This Acceptable Use Policy (“AUP”) applies to all customers (“you” or “customer”, whether or not capitalized) of Dataplugs or any Dataplugs affiliate upon subscription to the services of Dataplugs or any Dataplugs affiliate (“Services”), including subscription through a third party or any commercial partner.
Customer agrees to use the Services only for lawful purposes, in compliance with all applicable laws, and in compliance with this AUP. If customer uses the Services for unlawful purposes or not in compliance with all applicable law, or is, or uses the Services, not in compliance with this AUP, then Dataplugs may exercise the rights set forth in the “Violation” section of this AUP.
- Threatening harm to persons or property or otherwise harassing behavior.
- Misrepresenting or fraudulently representing products/services.
- Transmission, distribution or storage of any material in violation of any applicable law or regulation.
- Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
- Failure to provide complete, truthful and accurate information regarding the customer’s identity and locations as requested on all of Dataplugs’s application forms.
- Transmission, distribution or storage of any material that sponsors, assists in, or encourages the unlawful use or threatened use of force or violence against persons of property to intimidate or coerce a government, any civilian population or any segment thereof, in furtherance of political or social objectives.
- Being subject to economic sanctions, prohibitions or restrictions imposed by any governmental authority having jurisdiction over customer or in any jurisdiction where Dataplugs or any of its affiliates are located and whether or not the services provided to customer by Dataplugs or such affiliate would violate such economic sanctions, prohibitions or restrictions.
- Facilitating, aiding, or encouraging any of the above activities, whether using Dataplugs’s network or Services by itself or via a third party’s network or service.
- Interference with a third party’s use of Dataplugs’s network or Services, or ability to connect to the Internet or provide services to Internet users.
- Managing a proxy server.
Dataplugs has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, Dataplugs reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dataplugs will notify law enforcement officials if the violation is believed to be a criminal offense. Customer acknowledges that customer is responsible for any and all SPAM related actions which come from customer’s account.
- Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
- Customer will not use another site’s mail server to relay mail 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 the Dataplugs network.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Dataplugs Limited.
IP Blacklist Fees
If, as a result of a customer’s actions, Dataplugs Limited mail servers or IP address ranges are placed on email blacklists, any other mail filtering software system list or China Great Firewall, Dataplugs Limited shall charge the customer HKD$500 upfront and HKD$200/hour thereafter for any necessary investigation and corrective work.
Frequent Attack Targets Services (IRC networks, Camfrog, etc)
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without any notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. It is also forbidden to host Camfrog servers or other server applications that are frequent targets of Denial of Service attacks or other types of attacks. Any server guilty of a violation will result in immediate account termination.
System and Network Security
Customer is prohibited from utilizing the 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 not limited to:
- Threatening harm to persons or property or otherwise harassing behavior.
- Use or distribution of tools designed for compromising security.
- Unauthorized 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 authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization 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.
Resource Usage – Shared Hosting service
Restrictions on Storage Space Usage
All hosting accounts are subject to the following restrictions on storage space usage: a) accounts must have functional websites, and not be used for storage of backups, files, audio, video, zip files or others, as determined by Dataplugs in its sole discretion; and b) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these conditions may be suspended or terminated without warning.
For hosting packages supporting unlimited disk space or data transfer (bandwidth), meaning we do not have hard limit and you are not billed according to the amount of disk space or bandwidth used. While of course these resources are not infinite, we believe our customers should have all the resources necessary to build an online presence and 99.95% of customers will have more than enough disk space and bandwidth to meet their needs.
If your account’s bandwidth or disk space utilization causes any concern, you will receive an email asking you to reduce usage. We strive to provide at least 48 hours notice to allow customers to make adjustments before we take any corrective action.
It is very rare for a customer to exceed normal usage while managing a website. Typically, customers only experience issues if they use their accounts for storage (for example large multimedia files) or file sharing. Our hosting services are not intended to support these activities, and in accordance with our Terms of Service your disk space and bandwidth usage must be integrated into the normal operation of a website. We offer dedicated server plans that better address high bandwidth and large storage requirements. Please contact us for details.
Dataplugs, in its sole discretion, will determine what action will be taken in response to a violation of this AUP on a case-by case basis. Violation of this AUP could also subject Customer to criminal or civil liability. Dataplugs may block access at the router level to the Customer’s Equipment involved. If Dataplugs believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of accessing to Customer’s Equipment or data, and the suspension or termination of Services. Dataplugs may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Dataplugs and its affiliates have no obligation to provide warnings under any circumstances and can terminate the customer’s account without prior notice if the customer violates the policy.
Dataplugs reserves the right to modify this AUP at any time without notice. Customer is responsible for all use of the Services by itself, its employees, and customers.