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In order to provide a
professional service, we
have set up a few guidelines
for users of our service.
Some of these guidelines may
seem strict, but they ensure
a safe, functional, and
trusted environment for all
our customers to publish
their information on the
Web.
Many of our
competitors do not require
their customers to comply
with these guidelines. If
any of our potential
customers are unwilling or
unable to comply with these
guidelines, we respectfully
invite them to visit one of
our competitors.
Use of our service
Whether directly or
indirectly using our
services, it constitutes
your acceptance of these
terms and agreement to abide
by them. We reserve the
right to amend or adjust
these terms at any time,
though we'll do our best to
notify you in advance. Your
continued use of our
services constitutes your
acceptance of any changes we
make.
You are solely
and fully responsible for
the contents of your
account. Any and all
repercussions will be borne
solely by you as the account
holder.
And whilst we
don't want to make a whole
pile of rules, in essence if
you obey the laws of the
country or state in which
your VPS is located we
shouldn't have any problems.
However, there are certain
things we will not tolerate
and these need to be spelt
out in plain English.
Things we will
not tolerate
You
may not publish/host any
material that is grossly
offensive, including ,
exploitation of children,
blatant expressions of
bigotry, hatred, harassment,
defamation, or invasion of
privacy.
Obscene
publications including but
not limited to Child
Pornogaphry, Beastality,
golden/scat (NZ),
abduction/rape/snuff films.
Hacking, cracking,
piracy, phreaking, phishing,
scamming, warez,
pyrotechnics, exploitive
software or text that
educates or encourages this
activity and/or use.
Anything Tor related, for
example: Tor hidden servers,
exit nodes, relays,
directories.
You may
not store or index any
material that violates or
infringes on the copyright,
intellectual property rights
or trademark rights of any
individual or organization,
this includes housing a seed
box for torrenting
infringing content or any
hosting of ROMs or
Emulators.
IRC
clients are OK. If you
attract attention to
yourself by spamming or
getting DDoS'd your service
will be terminated
immediately. If we find that
your VPS server is being
used to direct/control any
botnet, malicious content or
traffic it will also be
terminated immediately.
You are solely and fully
responsible for the contents
of your account. Any and all
repercussions will be borne
solely by you as the account
holder.
Denial
of Service (DoS/DDoS)
Any activity to implement or assist in the
implementation of Denial of Service attack: Visual Web absolutely
prohibits the use of Services for the origination, propagation or
control of Denial of Service attacks ("DoS") or Distributed Denial of
Service attacks ("DDoS"). Customers may not utilize the Services to
perform DoS or DDoS mitigation activities (such as service proxying or
data scrubbing) which may result in attracting inbound denial of service
attacks toward the Services. Any relation to DoS or DDoS type activity
is a direct violation of Visual Web's AUP.
Visual Web will:
Suspend any service
participating in DoS/DDoS
attack until resolving the
issue.
Suspend any
service under DoS/DDoS
attack until resolving the
issue.
Not unsuspend
any service under DoS/DDoS
attack until our technical
team made sure that the
issue has been resolved and
the Customer has no right to
prompt on that.
Additionally, concerning servers in locations Saudi Arabia and Malaysia:
Visual Web will also terminate any service if the DoS/DDoS attack has been repeated for
a second time.
Server Abuse
Any
attempts to undermine or
cause harm to a Visual Web
server or a subscriber of
Visual Web is strictly
prohibited including, but
not limited to:
Logging into a server or
account that you are not
authorized to access.
Accessing data or taking
any action to obtain
services or information not
intended for you or your use
without the consent of the
owner.
Tampering,
hacking, modifying, or
otherwise corrupting or
breaching security or
authentication measures
without proper
authorization.
Transmitting material that
contains viruses, Trojan
horses, worms, time bombs,
cancelbots or other computer
programming routines or
engines with the intent or
effect of damaging,
destroying, disrupting or
otherwise impairing a
computer’s functionality or
the operation of the Visual
Web’s systems.
Monitoring data or traffic
on any network or system
without the express
authorization of the owner
of the system or network.
Interfering with,
intercepting or
expropriating any system,
data or information which
you do not have the right to
access.
Interfering
with service to any user,
host or network including,
without limitation, by means
of overloading, "flooding",
"mail bombing", or
"crashing" any computer
system.
You agree
that we may quarantine or
delete any data stored on
the Visual Web network if
the data is infected with a
virus, or is otherwise
corrupted, and has the
potential to infect or
corrupt the network or other
customers’ data that is
stored on the network.
E-mail Usage
Policies
Visual
Web does not support
unsolicited email messages
sent by users of our system
(also known as junk e-mail
or spam). Users sending
unsolicited e-mail messages
from our system will have
all of their services
temporarily suspended. They
will then be contacted by
Visual Web and informed of
the suspension before having
their services reinstated. A
repeated offense may cause
cancellation of service
without refund of any fees.
It is up to the reseller to
monitor and control outgoing
junk e-mail/spam.
Fraudulent
Activities
Visual Web prohibits
utilizing dedicated services
or network services for
fraudulent activities.
Participation in fraudulent
activities is in direct
violation of countries' laws
and Visual Web’s AUP.
Violation of
Intellectual Property Rights
The Services and/or Third
Party Services shall not be
used to publish,
submit/receive,
upload/download, post, use,
copy or otherwise reproduce,
transmit, retransmit,
distribute or store any
content/material or to
engage in any activity that
infringes, misappropriates
or otherwise violates the
intellectual property rights
or privacy or publicity
rights of Visual Web or any
other party, including but
not limited to any rights
protected by any copyright,
patent, trademark laws,
trade secret, trade dress,
right of privacy, right of
publicity, moral rights or
other intellectual property
right now known or later
recognized by statute,
judicial decision or
regulation.
