ACCEPTABLE USAGE POLICY

Acceptable Usage Policy

ByteNAP Cloud provides services to clients all around the world. We are committed to protecting each client and delivering the best services available. The following guidelines are designed to help us ensure we can achieve this.

ByteNAP Cloud will be the sole arbiter as to what constitutes a violation of these provisions.

General:

Services provided by ByteNAP Cloud may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

The subscriber agrees to indemnify and hold harmless ByteNAP Cloud from any claims resulting from the use of the service that damages the subscriber or any other party.

Content:

Examples of unacceptable content include, but are not limited to:

  • Copyrighted media, without authority to distribute or display
  • Unlicensed applications
  • Cracking programs or key generators
  • High Yield Investment Programs (HYIPs) and related monitors, toplists, etc.
  • Child pornography or kidnapping material
  • Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
  • Terrorist propaganda, racist material, or bomb/weapon instructions
  • Viruses, spyware, malware, or other infectious material
  • Material protected by trade secret or other statutes


Additionally, ByteNAP Cloud prohibits:

 

  • IRC and associated programs (including psybnc, “bots”, etc.)
  • Game servers, voice servers, and related applications
  • Scripts commonly used for abuse, attacks, or flooding
  • Threatening, harassing, or obscene content

Legal adult content is permitted on all ByteNAP Cloud product lines. The viewing, downloading, or possession of such information/data by ByteNAP Cloud clientele is not governed by ByteNAP Cloud policy and is at your own discretion and free will. It may be governed by your state or federal government.

Links to unacceptable content, as defined above, are also prohibited.

Online Activity:

Any attempts to undermine or cause harm to the ByteNAP Cloud equipment, network, operations, or clientele are STRICTLY prohibited. ByteNAP Cloud will pursue legal action to the fullest extent for any abuse or violation of this policy.

Any activity deemed damaging or abusive, whether unlawful or considered detrimental to the operations of ByteNAP Cloud, is prohibited. This includes, but is not limited to:

  • Denial of Service Attacks (DoS/DDoS)
  • Unnecessary Port Scans
  • Mail Bombing
  • Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.

Bulk Email:

We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising) from the ByteNAP Cloud network, or spamvertising (unsolicited advertising of) sites hosted on the ByteNAP Cloud network, is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

  • The recipient has confirmed their willingness to be added to the distribution list of the mailing by responding to a verification email or verifiably confirming permission in another way. (Evidence of such confirmation must be retained and made available upon request.)

  • All bulk email senders must post privacy policies associated with the sending domains. Co-registration is not prohibited, but explanations of information sharing must be both publicly available and included in the confirmation mechanism for list subscription.

  • If ByteNAP Cloud requests evidence of confirmation, this request must be honored within 24 hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

  • Additionally, if such actions cause mail servers or IP address ranges on the ByteNAP network to be blacklisted, ByteNAP Cloud reserves the right to terminate the customer account and impose a fine on the customer.

Policy Violations:

ByteNAP Cloud may, at any time, audit systems for any data or activity indicating potential policy violations.

Warnings:

The ByteNAP Cloud Abuse Department will attempt to contact the client via email when the first sign of a possible violation is detected. These alerts are provided as a courtesy. Responses to such alerts are required. If an alert is received from any ByteNAP Cloud staff member, the client is responsible for acknowledging the alert and citing any action planned or taken within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to respond may result in termination.

Suspension/Deactivation:

If any terms or conditions are not followed, the client risks service suspension or termination. ByteNAP Cloud reserves the right to remove any account without prior notice. If ByteNAP Cloud deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Unauthorized Usage:

In any case involving unauthorized parties utilizing a ByteNAP Cloud service for abuse or violations, the client will be responsible for stopping all affected applications until the source of the problem is found and corrected. ByteNAP Cloud may opt to disable all services until the client can perform such an investigation.

Resource Usage:

ByteNAP Cloud will be the sole arbiter of what constitutes a violation of resource usage limitations.

Bandwidth:

Overage fees will apply to any service utilizing more than its assigned bandwidth allocation, except for unmetered bandwidth VPS and servers. Overages will be calculated based on the total amount of Gigabytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS will be calculated using the industry-standard 95% method unless specified otherwise in the contract. The client is responsible for all usage and any corresponding overage fees resulting from a service that may be hacked and/or flooding. ByteNAP Cloud may require a deposit if a client utilizes or requires large amounts of bandwidth beyond their standard bandwidth allocation.

Filtering:

ByteNAP Cloud reserves the right to block, filter, or throttle ports and/or IP address ranges at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known spamming IP address range, or limiting the speed of point-to-point file-sharing programs (e.g., Kazaa, Limewire, eDonkey). This may also include giving priority to certain types of traffic, such as Voice-over-IP (VoIP) phone call transmissions.

Virtual Private Servers (VPS):

To maintain the integrity of our service, VPS services that utilize heavy amounts of system resources may be required to upgrade. Alternatively, ByteNAP Cloud may relocate your site to a different server and/or IP address to reduce the load on the server where your service is currently hosted.

Abusive Clientele:

ByteNAP Cloud may, at its discretion, suspend or terminate the service of any client that is abusive or harassing toward ByteNAP Cloud and/or ByteNAP Cloud employees. Examples of such activity include, but are not limited to:

  • Verbal abuse, such as cursing, yelling, or threatening behavior
  • Ongoing disregard for warnings or notices
  • Consistent mistakes, errors, or changes that cause unnecessary workload
  • Spamming ByteNAP Cloud email addresses, ticket systems, or servers
  • Continuous involvement in flood/DDoS activity, hacked services, or other ongoing non-permitted usage
  • Consistent late payments or responses
  • Issuing a chargeback or bouncing a payment
  • Continuous activation of problematic end-users
  • Activities that affect the service(s) of other ByteNAP Cloud clients
Login

Contact Us