibility to keep your email address current and notify us or update your account if your email has changes. You are deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
To send us notice under this Agreement, you may send the notice to us as follows: (i) by facsimile transmission to (877) 905-0168; or (ii) by personal delivery, overnight courier or registered or certified mail to Virtacore, 22375 Broderick Road, Suite 155, Sterling, VA 20166. These numbers and addresses may be modified by us by email or by posting a notice at http://www.virtacore.com/terms_of_service/. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
All communications and notices to be made or given pursuant to this Agreement must be in the English language.
Modifications to the Terms
We may modify the Terms at any time by posting a revised version at http://www.virtacore.com/terms_of_service/ or by sending you an email in accordance with the above notice provision. Such modified terms will become effective upon posting or, if we choose to notify you by email, as stated in the provisions of the e-mail message. By continuing to use the Services after the effective date of any modification or notice, you agree to be bound by the Terms, as so modified. It is your responsibility to check the http:// www.virtacore.com/terms_of_service/ Site regularly for modification of these Terms.
We shall not be liable if our failure to perform under the Agreement is caused by damages, losses or other factors beyond our control, including without limitation, failure or impairment of essential facilities, governmental action, war, civil disturbance, weather, general material shortages, labor strikes or walkouts, acts of God or other similar events.
The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this paragraph will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
Relationship of the Parties/No Joint Venture
Nothing contained herein shall be construed to imply a partnership, joint venture, principal and agent or employer and employee relationship between us.
Governing Law/Choice of Venue
These Terms and the relationship between you and Virtacore shall be governed by the laws of the State of Virginia as applied to agreements made, entered into and performed entirely in Virginia by Virginia residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Virtacore Websites shall be brought in the Federal or State courts located in Alexandria, Virginia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
The obligations of these Terms which by their nature should survive the expiration or termination shall survive any termination, expiration or cancellation.
If any portion of these Terms shall be deemed invalid or unenforceable, such invalidity or non- enforceability shall not invalidate or render unenforceable any other portion of these Terms.
No Third Party Beneficiaries
No provision of this Agreement is intended, nor shall any be interpreted, to provide any person not a party to this Agreement with any remedy, claim, liability, reimbursement or cause of action or create any other third-party beneficiary rights.
These Terms, including any attachments or exhibits incorporated herein, constitutes the entire agreement between us with respect to the subject matter hereof and supersedes all other oral or written communications and understandings with respect to such subject matter.
ACCEPTABLE USE POLICY (“AUP”)
This AUP includes basic rules and guidelines governing your use of the Services and the type and nature of User Content (as defined in the Terms) that may be posted by you or uploaded to our network and servers. Each and every customer that uses Virtacore’s network and infrastructure is responsible for following the rules set forth in this AUP. These rules are designed to comply with applicable law and to protect our network and services. These rules are put in place to protect not only us, but also you and our other customers.
Please understand that we do not undertake any obligation to monitor any User Content sent, posted, linked or otherwise conveyed by you or other customers. However, we reserve the right to do so, including when directed to do so by law enforcement. If we become aware of conduct or User Content that violates the Terms, including this AUP, we may take appropriate action.
Violation of this AUP may result in the immediate suspension or termination of your Services. Additionally, depending on the severity of the infraction, it could lead to further legal action. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other appropriate regulatory agencies. We intend to cooperate with legal and regulatory agencies to help with the investigation and prosecution of illegal conduct by our customers that uses our services or network infrastructure, including complying with and providing information in response to any subpoena or request for information by law enforcement or regulatory authorities. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
You must not, and must not attempt to do the following things when using the Services or our network:
- Participate in any illegal activity. Please consult an attorney if you are not sure of the legal status of you or your customer’s actions.
- Hacking, cracking or phishing of any sort will not be tolerated and will result in the immediate termination of your Services as well as possible further legal action. You are not allowed to tamper with other accounts, files, programs or information on our network or servers. You may not probe, scan or test the vulnerability of any system or network. You may not breach or otherwise circumvent any security or authentication measures.
- You may not use the Services to advertise, transmit or make available any gambling sites that would be illegal under applicable federal or state laws.
- You may not use any of the Services for distribution of illegal material such as pirated software, pornography, credit card information, or publishing someone else’s private data (phone number, social security number, credit card or financial information, etc.) in public places.
- You may not copy, upload, download or share files unless you have the legal right to do so. You may not publish anything that is fraudulent, misleading or infringes another’s rights. You must not upload spyware or any other malicious software to our Services.
- You may not upload or transmit content that is defamatory, obscene, abusive, or constitutes an invasion of privacy. This includes content that is child pornography, relates to bestiality or depicts non-consensual sex acts.
- You may not use any of our Services to launch attacks on others, such as floods, DoS attacks, email spam, USENET spam, Multi-level marketing type programs, malware or in any negligent manner that intends to cause harm or damage to other systems either connected to our network or elsewhere on the Internet.
- You may not send unsolicited communications, promotions, advertisements or other spam. If we receive complaints about spam/UCE originating from your account, we will contact you immediately to correct the situation. We reserve the right to take any action necessary to resolve the situation if you are not able to or refuse to resolve the situation when we notify you. This may include removing your server from the network and termination of service.
- CHILD PORNOGRAPHY IS STRICTLY PROHIBITED ON OUR NETWORKS, SERVERS, AND FROM ANY OTHER SERVICE WE OFFER. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.