Distribution of Malware
Visual Web prohibits the
storage, distribution,
fabrication, or use of
malware including virus
software, root kits,
password crackers, adware,
keystroke capture programs
and other programs normally
used in malicious activity.
The use of such programs in
the normal ordinary course
of business, however, may be
requested by Customer and
approved by Visual Web on a
case by case basis. Example:
Security company using the
Services to analyze the
latest root kit for new
security analysis/software.
Phishing
Visual Web strictly
prohibits any activity
associated with phishing or
systems designed to collect
personal information (name,
account numbers, user names,
passwords, etc.) under false
pretense. Splash pages,
phishing forms, email
distribution, proxy email or
any relation to phishing
activities will result in
immediate removal or
suspension of Customer’s
account.
Vulnerability Monitoring and
Testing
You may
not attempt to probe, scan,
penetrate or test the
vulnerability of a Visual
Web system, subsystem or
network or to attempt to
breach security or
authentication measures,
whether by passive or
intrusive techniques,
without Visual Web’s express
written consent.
IP Address Usage
You may only use IP
addresses assigned to you by
Visual Web in connection
with your Visual Web
Services. You agree that if
the Visual Web IP addresses
assigned to your account are
listed on an abuse database,
you will be in violation of
this AUP, and Visual Web may
take reasonable action to
protect its IP addresses,
including suspension and/or
termination of your Service,
regardless of whether the IP
addresses were listed as a
result of your actions.
Unsolicited Mail
You may not send unsolicited
e-mail. E-mail is
unsolicited if you have no
pre-existing relationship
with the recipient, unless
the recipient has published
or otherwise provided his or
her e-mail address in a
manner which implies consent
to receive the e-mail. You
may not send e-mail of any
kind to a person who has
indicated that they do not
wish to receive it. This
prohibition includes the
direct sending and receiving
of such messages, support of
such messages via web page,
splash page or other related
sites, or the advertisement
of such services. The
falsifying of packet header,
sender, or user information
whether in whole or in part
to mask the identity of the
sender, originator or point
of origin or knowingly
deleting any author
attributions, legal notices
or proprietary designations
or labels in a file that the
Customer mails or sends. Any
such e-mail shall comply
with all laws and
regulations, including
without limitation, The
Unsolicated Electronic
Messages Act 2007 (the UEM
SPAM Act).
Message Source
You may not obscure the
source of your email in any
manner, including by
intentionally omitting,
forging, or misrepresenting
messages headers or return
addresses.
E-mail Abuse Complaints
Complaints from e-mail
recipients and third-party
abuse agencies (e.g.
SpamHaus or Spamcop) shall
be deemed proof of the facts
stated therein unless you
provide reasonable evidence
to the contrary. Visual Web
shall have the right to
terminate your mail service
if we receive excessive or
repeated complaints from
your e-mail recipients,
regardless of whether you
are in breach of this AUP or
are otherwise at fault.
Blacklisting/Retaliation
Visual Web may terminate
your Services if your e-mail
address or related IP
number(s) is/are blacklisted
by any third party, or
Visual Web is retaliated
against as a result of your
use of the mail system,
regardless of whether you
are in breach of this AUP or
are otherwise at fault.
UseNet SPAM
The use of dedicated
services to send, receive,
forward, or post UseNet
unsolicited e-mail or posts
is a direct violation of
Visual Web’s AUP. This
includes UseNet services
located within the Visual
Web network or unrelated
third party networks.
Illegal
Activities
Customers caught using our
system for illegal
activities, including but
not limited to breaking into
remote systems, credit card
fraud, theft, vandalism,
threats, or violence, will
have their accounts
immediately cancelled
without refund of any fees.
Further Terms of
Service
In no
event will Visual Web be
liable for any losses or
damages arising out of the
use of or inability to use
Visual Web's services or any
content thereon. We take no
liability in case of data
loss, users should always
keep their own backups of
important data. If required
so please ask us for any
backup service options.We
encorage all our clients to
subscribe to such services
as this adds extra data
retention in any event of a
node or data loss.
Services are set to renew on
the anniversary of the day
that order was created. An
e-mail requesting payment is
sent to you every day that
your bill is unpaid. Server
disconnects begin if an
invoice is past due. We do
not telephone or send postal
mail notifying about
disconnects.
A
billing dispute of any kind
does not exempt you from
paying current and future
bills. Billing disputes
resolved in the customer's
favor will receive account
credit for overpayment.
If any chargebacks occur
on your credit card or
PayPal account we reserve
the right to suspend your
service without notice and
will terminate your service
and recycle your server(s)
if contact and payment not
made within 3 days.
If you have chosen not to
subscribe to one of our
managed plans you are
responsible for the security
of your server. If we
receive complaints about
spam, malware, or other
issues that are damaging to
us or our upstream service
provider we will investigate
the report independently and
if found to be valid your
VPS will be suspended
immediately and you will be
notified via email. This
must take place to ensure
our high reputation is
maintained as a service
provider.
Right To Refuse Service
Visual Web reserves the
right to refuse service to
anyone for any reason. We
enforce this policy to
ensure a professional
environment for the users of
our system. This includes
any programs, such as CGI
programs that are using
excessive amounts of system
resources. Excessive amounts
is defined as any amount
that results in substantial
degradation of server
performance. Visual Web is
the sole determinant of what
constitutes degraded server
performance. On some
occasions, we allow heavy
usage depending on the
situation. However,
additional fees may apply.
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